been pondering a much more important issue: how should your career
choice within the law relate to your professed philosophical, religious
or political beliefs about serving the “least of your brethren” or creating
a better society? This is a topic that deserves much more thought
and time than I can give to it today. I will say, however, (1) that far too
many members of our profession on the right and left – despite their
purported beliefs and willingness to readily condemn the actions of
others – seem to give no thought at all to the effects of their advocacy
and their labors; and (2) it is far harder to practice law ethically in a profit-
driven law practice, representing profit-driven clients, than in “public”
interest” practices; and I greatly admire private practice attorneys
who manage to do so.
Ethan Lieb at Prawfsblog asks whether a weblogger has ethical
duties related to posting about topics that he or she is treating in an
broadly about ethical obligations of lawyers who write amicus
briefs. You editor-provocateur left the following question at each
weblog:
“What about an ethical responsibility to tell the client
that amicus briefs have almost no bang for the buck?
They are mostly ignored and very rarely have any impact?”
Shouldn’t a lawyer make sure a client is fully aware of this reality, even
if the client initiates the idea of using an amicus brief? What else does
giving independent advice, free of self-interest, and putting the client’s
interests first, mean?
May 23, 2005, on the implications of the two pending telecom mega-
mergers,on future competition, with emphasis on the issues raised by
the digital revolution. There have been quite a bit of press coverage:
Serious Threat to Competition”)
window view –
all grays
and one blooming lilac bush
leaving her place –
a hug
you’d give a friend
[May 26, 2005]