Any day is a good day to think about matters of ethics; this being Saturday, it’s as good a day as any. In no particular order of demerit, I’ll list some of the issues I’ve seen over the past month. Much of this is, of course, the eternal ends and means discussion.
1. Lawyers too lazy, or too incompetent, or not aware, or who simply don’t care, about their obligations to give the judge the current law and not knowingly give judges law that is out of date;
2. Lawyers too willing to make arguments that ought not to be made, in the forum they’re made, especially if there’s a huge pot of gold at the end of the rainbow;
3. Lawyers who don’t care about what horse they hitch their wagon to, if they think the horse can get them closer to that pot of gold;
4. Rampant intentional (or reckless to the point of amounting to intention – meaning reckless in the sense the speaker didn’t care about the truth or falseness of the position) intellectual dishonesty amongst members of all of the groups I’ve mentioned in the title for this message, especially if … ;
5. Soon to be law students who have questionable standards of morality, even by today’s standards of morality;
6. Law students who have even lower standards.
(5) and (6) are probably part of the explanation for the existence of (1) -(4) amongst lawyers.
I’ve every expectation things will get worse. But, then, I’m an optimist.