Teaching professional responsibility is an important gig, whether to law students or new lawyers. Rule memorization is one means, albeit flawed. Memories fail, and mere words—without grasping their animating spirit—provide scant guidance. Imparting traditional values—loyalty, honesty, transparency—is admirable yet not always useful in the rough and tumble of practice. Let me propose a fresh approach: identifying anticipated ethical dilemmas, then providing “Actionable Guidance” to their resolution: If A occurs, Z is a potential response. (Gain insight by reading “Build a Corporate Culture That Works,” by Erin Meyer, in the July-August 2024 issue of the Harvard Business Review.)
Dilemma No. 1: Loyalty v. Opportunity
Seneca taught loyalty as the holiest good in the human heart. And so it is. Yet, loyalty to a client is tested by other representation opportunities. Scenario:
- A Lawyer is negotiating a new contract for his client, an NFL Quarterback. The Wealthy Team Owner likes the Lawyer’s style and offers, “Come to work for me evicting deadbeats behind on their luxury box payments. Zip to do with the NFL Quarterback’s contract.” Can the Lawyer accept the representation?