Canceling Lawyers
Case Studies of Accountability, Toleration, and Regret
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Product details:
- Publisher OUP USA
- Date of Publication 24 April 2025
- ISBN 9780197673423
- Binding Hardback
- No. of pages304 pages
- Size 229x150x33 mm
- Weight 544 g
- Language English 615
Categories
Short description:
Lawyers who are criticized for representing unpopular clients - in today's political climate these may include firearms manufacturers, fossil fuel companies, and powerful men accused of sexual misconduct - explain that the long tradition of representing everyone is an essential ingredient in the defense of the rule of law. They may see contemporary episodes of criticism as the threat of mob rule. Like much of the controversy nowadays over ?cancel culture,? the two sides seem to be talking past each other. This book explains that both sides are onto something. The rule of law is a valuable political ideal but lawyers are people too, and others care about the attitudes and motivations that underlie the representation of controversial clients.
MoreLong description:
Lawyers take pride in a professional tradition of representing unpopular clients, understanding it as a contribution to the rule of law and the practice of toleration in a polarized society. This does not mean that lawyers are fully insulated from criticism for the clients they represent. The seemingly intractable debate over accountability for representing nasty clients is in part the result of a deep, structural tension between the institutions and procedures of the legal system, and the underlying issues and controversies about which people disagree. We also care about the attitudes and motives of lawyers, which play an important role in evaluating the actions of others. Much of the frustration experienced by lawyers who are criticized for representing unpopular clients arises from what lawyers see as the public's inability to understand the rule of law and the function of the legal system in resolving conflicts over rights and justice. Using a series of case studies, this book explores the possibility that both lawyers and their critics are right. There is genuine value in a system of formal law that aims at settling social disagreement, but that is not the whole story. Public criticism of lawyers may reflect the sense that the legal system has fallen short of ideals of fairness and inclusiveness. Many of the lawyer shaming or ?canceling? episodes discussed in this book arise out of the representation of clients in matters involving issues where it appears that the official process of establishing and interpreting formal law has been captured by powerful interests. Accepting a certain amount of public criticism is necessary to avoid a dangerous isolation of the legal profession from accountability to the broader political community, or from the humanity of lawyers being submerged by their professional role.
Canceling Lawyers explores the ethics of blame and its complex relationship to the rule of law. The independence of the judiciary is a fundamental component of the rule of law and, in democratic states, politicians tend to avoid personal attacks on judges when decisions do not go their way.
Table of Contents:
Preface
1. Swiss Banks and Nazi Gold
Crisis at Cravath
Against nonaccountability
The justification of John Adams
The Freedman-Tigar debate
?Ethics rules? and client choice . for American lawyers
Contested meanings
2. Morality and Relationships: Accountability and Reactive Attitudes
Morality beyond duties and rights
Reactive attitudes
Reactive attitudes and reasonable expectations
Reactive attitudes and the scope of the moral community
3. Harvey Weinstein, Ronald Sullivan, and Harvard University
Joining Weinstein's dream team
Answering ?the Question?
Making clients radioactive
4. Blame, the Meaning of Actions, and the Ethics of Blame
Blameworthiness vs. wrongness
What do you mean by that?
The ethics of blaming
How wide is the circle of blame?
What standards apply to determine blameworthiness and appropriate blaming responses?
Toleration
Don't feed the trolls
5. Boycotts of Law Firms and the Ethics of Informal Social Sanctions
The ?obsequious servants of business??
Down with Big Oil
Reasonable disagreement and the role of the legal system
Formal and informal power
6. The Challenge of Role Morality
The persistence of the personal
Three mistakes about professional roles
Mistake
1: Too much weight on the duties of the role
Mistake
2: Too little appreciation for the significance of the role
Mistake
3: Excluding personal identity altogether
Roles and professional ethics
Are roles exclusionary or just very weighty?
7. McCarthyism or Legitimate Criticism? Canceling Government Lawyers
From the Trump administration back to polite society?
Blame and the Big Lie
Whose side are you on? The ?Department of Jihad?
Fidelity to law and abusive legal advice
8. Regret and Moral Costs
Excruciating cases
How moral remainders arise (and what to do with them)
Conclusions
