Chapter 8-3

Lawyer’s Role2014

• Anthony Griffin argues that:– as an African-American he had an obligation to represent the Klan.– as an African-American he had an obligation to refuse to represent the Klan. – his being African-American was irrelevant to his decision to represent the Klan.

8-23

• Casebook, pp. 868, 872.

Johnnie Cochran

8-24• According to David Wilkins, African-American lawyers:

– should place their professional obligations above their racial obligation. – should place their racial obligation above their professional obligation. – should reconcile their professional and racial obligations.– have no legitimate racial obligation.

• Casebook p. 876.

8-25• David Wilkins argues that in the O.J. Simpson trial:

– Johnnie Cochran appropriately navigated racial and professional obligations. – Christopher Darden appropriately navigated racial and professional

obligations.– Both Cochran and Darden appropriately navigated racial and professional

obligations. – Neither Cochran nor Darden appropriately navigated racial and professional

obligations.

• Casebook, pp. 868, 880-81.

8-26• David Wilkins concludes that Robert Johnson managed his opposition to

the death penalty:– more appropriately than Robert Morgenthau. – just as appropriately as Robert Morgenthau. – less appropriately than Robert Morgenthau.

• Casebook, pp. 868, 879, 881.

• 1. The Bar Association is considering creating professionalism awards in honor of one or more of the following:

• A. Johnnie Cochran• B. Christopher Darden• C. Anthony Griffin• D. Robert Johnson• The Committee includes at least one member who

chooses the racial justice law yering perspective and at least one who chooses the neutral partisan conception.

• 2. David Wilkins analyzes whether Black lawyers have an obligation to promote racial justice. Do White lawyers have an obligation to promote racial justice on account of being White? As a law student, what do you think?

Lawyer as Civics Teacher

Chapter 8-27• In the 1960s, Erwin Smigel found that big firm lawyers viewed their role as

closer to that of the: – Civics teacher– Hired gun

• Casebook p. 896

8-28• Proponents of the lawyer as civics teacher argue that lawyers are properly

civics teachers because they are necessarily more virtuous than non-lawyers. – Yes– No

• Casebook p. 886.

8-29• Proponents argue that lawyers are civics teachers:

– because descriptively they serve that function – because normatively they should serve that function– both A and B– neither A nor B

• Casebook, pp. 887, 890.

8-30• A lawyer acting as civics teacher would always:

– spy on her client for the government– be a hired gun b/c the system requires it – explain the spirit of the law as well as the letter – impose her values on the client

• Casebook, p. 889.

8-31• Both perspectives on the lawyer as civic teacher require moral counseling.

– True– False

• Casebook pp. 898-99.

8-32• If clients generally shared the view of Ben W. Heineman, Jr., former Senior

Vice-President for Law and Public Affairs for General Electric, they would: – object to the lawyer as civics teacher – welcome the lawyer as civics teacher– be indifferent to the lawyer as civics teacher

• Casebook, pp. 898-99.

• 1. You are discussing with two law partners how to counsel your client under the follow situations. At least one of the law partners follows the civics teacher lawyering perspective and at least one follows the neutral partisan perspective. What decisions do you reach regarding strategy and next steps?

• (a) Bigco has accidentally dumped ToxicTox in Smalltown’s water supply. Bigco informs you that a few residents may die soon and a larger number are likely to develop cancer.

• (b) Lincoln Motors is deciding whether to make a design change in the LS Model not required by law this year but required next year. Lincoln Motors informs you that their studies show that the design change would save 100 lives a year but would raise the price of each car $5000.

• (c) Popular Clothing is negotiating a contract with a foreign manufacturer that pays employees 25 cents an hour, forbids union representation, and disregards basic workplace safety standards.

• 2. In 2002, soon after 9/11, the President asks you to advise on whether intel ligence agents can legally use torture to gain vital national security information from terrorists. What would you advise from the civics teacher perspective? How would that advice compare with advice from the neutral partisan perspective?

8-33• If I had to choose one perspective for my role as lawyer, I would choose:

– hired gun– moral advocate – feminist lawyer – racial justice lawyer – religious lawyer – civics teacher

• Three reasons why your perspective is better