Litigation Ethics

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Long title: 
Litigation Ethics
Author(s): 
Mather, Lynn
Author(s)' contact information: 
SUNY Buffalo Law School, USA
Conference title: 
International Legal Ethics Conference VI
Conference location: 
City University London
Country: 
USA
Year: 
2014

Analysis of a survey data from American lawyers across areas of practice reveals a difference in perceptions of "ethical conduct" according to whether or not lawyers are engaged in litigation. Those who rarely litigate but instead do, for example, transactional or advisory work, are much more likely to report that lawyers in their field are highly ethical in their conduct, whereas those who do litigation report lower scores for ethical conduct. This pattern is consistent across all lawyers (close to 6,000 in the sample), all corporate lawyers, and for lawyers in specialties such as intellectual property or securities. This paper will present the results, explore possible explanations, and consider the implications of them.

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