There is no question that there are serious ethical issues confronting practicing lawyers on virtually a daily basis. There is also no question that law itself will never resolve all these issues, no matter how advanced a legal document like the Model Rules might be. This is true not only because the particular rules are often controversial (and sometimes wrong, as in the confidentiality provisions), but also because there is always discretion to be exercised and different considerations to be taken into account in the exercise of that discretion. The situation would not be significantly different even if the public had a greater say in determining the content of a legal document such as the Model Rules.
Annual Survey of American Law
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