April 2010 Vol. 108 No. 6 THE REVIEW

Misunderstanding Lawyers' Ethics

Monroe H. Freedman & Abbe Smith

A Modern Legal Ethics: Adversary Ethics in a Democratic Age. By Daniel Markovits. New Jersey: Princeton University Press. 2008. Pp. xii, 361. $29.95.

The authors argue that Daniel Markovits's recently published book, A Modern Legal Ethics, fundamentally misunderstands what lawyers do on behalf of clients in an adversary system, and how lawyers feel about it.  Freedman and Smith argue that not only is Markovits mistaken about the widespread unhappiness of lawyers, he is also misguided in pointing to "lying" and "cheating" as the source of unhappiness and "guilt."  Moreover, the authors argue that Markovits's proposed "ethic" for rescuing the legal profession is superficial wordplay-ironically derivative of the adversarial advocacy he condemns.

   //  VIEW PDF
& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
MAILING LIST
Sign Up to Join Our Mailing List