ABSTRACT
This chapter focuses on the moral justification of the harmful or deceptive or obstructive means themselves. Such means are prima facie immoral; in order to be morally justified, such means must serve the purpose of affording the client what he is entitled to under the law in our fundamentally just legal system, or they must provide some other social or moral value that outweighs their prima facie immorality in the moral scales. The objectives that may be pursued under the law are determined or controlled by the legislative branch of government; the means that are permissible in the practice of law are usually determined by the courts. The means are the province of the profession. The legislature governs public policy, but the profession controls the means employed by lawyers. The chapter assesses the nature of the adversarial style of litigation will provide background and perspective for the moral analysis of many of the specific tactics and practices.
