The Evolving Complexity of Dispute Resolution Ethics
27 Pages Posted: 10 Oct 2017
Date Written: September 28, 2017
This Essay argues that conventional conceptions of the lawyer’s role as an advocate for a client with the purpose of maximizing client gain have resulted in a code of ethics and body of law that enshrines adversarial ethics as a normative matter. Adversarial ethics are inadequate for many lawyer roles, including those of mediator, arbitrator, advisor, and facilitator, and they distort the other roles lawyers might play when they conduct themselves as problem-solving professionals. This Essay reviews the developments (and lack of appropriate developments) in the evolving ethical issues presented by these other lawyers’ roles and suggests that trans-substantive adversarial assumptions in lawyers’ work should be reconsidered, with more context-based ethical principles and practices.
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