Chapter 8-2

• Review

Moral Questions

8-11

• Which of the following statements is true?

• A. The Rules prohibit morally responsible lawyering.• B. The Rules require morally responsible lawyering.• C. The Rules permit a lawyer's discretion to be• morally responsible in deciding whether to represent a

client, counsel a client, and deciding whether to withdraw from representing a client.

8-12

• Which of the following statements is true?

A.Both David Luban and William Simon urge lawyers to bring extralegal morality into their work.

B. Neither David Luban nor William Simon urge lawyers to bring extralegal morality into their work.

C. David Luban urges lawyers to bring extralegal morality into theirwork.

D. William Simon urges lawyers to bring extralegal morality into their work.

8-13

• Which author expressly suggests that evading the spirit of • the law might be more appropriate in representing a low• Income person than a wealthy corporation?

A. David Luban

B. William Simon

C. Both David Luban and William Simon

D. Neither David Luban nor William Simon

• In the the following exercise, apply the moral responsibility approaches of Luban and Simon, and consider whether and how they differ in any way from each other and from the approach of the neutral partisan.

• 1. A law firm executive committee is deciding whether to represent:

• (a) an alleged perpetrator of the 9/11 attack; • (b) a Swiss bank accused of hiding accounts from

holocaust survivors.

• In the the following exercise, apply the moral responsibility approaches of Luban and Simon, and consider whether and how they differ in any way from each other and from the approach of the neutral partisan.

• 2. You are a lawyer or law firm specializing in ethics issues. Frank Armani, David Garrow’s lawyer, consults you about whether to disclose the buried bodies. For an approximately 25 minute segment on the case, see T_h_e_ _C_r_i_m_i_n_a_l_ _D_e_f_e_n_s_e_ _L_a_w_y_e_r_,_ _a 1986 episode of the public television program Ethics on Trial.

8-14

• Which of the following is true?

• A. Catherine MacKinnon and Carrie Menkel Meadow define a feminist lawyer as primarily a supporter of women's causes.

• B. Catherine MacKinnon defines a feminist lawyer as primarily a supporter of women's causes

• C. Carrie Menkel Meadow defines a feminist lawyer as primarily a supporter of women's causes

• D. Neither Catherine MacKinnon nor Carrie Menkel Meadow define a feminist lawyer as primarily a supporter of women’s causes

8-15

• Carrie Menkel-Meadow's approach to feminist lawyering relies

• primarily upon:

• A. women's rights

• B. women's support for individualism

• C. women's understanding of relationships

• D. women's superiority to men

• Heinz Dilemma: Jake and Amy

8-16

• Under Menkel Meadow's approach, a man could be a

feminist lawyer.

• True• False

Carol Gilligan

8-17

• Menkel Meadow suggests that feminist lawyering has implications • for:

• the lawyer client relationship

• ethics rules

• the legal workplace

• all of the above

• 1. You are representing the defendants in the Spaulding v. Zimmerman case described in Chapter 4. Given your knowledge that Spaulding both suffered from an aneurysm and was not aware of that aneurysm, how would you as a feminist lawyer behave differently than the defendants’ actual lawyers?

• 2. Carrie Menkel-Meadow suggests that feminist lawyering could require rethinking ethical rules. You are a member of a committee of your state bar considering revisions of the ethics rules. Identify the Rules that would change under a feminist lawyering perspective. Provide one or more proposals for a rules change derived from a feminist lawyering perspective.

8-18

• According to Professor Sanford Levinson, the • dominant understanding of professionalism • requires a lawyer to "bleach out" all

personal characteristics, including religion, • morality, race, gender, and other forms of • identity.

• True

• False

8-19

• Under all of Professor Allegretti's models, a • Christian lawyer must bring her religious • values into her work as a lawyer.

• True

• False

8-20

• In her work at a large law firm, Professor Azizah al Hibri found which area of practice most consistent with her values as a Muslim?

• Litigation

• Corporate transactions

• Securities Regulation

• Trust and Estates

8-21• According to Professor Russell Pearce, all the streams of Judaism:

• agree that a Jew must bring her religion into her work.

• agree that a Jew must bring her religion into her work but only to the extent of observing Jewish holidays.

• reject the notion that a Jew must bring her religion into her work.

• take different positions with regard to the basic principle that a • Jew must bring her religion into her work.

8-22

• Professor Robert Vischer identifies the following as • irrefutable objections to religious lawyering (hint: answer is

not below):

• the threat to client autonomy

• the threat to publicly accessible norms

• the threat of illiberal communities

• All of the above

• The Bar Association Ethics Committee has been asked to consider whether and when Rule 1.7 requires a lawyer who chooses the religious lawyering perspective to disclose her perspective to her client. What should it decide?

• Lincoln & Center’s executive committee is considering whether to adopt a mandatory pro bono policy for the firm’s lawyers. At least one member of the committee has adopted one of the religious lawyering perspectives described above and at least one has adopted the neutral partisan perspective. What considerations would they raise regarding the issue? How would their views differ on the policy question, if at all?