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Article
Lawyers' Duty to Do Justice: A New Look at the History of the 1908 Canons
Articles in Law Reviews & Other Academic Journals
  • Susan Carle, American University Washington College of Law
Document Type
Article
Publication Date
1999
Abstract

This article examines a long-forgotten controversy about lawyers' duties to evaluate the justice of their clients' causes in civil cases, which took place among the members of the Committee of the American Bar Association that drafted the 1908 Canons of Professional Responsibility. The article presents an analysis of newly discovered internal working documents of this important, but never before examined, ABA Committee, supplemented with primary historical research into the views and backgrounds of the Committee's members. The article demonstrates how a clash of perspectives among these men -- traceable in part to their backgrounds but also to their unpredictable allegiances to conflicting trends in legal thought at the turn of the century -- prevented the Committee from reaching a satisfactory resolution on the duty-to-do-justice issue. The Committee members instead adopted ineffectual compromise language in the Canons, leaving us with legacy of concealed ambivalence on the question of lawyers' "duty to do justice" in civil cases.

Citation Information
Carle, Susan D., "Lawyers' Duty to Do Justice: A New Look at the History of the 1908 Canons." Law & Social Inquiry, Vol. 24, (1999): 1-44.