False friends? Testing commercial lawyers on the claim that zealous advocacy is founded in benevolence towards clients rather than lawyers’ personal interest

IF 16.4 1区化学 Q1 CHEMISTRY, MULTIDISCIPLINARY

Accounts of Chemical Research Pub Date : 2016-01-02 DOI:10.1080/1460728x.2016.1186453

R. Moorhead, Rachel Cahill-O'Callaghan

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引用次数: 2

Abstract

ABSTRACT Commercial lawyers often signal that ‘client first’ is an essential element of their professional DNA, and some scholarly proponents have laid claim to a moral justification for zeal. That moral justification is found, in particular, in the notion of lawyers as friends. One critique of zeal is that this moral claim is bogus: that ‘client first’ is a convenient trope for disguised self-interest. This paper explores the empirical validity of this ‘client first’ ideal through a value-based analysis of zeal in lawyering. Our data suggest plausible differences in ethical decision-making related to those values. The data are consistent with more zealous lawyers having stronger self-interested rather than client-interested motivations. More zealous lawyers are also less constrained by valuing conformity to rules. If our results are valid, they suggest that the claim that zeal is motivated by placing a high value on the interests of the client is false.

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虚伪的朋友吗?对商业律师的考验是，热心的辩护是基于对客户的仁慈，而不是律师的个人利益

商业律师经常表示，“客户至上”是他们职业DNA的基本要素，一些学术支持者声称，这种热情有道德上的正当性。这种道德上的正当性尤其体现在将律师视为朋友的观念中。对热情的一种批评是，这种道德主张是虚假的:“客户至上”是伪装的自我利益的方便比喻。本文通过对律师执业热情的价值分析，探讨了“客户至上”理念的实证有效性。我们的数据表明，与这些价值观相关的道德决策存在看似合理的差异。这些数据与更热心的律师有更强烈的自我利益动机而不是客户利益动机相一致。更热心的律师也较少受到遵守规则的约束。如果我们的结果是有效的，那么它们就表明，“热情是由高度重视客户利益而激发的”这一说法是错误的。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Accounts of Chemical Research 化学-化学综合

CiteScore

31.40

自引率

1.10%

发文量

312

审稿时长

2 months

期刊介绍： Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance. Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.