Three Dichotomies in Lawyers’ Ethics (With Particular Attention to the Corporation as Client)

Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk as primarily to a vulnerable client from a powerful professional; or, to the contrary, from a powerful client-lawyer combination toward vulnerable others. Second, what is the foundational orientation of lawyers? Are lawyers serving primarily their particular clients, and those clients’ preferences, choices and autonomy? Or is the primary allegiance of lawyers to some community or collective goal or interest distinct from the particular goals or interests of the client? The third dichotomy concerns not the substance of therisk, or the primary orientation, but the appropriate means of responding to that risk or that fundamental obligation. Should professional ethics be implemented primarily through rules? Or, should we rely on character and the discretion of lawyers to make a thought out, all things considered, decision? Each of these three presents a fundamental difference in how we perceive and address issues of lawyers’ ethics. Each affects our understanding and analysis on multiple levels, from (1) determining the appropriate or requisite conduct in aparticular situation, to (2) framing a specific rule or approach for a particular category of situations, to (3) more general or abstract theory or policy. A person’s inclinations in regard to the dichotomies affects the conclusions that person will reach on each of those levels of analysis, yet those inclinations and assumptions are frequently unexamined and unarticulated. One’s position on each of the dichotomies tends to structure the approach and outcome without the issues and choice having been explicitly addressed or possibly even noticed. This article is an effort to ameliorate that problem. Part I addresses the question of what is the risk in the work of lawyers, or the function of lawyers, for which professional ethics is the answer. The concluding section focuses on the particular problem of the corporation as client. Part II then asks the related and possibly consequent question of what is the foundational orientation or allegiance of the lawyer? Is it to the individual client? Or is it to some larger community interest? Again, the concluding section focuses on thecorporation. Part III turns to the means or method for addressing the obligations and possible problems of the professional ethics of lawyers. Should lawyers’ ethics guide and confine the conduct of lawyers primarily through rules? Or should it function primarily through reliance on the knowledge, judgment and character of lawyers? If the latter were the guide, ethical decisions would be made on a situation by situation basis under the discretion of each lawyer. Toward the end of each discussion possibilities for bridging the dichotomy are considered (and with such bridges each dichotomy may come to look more like a spectrum or continuum.). At several points after its introduction in Parts I and II, the special problem of the corporation as client is revisited and possible solutions suggested. Illustrating the usefulness of keeping the dichotomies in view, Part IV applies them to several exemplary situations of ethical difficulty in actual lawyer practice. For readers finding it difficult to envision the consequences of these distinctions, turning ahead to Part IV may be useful in making the discussion more concrete. Some commonalities across the dichotomies and connections among them are then developed in the concluding section, Part V.

Candidate Conservation Agreements to Minimize Military Conflicts with Wildlife Laws: The Gopher Tortoise (Gopherus polyphemus)

The proposed Endangered Species Act listing of the gopher tortoise has the potential to impact the military mission at installations in the southeastern United States. Candidate Conservation Agreements with the U.S. Fish and Wildlife Service could be a tool to promote conservation and potentially preclude listing. This project identified military activities that could be affected and determined that military natural resources managers are unsure if such an agreement would prevent impacts to the military mission or impose the same restrictions as federal listing. This project found that if a gopher tortoise Candidate Conservation Agreement can be developed such that it benefits the species as well as the military, it should be used as a model for other species.

Balancing Wetland Management with the Military: Using Special Area Management Plans (SAMPs) to protect wetlands on U.S. Air Force Installations

U.S. Air Force installations by virtue of their isolation and often remote locations provide protection to critical habitats that would otherwise be susceptible to development and other stressors. While Air Force activities may not always compliment environmental protection, a balance between environmental protection and Air Force requirements must be achieved to minimize conflict. Special Area Management Plans (SAMPs) are a possible solution in the quest to balance conservation with mission requirements. Beale Air Force Base, California is the first military installation to pursue implementation of a SAMP. This project found that SAMP implementation could be a tool to successfully balance conservation efforts with military requirements on other Air Force installations; however, further education on the SAMP process would be required.

Rehabilitating, repairing and restoring against demolishing, tearing down and destroying: the recovery of the military fort for the Santa Pola town museum

This communication develops the process of interventions of the Renaissance fortress of a new plant built in 1554–57 in Santa Pola. It is one of the earliest examples built with reference to military architecture theoretical treaties (XV–XVI) and best preserved. The study runs its own story from its initial military use, through the use of civil equipment until the final cultural and Museum Center. First, the project of Italian origin is examined and its use as barracks for troops for a duration of three centuries (1557–1850), pointing out the architectural constants of war machinery in a defense position and its origin as a rainwater collector and cistern: a perfect square with two bastions in which a plan of the uprising is preserved (1778). Secondly, we study the changes in the mentioned architecture throughout a century and a half (1850–1990) after its change of ownership (from the state to the municipality), and as a result of the new use as a city hall and public endowment: a market and health and leisure centre, which meant the demolition of defensive elements and the opening up to the outside of the inner parade ground. And thirdly, the new transfer of the municipal offices brings in the beginning of a project of transformations (1990–2015) that retrieves the demolished elements at the same time as it assigns the entire fort for a cultural centre: exhibition, research and history museum, promoting the identity between the citizens and the building which stands in the foundations of their city. The conclusions take us through an interesting route that goes from the approach of defensive tactics, its use as administrative headquarters to the current cultural policy of preservation. In addition, all the known plans of the fort are recovered (of military, civil and cultural use), some unpublished, as well as the project of the North wing that has guided the last operation and which has been set as a pattern of reference.

A guide to reading in social ethics and allied subjects: lists of books and articles selected and described for the use of general readers

by teachers in Harvard University.

[Ethics and Moral Philosophy book list, 1790]

One leaf containing a handwritten list of books with one column marked "Ethics" and the other column marked "Moral Philosophy." Entries contain the author's last name and abbreviated title. The page is inscribed "Vose," likely referring to Roger Vose (Harvard AB 1790), and the verso has a fragment of a poem.

[Ethics and moral philosophy book list, 1790]

One leaf containing a handwritten list of books generally on ethics and moral philosophy, though no subject is identified. Entries contain the author's last name and abbreviated title. The page is inscribed "Paine," likely referring to Robert Treat Paine (Harvard AB 1792), and the verso has a fragment of a student essay on the theme "An undevout astronomer is mad," signed "Paine."

Military commission : manuscript, 1756 Feb. 18

Commission appointing Moses Deshon as major of a foot regiment under Col. Joseph Thatcher.