Walking the Line: Professionalism, Ethics, and the Limits of Zealous Advocacy

Courts and disciplinary bodies have always wrestled with the question of "how far is too far?" in ethical advocacy. Recently, we have seen high profile instances of attorneys being disciplined, and even losing their licenses, for instances of misconduct and behavior that is found to be unprofessional. But what are these limits and how do they practically apply in a given situation? How can we know where the limits are in terms of our advocacy? And what might be the consequences of overreacting--of not pushing hard enough for our clients? 

This course will discuss the different roles that attorneys must play in different circumstances, and how the rules of professional responsibility may apply differently in different situations. Attorneys will gain insight into managing risk in individual situations while developing a philosophy of lawyering in order to manage potential conflicts in a manner that reflects who you are as an attorney.

Learning objectives:

1. Recognize situations in which you may be pushing your advocacy too far--or not far enough

2. Understand how to balance the rules of professional responsibility that govern your conduct in these situations

3. Explore how to use these conflicts to define your practice and develop methods for guiding yourself through similar situations in the future