Some Saturday Snippets: I’m going to try to be pithy on this fine summer weekend, covering a couple of topics with relative brevity, so that we can all get serious about relaxation. Just Right? Please use our “Suggestions” Box to let me know whether the lengthy discussion ethicalEsq? usually gives to topics covered here is too much, too little or just about right.
Honorable Optimism: In a posting on July 17, Overlawyered.com‘s Walter Olson mentioned our treatment last week of Arizona’s word-change from “zealous” to “honorable” in its Rules of Conduct. Walter is hoping the word change will produce meaningful results, as
“Time and again, in our experience, the putative obligation to represent clients in a “zealous” fashion has proved the last resort of the scoundrel litigator and ethical edge-skater. Yes, in principle there can also arise dangers when lawyers aren’t zealous enough, but no sane observer could imagine that the big problem with American litigation is that lawyers care so much for honor that they aren’t combative enough.”
I’m cautiously optimistic that we’ll see a difference in conduct and attitude, but it will certainly take considerable amounts of CLE, more than a few judicial scoldings, and action or warnings from Bar Counsel, to make it happen. Please let ethicalEsq? know — with Comments or “Suggestions” — if:
- your State or jurisdiction has adopted or is contemplating a similar deletion of the zealousness concept.
- you have come across any good ethics opinions, articles or CLE materials on the proper meaning of zealous advocacy
P.S.
I may not be feeling zealous today, but I am feeling somewhat humble. A couple days ago I complained about an instance of tax-whining by Eugene Volokh on his Volokh Conspiracy blog, hoping to get a substantive reponse to my arguments against the epidemic of taxophobia (misotaxia?) that has infected so many Americans. I guess ethicalEsq? doesn’t have the visibility it takes to deserve a reply on the merits (or, were my arguments simply irrefutable?). The good Professor and I did exchange a couple of friendly email messages (pardon my non-French), but nothing of substance to quote to my visitors. Similarly, my challenge to Public Citizen to help fight abusive use of contingency fees has received no reply (BIG surpise).On weekends at least, humility is good for me, but I don’t want to overdo it. Which is why I’m grateful to Walter Olson. There’s nothing like a reference from Overlawyered to bring visitor traffic to a site. Thanks again, Walter, for watching and touting this space. .