Stephen Galoob (University of California, Berkeley - Jurisprudence and Social Policy Program) & Su Li (University of California, Berkely - Center for the Study of Law and Society) have posted Are Legal Ethics Ethical? - A Survey Experiment on SSRN. Here is the abstract:
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The relationship between ordinary morality and professional rules of conduct lies at the core of legal ethics. Do these two schema diverge? Is the lawyer's role morally distinctive? Do professional norms determine what the lawyer has most reason to do? Assumptions and conjectures about these questions underpin nearly all debates about legal ethics. This Article provides the first systematic, empirical examination of these questions. We find that legal ethics rules about advocacy and confidentiality diverge from lay moral judgments; that lay moral judgments do not generally assign distinctive significance to the lawyer?s role; and that norms of professional conduct influence (but do not fully determine) lay judgments about the moral status of a lawyer?s actions. We discuss some theoretical and policy implications of these findings.
Very interesting & recommended.
Source: http://lsolum.typepad.com/legaltheory/2012/08/galoob-li-on-legal-ethics-ordinary-morality.html
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