How can a model illuminate the professional-client relationship?
It should do this by explaining the professional-client relationship in terms that are more
familiar to us and less obscure.
It should be useful.
Help evaluate actual professional-client rel
A Defense of Role-Differentiated Behavior
The standard defense of lawyers engaging in role-differentiated behavior runs as
A defense lawyer is just one part of a larger institution.
It is important that the institution as a whole is fair and just
The Friendship Model
A professional and client are like friends
They are involved in a partnership characterized by trust and mutual cooperation.
They take each others interests more seriously than the interest of strangers.
Explains some aspec
Concealing The Truth
Withholding The Truth
I did not lie!
I did not mislead!
You did mislead: you made advertisement and people inferred product
I did not mislead: people need not have made any inference
Maybe they just never th
Philosophers often distinguish between positive and negative duties
Require you to refrain from doing something
Require you to do something
Help others when they need it
The Parent Model
The agency account described the relationship between professional and client as
being one in which the client is superior to the professional.
The professional is just an arm of the client.
The contract and the friendship accounts descri
The Golden Rule
Why accept Carson list?
Carson thinks that his first four duties are supported by the golden rule
Carsons interpretation of the golden rule
Consistency requires that
If you think that it would be morally permissible to do something t
The Lawyer-Client Relationship
Lawyers are frequently required by their professionals to do things that are immoral in
Criminal defensive lawyers are required to help guilty people avoid punishment.
The Standard view is that the lawye
The Fiduciary Model
A plausible account must acknowledge like the parent model that the professional is in
some sense superior
The professional has knowledge and experience that the client lacks
Unlike the parent model it must acknowledge that clients are
The Agency Model
The professional is an expert acting at the direction of the client.
The client sets the ends and the professionals job is to find the means.
The professionals job is not to decide what goals to pursue, but to do what the client