Title

Professor Michael S. McGinniss Publishes Article in the Texas A&M Law Review

Document Type

News Article

Publication Date

1-21-2014

Campus Unit

School of Law

Abstract

Assistant Professor Michael S. McGinniss has published the lead article in Volume 1, Number 1 of the Texas A&M Law Review, entitled Virtue and Advice: Socratic Perspectives on Lawyer Independence and Moral Counseling of Clients. Professor McGinniss' article offers an overview and perspective on lawyers as independent advisors, first by closely examining Rule 2.1 of the ABA Model Rules of Professional Conduct. It then further explores moral independence in a legal context by reflecting on Socrates, with particular attention to his trial and its aftermath, but also considering Socrates as portrayed in the philosophy of Søren Kierkegaard. It also reviews several frameworks legal ethicists have developed to describe the relationship of advising lawyers and their clients, and proposes the moral ideal of the "trustworthy neighbor" for lawyers serving clients in the advising role. Finally, the article considers some lessons derived from the teachings of Socrates for lawyer-advisors who are engaged in moral dialogue with their clients.

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