A Critique of Philosophizing About Lawyers' Ethics

Monroe H. Freedman, Maurice A. Deane School of Law at Hofstra University

Abstract

Philosophical theorizing about lawyers' ethics is too often irrelevant to the real-life concerns of lawyers, omitting reference to relevant legal authorities and to facts that are essential to moral analysis. Rules of lawyers' ethics are in serious need of reform from a moral perspective, and more practical moral criticism is badly needed. Philosophical ethicists should put their moral sensitivity and keen intellects to use to bring about much needed improvement in the ethics and practice of lawyers and judges.