Question 8-1 (p. 796) The dominant conception of the lawyer's role: o rejects role morality. o endorses moral accountability. o endorses moral nonaccountability

Question 8-1 (p. 796)

The dominant conception of the lawyer's role:o rejects role morality.o endorses moral accountability.o endorses moral nonaccountability.o views a lawyer primarily as an officer of the court.


Role morality requires lawyers to take actions that are immoral under ordinary morality.

o Trueo False


Which of the following is NOT a justification for the hired gun role?o The adversary system.o The traditional understanding of professionalismo Client autonomy.o Democracy and access to law.


The Preambles to the Canons and the Code emphasize the lawyer's responsibilities to his or her client.

o Trueo False


The original understanding of the lawyer's role in the United States was that of the European guild.

o Trueo False


The Rules:o require lawyers to be amoral partisans.o prohibit lawyers from being amoral partisans.o permit lawyers discretion to choose whether to be

morally responsible or an amoral partisan.


The Tennessee ethics opinion advises a lawyer opposed to abortion that his ethical obligations require him, in representing a minor seeking judicial consent for an abortion:

o to suggest that she consider talking to her parents.o to suggest that she consider alternatives to abortion.o to suggest that she consider the moral pros and cons

of her decisiono none of the above.


The Tennessee ethics opinion is consistent with Rule 2.1.o Trueo False


The Legal Profession as a Blue State reading argues that the ascendance of the hired gun approach and the decline oflawyers' commitment to the public good results from:

o increasing business-like behavior by lawyerso law schools' disdain of law practice and legal ethics.o the trend toward greater emphasis on individualism.o the increasing diversity of the legal profession.


The adversary system approach to justice resembles market theory in that it:

o rejects moral relativism.o distributes justice equally.o always favors the wealthy.o assumes that facilitating the pursuit of individual self-

interest is best for society


Which of the following statements is true?o The Rules prohibit morally responsible lawyeringo The Rules require morally responsible lawyeringo The Rules permit a lawyer's discretion to be morally

responsible in deciding whether to represent a client, counsel a client,

o and deciding whether to withdraw from representing a client.


Which of the following statements is true?o Both David Luban and William Simon urge lawyers to

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

bring extralegal morality into their work.o David Luban urges lawyers to bring extralegal morality into

their work.o William Simon urges lawyers to bring extralegal morality

into their work.


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

o David Lubano William Simono Both David Luban and William Simono Neither David Luban nor William Simon


Which of the following is true?o Catherine MacKinnon and Carrie Menkel-Meadow define a

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

primarily a supporter of women's causeso Carrie Menkel-Meadow defines a feminist lawyer as

primarily a supporter of women's causeso Neither Catherine MacKinnon nor Carrie Menkel-Meadow

define a feminist lawyer as primarily a supporter of women's causes


Carrie Menkel-Meadow's approach to feminist lawyering relies primarily upon:

o women's rightso women's support for individualismo women's understanding of relationshipso women's superiority to men


Under Menkel-Meadow's approach, a man could be a feminist lawyer.

o Trueo False


Menkel-Meadow suggests that feminist lawyering has implications for:

o the lawyer-client relationshipo ethics ruleso the legal workplaceo all of the above


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.

o Trueo False


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

o Trueo False


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

o Litigationo Corporate transactionso Securities Regulationo Trust and Estates


According to Professor Russell Pearce, all the streams of Judaism:o agree that a Jew must bring her religion into her work.o agree that a Jew must bring her religion into her work but

only to the extent of observing Jewish holidays.o reject the notion that a Jew must bring her religion into her

work.o take different positions with regard to the basic principle

that a Jew must bring her religion into her work.


Professor Robert Vischer identifies the following as irrefutable objections to religious lawyering:

o the threat to client autonomyo the threat to publicly accessible normso the threat of illiberal communitieso All of the above


Anthony Griffin argues that:o as an African-American he had an obligation to represent

the Klan.o as an African-American he had an obligation to refuse to

represent the Klan.o his being African-American was irrelevant to his decision to

represent the Klan.


According to David Wilkins, African-American lawyers:o should place their professional obligations above their

racial obligation.o should place their racial obligation above their professional

obligation.o should reconcile their professional and racial obligations.o have no legitimate racial obligation.


David Wilkins argues that in the O.J. Simpson trial:o Johnnie Cochran appropriately navigated racial and

professional obligations.o Christopher Darden appropriately navigated racial and

professional obligations.o Both Cochran and Darden appropriately navigated racial

and professional obligations.o Neither Cochran nor Darden appropriately navigated racial

and professional obligations.


David Wilkins concludes that Robert Johnson managed his opposition to the death penalty:

o more appropriately than Robert Morgenthau.o just as appropriately as Robert Morgenthauo less appropriately than Robert Morgenthau.


In the 1960s, Erwin Smigel found that big firm lawyers viewed their role as closer to that of the:

o Civics teachero Hired gun


Proponents of the lawyer as civics teacher argue that lawyers are properly civics teachers because they are necessarily morevirtuous than non-lawyers.

o Yeso No


Proponents argue that lawyers are civics teachers:o because descriptively they serve that functiono because normatively they should serve that functiono both A and Bo neither A nor B


A lawyer acting as civics teacher would always:o spy on her client for the governmento be a hired gun because the system requires ito explain the spirit of the law as well as the lettero impose her values on the client


Both perspectives on the lawyer as civic teacher require moral counseling.

o Trueo False


If clients generally shared the view of Ben W. Heineman, Jr., former Senior Vice-President for Law and Public Affairs forGeneral Electric, they would:

o object to the lawyer as civics teachero welcome the lawyer as civics teachero be indifferent to the lawyer as civics teacher


If I had to choose one perspective for my role as lawyer, I would choose:

o hired guno moral advocateo feminist lawyero racial justice lawyero religious lawyero civics teacher

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Question 8-1 (p. 796) The dominant conception of the lawyer's role: o rejects role morality. o endorses moral accountability. o endorses moral nonaccountability