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The Silences of the Restatement of the Law Governing Lawyers: Lawyering as Only Adversary Practice

By Carrie Menkel-Meadow

Abstract

The attempt to \u22restate\u22 the law governing lawyers is a noble effort. The drafts, to date, have presented a heroic gathering, in one place, of case law and competing formulations of a variety of the professional disciplinary codes. The drafters have attempted to settle some difficult and often contentious issues regarding lawyer responsibilities to clients, to courts, to third parties, and to themselves. At the same time, this Restatement suffers from the temporal flaws of all its sisters and brothers - in its efforts to \u22restate\u22 the law it looks backward, not forward, and thus will provide little guidance, at least on some important issues, for the practicing lawyer, judge, or disciplinary committee of the twenty-first century

Topics: Dispute Resolution and Arbitration, Legal Profession
Publisher: Scholarship @ GEORGETOWN LAW
Year: 1997
OAI identifier: oai:scholarship.law.georgetown.edu:facpub-2774
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