Ethics and the Law of Contract Juxtaposed: A Jaundiced View of Professional Responsibility Considerations in the Attorney-Client Relationship

56 Pages Posted: 27 Jan 2016 Last revised: 9 Feb 2016

See all articles by Roy Anderson

Roy Anderson

Southern Methodist University - Dedman School of Law

Walter W. Steele

Southern Methodist University - Dedman School of Law

Date Written: 1991

Abstract

In their professional dealings, attorneys perform a wide variety of societal roles. Whether acting as counselor, mediator, litigator, negotiator, or fiduciary and guardian of their clients' interests, attorneys are set on a pedestal, apart from all other professionals. They are subject to distinctive guidelines and rules, not only with respect to representing their clients' interests, but often with regard to separate or tangentially related commercial transactions with those clients. Usually these guidelines and rules are far more restrictive than those to which other professions or even other kinds of fiduciaries are subject. This article explores the professional responsibility required of attorneys in their commercial relations as compared with the professional expectations demanded of other professions and fiduciaries. We find that the expectations for attorneys are continually said to be much higher than for other professionals, and we question whether those expectations are warranted.

Suggested Citation

Anderson, Roy and Steele, Walter W., Ethics and the Law of Contract Juxtaposed: A Jaundiced View of Professional Responsibility Considerations in the Attorney-Client Relationship (1991). Georgetown Journal of Legal Ethics, Vol. 4, No. 4, 1991, Available at SSRN: https://ssrn.com/abstract=2722705

Roy Anderson (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

Walter W. Steele

Southern Methodist University - Dedman School of Law

P.O. Box 750116
Dallas, TX 75275
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
31
Abstract Views
371
PlumX Metrics