UCL Discovery
UCL home » Library Services » Electronic resources » UCL Discovery

False Friends? Testing Commercial lawyers on the claim that Zealous Advocacy is founded in Benevolence towards Clients rather than Lawyers Personal Interest

Moorhead, R; Cahill-O'Callaghan, R; (2016) False Friends? Testing Commercial lawyers on the claim that Zealous Advocacy is founded in Benevolence towards Clients rather than Lawyers Personal Interest. Legal Ethics , 19 (1) pp. 30-49. 10.1080/1460728x.2016.1186453. Green open access

[img]
Preview
Text
Moorhead and Cahill OCallaghan False Friends Testing Commercial lawyers on the claim that Zealous Advocacy is founded in Benevolence towards Clients rather than Lawyers Personal Interest AAM.pdf

Download (601kB) | Preview

Abstract

Commercial lawyers often signal that ‘client first’ is an essential element of their DNA, and some scholarly proponents have laid claim to a moral justification for zeal. That moral justification is found, in particular, in the notion of lawyers as friends. One critique of zeal is that this moral claim is bogus: that ‘client-first’ is a convenient trope for disguised self-interest. This paper explores the empirical validity of this ‘client-first’ ideal through a value-based analysis of zeal in lawyering. Our data suggest plausible differences in ethical decision-making related to those values. The data is consistent with more zealous lawyers having stronger self-interested rather than client-interested motivations. More zealous lawyers are also less constrained by valuing conformity to rules. If our results are valid, they suggest that the claim that zeal is motivated by placing a high value on the interests of the client is false.

Type: Article
Title: False Friends? Testing Commercial lawyers on the claim that Zealous Advocacy is founded in Benevolence towards Clients rather than Lawyers Personal Interest
Location: UK
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/1460728x.2016.1186453
Publisher version: http://dx.doi.org/10.1080/1460728x.2016.1186453
Language: English
Additional information: Special Issue: Corporate Lawyers and Corporate Clients. Copyright © 2016 Informa UK Limited, trading as Taylor & Francis Group. This is an Accepted Manuscript of an article published by Taylor & Francis in Legal Ethics on 11 July 2016, available online: http://www.tandfonline.com/10.1080/1460728x.2016.1186453
Keywords: zealous advocacy, standard conception, values, commercial lawyers
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1485891
Downloads since deposit
534Downloads
Download activity - last month
Download activity - last 12 months
Downloads by country - last 12 months

Archive Staff Only

View Item View Item