Zealous Advocacy, Ethics and Future Business Practitioners: A Classroom Exercise By Marc Lampe Key Words: ZEALOUS ADVOCACY, ETHICS, BUSINESS ETHICS, LEGAL ETHICS, LAWYER ETHICS, BUSINESS EDUCATION, LEGAL EDUCATION, BUSINESS PEDAGOGY, BUSINESS LAW PEDAGOGY, BUSINESS LAW, LAW AND ETHICS, LAWYER CONDUCT, INTEGRITY, ADVERSARIAL SYSTEM
Abstract: Under the Model Rules of Professional Conduct lawyers have a duty to be zealous advocates on behalf of their clients. This duty, especially when coupled with the pecuniary and ego benefits of winning, can lead to conduct by lawyers that may be unethical and, at times, illegal. The primary purpose of this exercise is to provide business law students with an awareness of this real-world issue that may arise in their personal and professional lives when they hire an attorney. Through an understanding that their own ethical rights and duties differ from those of their lawyer, this exercise prepares students to handle situations where their attorney may be advocating for, or acting in, an unethical manner. Solutions offered include: a client’s request to the attorney to cease and desist from such behaviors, and a client’s use of ADR. This exercise also may serve as a case study in ethics generally as it relates to business and the law.