Engaged Client-Centered Representation and the Moral Foundations of the Lawyer-Client Relationship

19 Pages Posted: 10 Nov 2011

Abstract

The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality and justice. Unfortunately, the field of theoretical legal ethics has mostly lost track of the thing at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. The field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. This paper, which was delivered at Hofstra Law School as the Lichtenstein Distinguished Professor of Legal Ethics Lecture in October, 2010, explores the history of how legal ethics came to be lawyer-centered and what it would mean to ground a fundamentally client-centered conception of lawyers' duties in moral, political and jurisprudential theory.

Keywords: legal ethics, professional responsibility, zealous advocacy, monroe freedman, client-centered representation

Suggested Citation

Kruse, Kate, Engaged Client-Centered Representation and the Moral Foundations of the Lawyer-Client Relationship. Hofstra Law Review, Vol. 39, No. 3, p. 577, Spring 2011, UNLV William S. Boyd School of Law Legal Studies Research Paper Series, Available at SSRN: https://ssrn.com/abstract=1956899

Kate Kruse (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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