Ethics in Business & Professions Final Exam
CU22: Ethics and Law (CU22)
Adversary system- lawyers are caught between being an officer of the court an advocate
for their clients
Taylor: Adversary System Results in an Ethical Jungle
o In this system, lawyers attempt to win instead of arrive at the truth
o Lawyers try and keep out reliable evidence
o Confidentiality of the lawyer-client relationship takes precedence. Client
confidentiality is at the heart of the ethical difficulties in this system
o Is a trial rational or irrational process?
o Legal system should not put lawyers in the position of continuing to seek the
acquittal of guilty clients
Monroe: 3 ethical dilemmas of betraying the confidence of the client or purposefully
deceiving the court
o 1) Is it proper to make a witness to appear to be lying when you know his testimony
is truthful and accurate?
o 2) Is it proper to puta witness on the stand when you know he will commit perjury?
o 3) Is it okay to give client legal advice when you have reason to believe the
knowledge you give him tempt him to commit perjury?
Cohen: Pure Legal Advocated and Moral Agents
o A morally good person is:
3) Has moral courage
4) Has good monetary habits
5) Is benevolent
6) Is trustworthy
7) Is disposed to do his moral thinking
o Pure legal advocate offends against each of those 7 criteria; thus, a different
conception of lawyer is called for, and
“there is a further concept of a lawyer which, while not abandoning the
adversarial approach, serves to avoid much of the disutility” of the pure legal