Tuesday, July 14, 2009

Good Lawyers of Business

I'm still studying for the MPRE. I disagree with the ABA's distinction between personal offenses and public offenses. Take comment 2 to 8.4:
"some matters of personal morality, such as adultery, . . .have no specific connection to fitness for the practice of law"
Who writes these rules anyway, the ABA or Hollywood? In most cases, adultery (which by definition is commited by a married person) ought to violate 8.4(c) as conduct involving deceit (to family members) or misrepresentation (broken wedding vows). By ignoring the tragedy of such personal failures, the ABA plays the role of an unreformed Mr. Scrooge, "But you were always a good man of business, Jacob"

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