Catholic Moral Teaching and Natural Law: Changing the Way We Think About and Teach Professional Legal Ethics

TL;DR: A lawyer's conduct is deemed "unethical" if it fails to meet standards set forth in the professional ethics rules of the states in which they practice as mentioned in this paper, and the mechanism in place today would require the enactment of higher statutory standards.

Abstract: Lawyers have had a hand in virtually every financial scandal in recent news. These lawyers are hired to advise clients about how to structure hedge funds, financial products, and financial transactions. Because global economies are becoming more interconnected, when large and risky financial transactions fail, they shake the stability of markets around the world. The “hired gun” mentality is prevalent throughout the legal profession. In this mindset, lawyers believe that because they are engaged by a client, they must do their client’s bidding, and must be singularly focused on their client’s sole interests. Can we do anything to encourage lawyers to consider not only the interests of their individual clients, but also the ramifications of their actions on the common good? A lawyer’s conduct is deemed “unethical” if it fails to meet standards set forth in the professional ethics rules of the states in which they practice. If the bar association of any state wants to deter additional forms of conduct, the mechanism in place today would require the enactment of higher statutory standards. Our society and our profession should demand more than the present overly narrow focus on the individual good of the client, especially where such focus has serious negative repercussions on the good of society. We should demand that lawyers act not only as competent legal professionals, but also as good citizens and morally upright human beings. On this score, our Catholic moral tradition—which teaches that human flourishing comes through the development of good moral