2007 ORIENTATION2007 ORIENTATION

LEGAL ETHICS AND LEGAL ETHICS AND PROFESSIONALISMPROFESSIONALISM

(Professor David M. Tanovich)(Professor David M. Tanovich)

Why Think About Ethics and Why Think About Ethics and Professionalism?Professionalism?

Philosophical PerspectivePhilosophical Perspective Simon’s lamentSimon’s lament

““No social role encourages such ambitious No social role encourages such ambitious moral aspirations as the lawyer’s, and no moral aspirations as the lawyer’s, and no social role so consistently disappoints the social role so consistently disappoints the aspirations it encourages.”aspirations it encourages.”

What kind of a lawyer do I want to be? What kind of a lawyer do I want to be? What is my role as a lawyer?What is my role as a lawyer?

If I am a facilitator of justice as the legal If I am a facilitator of justice as the legal profession demands that I be, what is profession demands that I be, what is justice? Justice for whom?justice? Justice for whom?

Contextual thinkingContextual thinking

Empowerment for social justice lawyeringEmpowerment for social justice lawyering

Realities of PracticeRealities of Practice Inevitable tensions will arise in a Inevitable tensions will arise in a

profession where there are conflicting profession where there are conflicting dutiesduties

Duty to clientDuty to client Duty to the publicDuty to the public Duty to other lawyersDuty to other lawyers Duty to the professionDuty to the profession Duty to selfDuty to self

““Because I Don’t Want To Be Because I Don’t Want To Be Disbarred!”Disbarred!” Lawyers are bound by the Rules of Lawyers are bound by the Rules of

Professional Conduct and subject to Professional Conduct and subject to discipline by the Law Society of Upper discipline by the Law Society of Upper CanadaCanada

Rule 6.11(1)Rule 6.11(1) A lawyer is subject to the disciplinary authority A lawyer is subject to the disciplinary authority

of the Society regardless of where the lawyer’s of the Society regardless of where the lawyer’s conduct occursconduct occurs

6.11(2) (Professional Misconduct)6.11(2) (Professional Misconduct) The Society may discipline a lawyer for The Society may discipline a lawyer for

professional misconduct.professional misconduct. 6.11(3) (Conduct Unbecoming a Lawyer)6.11(3) (Conduct Unbecoming a Lawyer)

The Society may discipline a lawyer for The Society may discipline a lawyer for conduct unbecoming a lawyer.conduct unbecoming a lawyer.

Professional Misconduct (Rule 1.02)Professional Misconduct (Rule 1.02) Conduct in a lawyer’s professional Conduct in a lawyer’s professional

capacity that tends to bring discredit capacity that tends to bring discredit upon the professionupon the profession

Breaching the RulesBreaching the Rules Misappropriation of trust fundsMisappropriation of trust funds Conduct that is prejudicial to the Conduct that is prejudicial to the

administration of justiceadministration of justice

Conduct Unbecoming (Rule 1.02)Conduct Unbecoming (Rule 1.02) Conduct in a lawyer’s personal or Conduct in a lawyer’s personal or

private capacity that tends to bring private capacity that tends to bring discredit upon the legal professiondiscredit upon the legal profession

Criminal conduct that reflects on a lawyer’s Criminal conduct that reflects on a lawyer’s honesty or fitness as a lawyerhonesty or fitness as a lawyer

ExploitationExploitation Dishonest conductDishonest conduct

Public Demands ItPublic Demands It Concern over ethical standards with Concern over ethical standards with

high-profile cases like Ken Murray and high-profile cases like Ken Murray and most recently Conrad Black’s lawyersmost recently Conrad Black’s lawyers

Questions To PonderQuestions To Ponder

Do law schools pay enough Do law schools pay enough attention to ethics?attention to ethics? Mandatory class (6 law schools in Mandatory class (6 law schools in

Canada)Canada) First year or upper yearFirst year or upper year

Pervasive teachingPervasive teaching Is there the commitment from faculty?Is there the commitment from faculty?

Can ethics be taught?Can ethics be taught? Ethics as morality (am I a good person?)Ethics as morality (am I a good person?) Ethics as role morality (am I pursuing Ethics as role morality (am I pursuing

justice?)justice?) Ethics as rules (am I following the Ethics as rules (am I following the

rules?)rules?)

Will peer pressure and the Will peer pressure and the economic realities of practice economic realities of practice inevitably trump ethical inevitably trump ethical conduct?conduct? If yes, how do we address this?If yes, how do we address this?

Who should decide the ethical Who should decide the ethical standards of the profession?standards of the profession? Benchers (elected by lawyers to govern Benchers (elected by lawyers to govern

the Law Society of Upper Canada)the Law Society of Upper Canada) JudgesJudges PoliticiansPoliticians

Who should regulate the conduct Who should regulate the conduct of lawyers?of lawyers? Law Society (Canada)Law Society (Canada) Courts (United States)Courts (United States) Independent Body (England and New Independent Body (England and New

Zealand)Zealand) GovernmentGovernment

The Meaning of The Meaning of ProfessionalismProfessionalism

Chief Justice of Ontario Advisory Committee on Chief Justice of Ontario Advisory Committee on Professionalism “Elements of Professionalism” Professionalism “Elements of Professionalism” (2001)(2001) ScholarshipScholarship IntegrityIntegrity HonourHonour LeadershipLeadership IndependenceIndependence PridePride Spirit and EnthusiasmSpirit and Enthusiasm Civility and CollegialityCivility and Collegiality Service to the Public GoodService to the Public Good Balanced CommercialismBalanced Commercialism

A Professionalism Crisis?A Professionalism Crisis?

What are some of the problems What are some of the problems with the profession?with the profession?

Systemic BiasesSystemic Biases Entrance to law schoolEntrance to law school Choice of area of practiceChoice of area of practice MobilityMobility

2006 data of BAC students2006 data of BAC students 55.8% female55.8% female 19% racialized19% racialized 1.5% Aboriginal1.5% Aboriginal

Barriers to JusticeBarriers to Justice CostCost TimeTime Cultural competence of lawyersCultural competence of lawyers

Corporatization of Legal PracticeCorporatization of Legal Practice

Disciplinary EnforcementDisciplinary Enforcement

Public PerceptionPublic Perception Macleans Article – “Lawyers Are Rats”Macleans Article – “Lawyers Are Rats”

Why did the profession react so strongly?Why did the profession react so strongly?

Legal Ethics: The Legal Ethics: The TensionsTensions

What two ethical What two ethical issues arose on the issues arose on the facts of The facts of The Practice episode?Practice episode?

The Ethical IssuesThe Ethical Issues

Whether the defendant’s lawyers Whether the defendant’s lawyers should disclose the potentially fatal should disclose the potentially fatal medical condition of the plaintiff to the medical condition of the plaintiff to the plaintiff against the client’s plaintiff against the client’s instructions?instructions?

Whether Eugene should report Jimmy’s Whether Eugene should report Jimmy’s breach of the Rules to the Bar?breach of the Rules to the Bar?

Issue#1: Disclosure Of Issue#1: Disclosure Of Medical ConditionMedical Condition

Episode is based on one of the most Episode is based on one of the most famous ethics cases: famous ethics cases: Spaulding v. Spaulding v. ZimmermanZimmerman, 116 N.W.2d 704 (Minn. , 116 N.W.2d 704 (Minn. S.C., 1962)S.C., 1962)

What are the competing professional What are the competing professional duties involved in whether the duties involved in whether the medical condition should have been medical condition should have been disclosed?disclosed?

Duty to the client (confidentiality)Duty to the client (confidentiality) What is the scope of a lawyer’s duty of What is the scope of a lawyer’s duty of

confidentiality?confidentiality? What is the difference between confidentiality What is the difference between confidentiality

and privilege?and privilege? Important to distinguish between client’s Important to distinguish between client’s

interests and legal rightsinterests and legal rights Duty to the court (candor)Duty to the court (candor) Duty to the public (public safety)Duty to the public (public safety)

Issue #2: WhistleblowingIssue #2: Whistleblowing

What are the relevant professional What are the relevant professional duties governing Eugene’s decision duties governing Eugene’s decision whether to report Jimmy?whether to report Jimmy?

Duty to the professionDuty to the profession

Duty to the firmDuty to the firm

Sources of Ethical Sources of Ethical ReflectionReflection

Where might you turn to resolve Where might you turn to resolve these competing duties and decide these competing duties and decide how to act?how to act?

Personal MoralityPersonal Morality Rules of Professional ConductRules of Professional Conduct Role MoralityRole Morality

Personal/Common MoralityPersonal/Common Morality JimmyJimmy What is the “right” thing to do?What is the “right” thing to do? What are some of the problems with What are some of the problems with

relying on personal morality to resolve relying on personal morality to resolve ethical issues?ethical issues?

Ontario Rules of Professional Ontario Rules of Professional Conduct (LSUC)Conduct (LSUC) Professional ConsensusProfessional Consensus Formal Justice --- EugeneFormal Justice --- Eugene Anarchy --- Bar RulingAnarchy --- Bar Ruling

Ontario Ontario Rules of Professional Rules of Professional ResponsibilityResponsibility (first published in (first published in 1964) (CBA Code published in 1920)1964) (CBA Code published in 1920)

Rule 1.03(1)(d)Rule 1.03(1)(d) ““The rules are intended to express to the profession The rules are intended to express to the profession

and to the public the high ethical ideals of the legal and to the public the high ethical ideals of the legal profession.”profession.”

The set the minimum standards of The set the minimum standards of conduct for lawyering in the provinceconduct for lawyering in the province

““The governing body enacts rules of The governing body enacts rules of professional conduct on behalf of those it professional conduct on behalf of those it represents. These rules must be taken as represents. These rules must be taken as expressing the collective views of the expressing the collective views of the profession as to the appropriate standards profession as to the appropriate standards to which the profession should adhere.” to which the profession should adhere.” [[MacDonald Estate v. MartinMacDonald Estate v. Martin (1990), 77 (1990), 77 D.L.R. (4D.L.R. (4thth) 249 at 256 (S.C.C.) (Sopinka J.)]) 249 at 256 (S.C.C.) (Sopinka J.)]

These standards can be enforced These standards can be enforced through disciplinary proceedings [see through disciplinary proceedings [see Rule 1.03(1)(e) which states that Rule 1.03(1)(e) which states that “the rules are intended to specify the “the rules are intended to specify the bases on which lawyers may be bases on which lawyers may be disciplined”]disciplined”]

Or costs, including personal costs Or costs, including personal costs

The Rules are not intended to be The Rules are not intended to be exhaustive exhaustive Rule 1.03(f)Rule 1.03(f)

Rules of professional conduct cannot Rules of professional conduct cannot address every situation, and a lawyer should address every situation, and a lawyer should observe the rules in the spirit as well as in observe the rules in the spirit as well as in the letter.the letter.

Establish rules governing the practice of law Establish rules governing the practice of law including:including:

Competence (Rule 2.01)Competence (Rule 2.01) Confidentiality (Rule 2.03)Confidentiality (Rule 2.03) Conflicts of Interest (Rules 2.04 and 2.05)Conflicts of Interest (Rules 2.04 and 2.05) Fees (Rule 2.08)Fees (Rule 2.08) Withdrawal (Rule 2.09)Withdrawal (Rule 2.09) Advertising (Rules 3.04 and 3.05)Advertising (Rules 3.04 and 3.05) Advocacy (Rule 4.01)Advocacy (Rule 4.01) Civility (Rules 4.01(6) and 6.03)Civility (Rules 4.01(6) and 6.03) Supervision of students, employees (Rules 5.01 and Supervision of students, employees (Rules 5.01 and

5.02)5.02) Sexual harassment (Rule 5.03)Sexual harassment (Rule 5.03) Discrimination (Rule 5.04)Discrimination (Rule 5.04) Duty to report breach of rules (Rule 6.03(3))Duty to report breach of rules (Rule 6.03(3))

Each rule has a set of commentaries Each rule has a set of commentaries which in some cases serve an which in some cases serve an explanatory function, in others, explanatory function, in others, impose additional dutiesimpose additional duties

Some rules are mandatory, discretionary Some rules are mandatory, discretionary while others exhortwhile others exhort

Rule 2.01(2) “A lawyer shall perform any legal Rule 2.01(2) “A lawyer shall perform any legal services on a client’s behalf to the standard of a services on a client’s behalf to the standard of a competent lawyer.”competent lawyer.”

Rule 2.03(3) “… the lawyer may disclose … Rule 2.03(3) “… the lawyer may disclose … confidential information where it is necessary to do confidential information where it is necessary to do so in order to prevent death or harm …”so in order to prevent death or harm …”

Rule 1.03(1)(c) “a lawyer has … a special Rule 1.03(1)(c) “a lawyer has … a special responsibility to recognize the diversity of the Ontario responsibility to recognize the diversity of the Ontario community, to protect the dignity of individuals, and community, to protect the dignity of individuals, and to respect human rights laws in force in Ontario.to respect human rights laws in force in Ontario.

Are law students bound by the Are law students bound by the Rules of Professional Conduct?Rules of Professional Conduct? ““Lawyer” defined in Rule 1.02 “a Lawyer” defined in Rule 1.02 “a

member of the Society and includes a member of the Society and includes a law student registered in the Society’s law student registered in the Society’s pre-call training program”pre-call training program”

However, there is the UofW Faculty of However, there is the UofW Faculty of Law, Policy Statement on Student Law, Policy Statement on Student Discipline Discipline

““The spirit and intent of the Code The spirit and intent of the Code which requires civility, candor, which requires civility, candor, honesty and adherence to sound honesty and adherence to sound moral principle shall be observed by moral principle shall be observed by all law students in their all law students in their personalpersonal and and academic behaviouracademic behaviour …” …”

Page 4 --- Code refers to Ontario Page 4 --- Code refers to Ontario Rules of Professional ConductRules of Professional Conduct

Dean Elman in “Creating a Culture of Dean Elman in “Creating a Culture of Professional Responsibility and Ethics: A Professional Responsibility and Ethics: A Leadership Role for Law Schools” (8Leadership Role for Law Schools” (8thth Colloquium on Professionalism, 2007)Colloquium on Professionalism, 2007) ““Indeed, this provision [Rules of PC apply to Indeed, this provision [Rules of PC apply to

students “engaged in activities analogous to the students “engaged in activities analogous to the practice of law such as mock trials and mooting”] practice of law such as mock trials and mooting”] has been interpreted very broadly over time to has been interpreted very broadly over time to include almost any student activity to which the include almost any student activity to which the Code of Professional ConductCode of Professional Conduct could be applied.” could be applied.”

In addition to integrity (e.g. cheating), our In addition to integrity (e.g. cheating), our disciplinary code requires our students to ensure disciplinary code requires our students to ensure that they act civilly and in a non-discriminatory that they act civilly and in a non-discriminatory fashion to one another and in their contacts with fashion to one another and in their contacts with third partiesthird parties For example, a private blog by a law student that posted For example, a private blog by a law student that posted

discriminatory jokes or comments would be a violation of discriminatory jokes or comments would be a violation of the Code the Code

Law School Disciplinary Code is arguably even Law School Disciplinary Code is arguably even broader in its application than Rules because they broader in its application than Rules because they do not make a distinction between public and do not make a distinction between public and private conduct private conduct

Law Society ActLaw Society Act, R.S.O. Chapter, L.8, R.S.O. Chapter, L.8 LicensingLicensing

Good character requirementGood character requirement

(2)  It is a requirement for the issuance (2)  It is a requirement for the issuance of every licence under this Act that of every licence under this Act that the applicant be of good character. the applicant be of good character. 2006, c. 21, Sched. C, s. 23 (1).2006, c. 21, Sched. C, s. 23 (1).

LSUC Good Character FormLSUC Good Character Form 12 questions12 questions Question #10Question #10

While attending a post-secondary institution, While attending a post-secondary institution, have allegations of misconduct ever been have allegations of misconduct ever been made against you, or, have you ever been made against you, or, have you ever been suspended, expelled or penalized by a post-suspended, expelled or penalized by a post-secondary institution for misconduct? secondary institution for misconduct? If yesIf yes, , attach written details of the allegation and attach written details of the allegation and suspension, expulsion and penalty imposed suspension, expulsion and penalty imposed on you to this application.on you to this application.

How prevalent is cheating in law school?How prevalent is cheating in law school? ““The Great University Cheating Scandal” (9 February The Great University Cheating Scandal” (9 February

2007) (Macleans Magazine)2007) (Macleans Magazine) More than 50% of university students admit having cheated More than 50% of university students admit having cheated

(University of Guelph study)(University of Guelph study) US study of graduate studentsUS study of graduate students

56% business students admitted cheating56% business students admitted cheating 54% engineering students54% engineering students

On-line survey (February 2006) (500 respondents) by On-line survey (February 2006) (500 respondents) by Lori Shaw, Dean of Students at Dayton School of Law Lori Shaw, Dean of Students at Dayton School of Law (Student Lawyer, ABA)(Student Lawyer, ABA)

2.3% of law students admitted cheating2.3% of law students admitted cheating 4/5 who witnessed an instance of cheating reported it4/5 who witnessed an instance of cheating reported it

2001 University of Toronto marks scandal2001 University of Toronto marks scandal 24 students were disciplined for falsifying 24 students were disciplined for falsifying

December grades to Bay Street (Toronto) firms December grades to Bay Street (Toronto) firms 17 were suspended for one year plus a notation 17 were suspended for one year plus a notation

on their recordon their record Cowan, “Atonement: When 24 Students at UofT’s Cowan, “Atonement: When 24 Students at UofT’s

Faculty of Law Lied About Their Grades to Land Summer Faculty of Law Lied About Their Grades to Land Summer Jobs, They Tarnished the School’s Reputation and Jobs, They Tarnished the School’s Reputation and Risked their Own Futures” (2002), 36 Risked their Own Futures” (2002), 36 Toronto LifeToronto Life 57 57

Why did so many first year students feel the Why did so many first year students feel the need to falsify their December grades to the Bay need to falsify their December grades to the Bay street firms? street firms?

One of the students who falsified his One of the students who falsified his grades commented:grades commented:

““The day I walked into orientation, I didn’t The day I walked into orientation, I didn’t even know what a Bay Street firm was … All even know what a Bay Street firm was … All of a sudden, orientation was full of T-shirts of a sudden, orientation was full of T-shirts and paraphernalia from the firms. People and paraphernalia from the firms. People were saying ‘You’ve got to get in with Torys were saying ‘You’ve got to get in with Torys or McCarthys!’ It was a whirlwind.”or McCarthys!’ It was a whirlwind.”

2004 Bar Admission Cheating Probe (LSUC)2004 Bar Admission Cheating Probe (LSUC) 13 articling students were investigated for allegedly 13 articling students were investigated for allegedly

sharing and copying work based on e-mail exchanges sharing and copying work based on e-mail exchanges sent to LSUC and admissionssent to LSUC and admissions

““Hey guys, here’s the motion.”Hey guys, here’s the motion.” ““Mine looks just like everyone else’s. think I should change Mine looks just like everyone else’s. think I should change

it more?”it more?” ““Make sure to make some cosmetic changes so that things Make sure to make some cosmetic changes so that things

do not seem similar.”do not seem similar.” Other students admitted collaborating but insisted that Other students admitted collaborating but insisted that

they did not know what they did was wrongthey did not know what they did was wrong Probe ended abruptly with no disclosure of the Probe ended abruptly with no disclosure of the

investigation or sanctionsinvestigation or sanctions Tyler, “Cheating Probe Ends Abruptly” Tyler, “Cheating Probe Ends Abruptly” Toronto StarToronto Star (16 July (16 July

2004)2004)

What steps need to be taken to root What steps need to be taken to root out cheating in law school?out cheating in law school? There seems to be some evidence of a There seems to be some evidence of a

relationship between cheating in relationship between cheating in professional school and practiceprofessional school and practice

2005 New England Journal of Medicine study 2005 New England Journal of Medicine study showed that doctors disciplined by medical showed that doctors disciplined by medical boards are three times more likely to have boards are three times more likely to have been singled out for unprofessional conduct been singled out for unprofessional conduct during medical schoolduring medical school

Harsher penalties and more consistent Harsher penalties and more consistent enforcementenforcement

Encourage reporting of incidentsEncourage reporting of incidents Changing law school culture of Changing law school culture of

competitioncompetition Instilling an ethic of professionalism Instilling an ethic of professionalism

from day one and in all law school from day one and in all law school activitiesactivities

What guidance do the Rules What guidance do the Rules provide to resolve the disclosure provide to resolve the disclosure of confidential information of confidential information issue?issue?

Rule 2.03 (Duty of confidentiality)Rule 2.03 (Duty of confidentiality) Rule 2.03(3) (Public Safety Exception)Rule 2.03(3) (Public Safety Exception)

Can you disclose medical condition under this Can you disclose medical condition under this exception?exception?

Public Safety Exceptions In Other ProvincesPublic Safety Exceptions In Other Provinces British Columbia (future crime exception)British Columbia (future crime exception) Smith v. JonesSmith v. Jones (1999), 132 C.C.C. (3d) 225 (SCC) (1999), 132 C.C.C. (3d) 225 (SCC)

(authorized by law)(authorized by law) What decision would you make if acting in these What decision would you make if acting in these

provinces?provinces?

Rule 4.01 (The Lawyer as Advocate)Rule 4.01 (The Lawyer as Advocate) Rule 4.01 (Commentary) sets out many Rule 4.01 (Commentary) sets out many

of the basic ethical obligations of of the basic ethical obligations of criminal lawyers. See also 4.01(2); criminal lawyers. See also 4.01(2); 4.01(3) (prosecutors); Rule 4.01(8) 4.01(3) (prosecutors); Rule 4.01(8) (guilty pleas)(guilty pleas)

Rule 4.01(1) (duty of candor)Rule 4.01(1) (duty of candor) Rule 4.02(e) (specific duty not to Rule 4.02(e) (specific duty not to

mislead the court)mislead the court)

What guidance do the rules What guidance do the rules provide with respect to the provide with respect to the whistleblowing issue?whistleblowing issue?

Rule 6.01 (Responsibility to the Rule 6.01 (Responsibility to the Profession) (integrity)Profession) (integrity)

Rule 6.01(3) (Duty to report Rule 6.01(3) (Duty to report misconduct)misconduct) Would Eugene have an ethical duty to Would Eugene have an ethical duty to

report Jimmy under this Rule?report Jimmy under this Rule?

What if Rules silent or there is a What if Rules silent or there is a discretion? Where do you go to fill in discretion? Where do you go to fill in the gap?the gap?

What if you, like Jimmy, are not What if you, like Jimmy, are not prepared to follow the Rules? Is prepared to follow the Rules? Is lawyer nullification ever ethical?lawyer nullification ever ethical?

Role MoralityRole Morality What is it?What is it?

“… “… set of norms, standards and values set of norms, standards and values that govern the conduct of individuals that govern the conduct of individuals when acting as lawyers. It is the when acting as lawyers. It is the profession’s ‘professional conscience.’”profession’s ‘professional conscience.’”

Where do these norms and Where do these norms and standards come from?standards come from? Expectations (what role should lawyers Expectations (what role should lawyers

play in our society)play in our society) Codes of conductCodes of conduct JurisprudenceJurisprudence

Reconstruction of role morality Reconstruction of role morality from the “hired gun” to a from the “hired gun” to a “facilitator of justice”“facilitator of justice” Evolution of the RulesEvolution of the Rules

Rule 2.03(3) (Public Safety Exception)Rule 2.03(3) (Public Safety Exception) Rule 5.04 (Non-Discrimination Rule)Rule 5.04 (Non-Discrimination Rule)

Applies to everyone the lawyer has contact withApplies to everyone the lawyer has contact with Substantive equalitySubstantive equality Duty to take reasonable stepsDuty to take reasonable steps

Speeches from the leading members of Speeches from the leading members of the bar and benchthe bar and bench

Jurisprudence --- cases like Jurisprudence --- cases like Smith v. Smith v. JonesJones (1999), 132 C.C.C. (3d) 225 (1999), 132 C.C.C. (3d) 225 (S.C.C.) and (S.C.C.) and R. v. LyttleR. v. Lyttle (2004), 180 (2004), 180 C.C.C. (3d) 476 (S.C.C.)C.C.C. (3d) 476 (S.C.C.)

What is justice?What is justice? FairnessFairness --- ensuring that your client and/or --- ensuring that your client and/or

the other party have the opportunity to obtain the other party have the opportunity to obtain what they are entitled to under the law what they are entitled to under the law properly interpreted --- protecting your client’s properly interpreted --- protecting your client’s legal rights legal rights

EqualityEquality --- ensuring that both parties and --- ensuring that both parties and those impacted by the litigation or dispute are those impacted by the litigation or dispute are treated in a non-discriminatory fashiontreated in a non-discriminatory fashion

ResponsibilityResponsibility --- harm reduction --- harm reduction

Minimum ethical obligations imposed Minimum ethical obligations imposed on lawyers by a justice-seeking ethic on lawyers by a justice-seeking ethic (pages 317-318 of Law’s Ambition)(pages 317-318 of Law’s Ambition)