Confidentiality and Common Sense: Insights from Philosophy

Morawetz, Thomas

Journal: San Diego Law Review

Volume: 48

First Page: 357

Year: 2011

Bluebook Citation: 48 SAN DIEGO L. REV. 357 (2011)

Author: Thomas H. Morawetz: all 13 publications


Abstract

In this Article, I will consider two aspects of the controversy that help explain why it is static. I will consider the significance of empirical evidence that lawyers and clients find the rules morally troubling. Zacharias plausibly assumes that such evidence carries compelling weight. I will also look at the nature of morality itself and the extent to which professional rules should be expected to conform to morality.

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