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.
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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 |
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