Ethical ideals differ between client-loyalty and justice-serving lawyers

Evidence

In an adversarial system, the duty of attorneys during litigation is, according to the American Bar Association, to “represent their clients zealously within the confines of the law.” In an inquisitorial system, in contrast, the lawyer is—according to the German code of legal ethics—an “independent organ in the administration of justice.” Thus, the American attorney’s concern is for his or her client; the German attorney’s is for justice. — G. Alan Tarr, Judicial Process and Judicial…, 933

Categorization

  • DEFINE: Contrasts the core ethical postures of the two systems in their own codes of ethics.
  • XREF: connects to: Lawyers act as client delegates or as trustees for assumed group goals — G. Alan Tarr, Judicial Process and Judicial…, 895; Justice is expected to emerge from balanced partisan presentations — G. Alan Tarr, Judicial Process and Judicial…, 922; In group litigation lawyers serve the group’s interests, not the individual plaintiff’s — G. Alan Tarr, Judicial Process and Judicial…, 1176 (+6 more)

Broader Connections