Article
Taking Ethical Discretion Seriously: Ethical Deliberation as Ethical Obligation
37 Ind. L. Rev. 21
Document Type
Article
Publication Date
1-1-2003
Disciplines
Abstract
This Article builds on and responds to the work of a number of leading ethics scholars who have offered alternatives to the prevailing model of legal ethics. Specifically, the Article proposes a "Deliberative Model," which posits that the lawyer's professional responsibility carries with it a duty on the individual lawyer to exercise discretion through consideration of the relevant ethical issues. Thus, the Article takes seriously the principle of ethical discretion, respecting the role of individual ethical decision-making but requiring that such decision-making be carried out through a justifiable process of ethical deliberation.
Citation Information
37 Ind. L. Rev. 21 (2003)
Reprinted with permission of Indiana Law Review.