Canons of Professional Ethics for Attorneys

Paper Summary:

In this paper, the author argues that the Canons of Professional Ethics written for attorneys in the early 1900's are no longer relevant. The paper gives a brief historic background of the Canon's adoption, then highlights the major points of contention, showing point by point how the Canons no longer apply. The author further contends that the Canons often fail to embrace the realities of the legal profession, especially of defense attorneys who must often defend unpopular clients or even for attorneys who wish to solicit business. The writer describes the Canons as often vague, contradictory, and unenforceable.

From the Paper:

"Many of the Canons could actually subvert the intention of attorneys to represent clients to their fullest extent. Consider the working Canon 28: "It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship, or trust make it his duty to do so." (Hurld, 2004) Yes, this would forbid ambulance chasing or advertisements asking a parent of a sick child if medical malpractice might be the cause of their child's infirmity, the sort of attorney advertising and grandstanding non-lawyers enjoy pointing to, when these laypersons explain why they despise attorneys."

Sample of Sources Used:

• "ABA Code of Professional Responsibility: 1983." Cornell Law School. American Legal Ethics Library. [2 Oct 2006] http://www.law.cornell.edu/ethics/aba/mcpr/MCPR.HTM
• Hurld, Christoper. "Untangling the Wicked Web: The Marketing of Legal Services on the Internet and the Model Rules." The Georgetown Journal of Legal Ethics. Summer 2004. [2 Oct 2006] <http://www.findarticles.com/p/articles/mi_qa3975/is_200407/ai_n9454342>
• Johnson, Marcia. "Foundations Of Lawyer Ethics." Reprinted from Bench & Bar of Minnesota. December 1993. [2 Oct 2006] <http://www.courts.state.mn.us/lprb/93bbarts/bb1293.html>

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