When I was a prosecutor, I had the privilege of working for a District Attorney who honored his staff’s principles (as long as they were not discriminatory). So, if there was a case that could be prosecuted, but the assigned prosecutor felt a strong moral objection to its prosecution, he would be okay with that prosecutor either passing that case off to another assistant or that prosecutor handling the case utilizing their best judgment. So, case in point, if you did not see the utility of prosecuting someone for felony larceny who stole food to feed their family in between jobs, you had the discretion to resolve that case in a different way. Not every assistant prosecutor has that privilege. There are some District Attorneys who do not respect their staff enough to grant them the discretion that the law does.

            So, perhaps I was spoiled. When I went into private practice, I just assumed I would have greater ability to do what I thought was right when I worked for myself. I had the ability to choose my cases and I had the freedom to say no if a client wanted me to do something that was morally reprehensible. Or did I?

            While I do work for myself and have a great relationship with my partner who never pressures me to do anything I don’t want to do, I do take on clients who have their own, often times, very strict agendas. Do I have the ability to say no to clients who want to do morally reprehensible, yet legal, things in pursuit of their own agendas? Here is the rule:

(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

            Pursuant to Rule 1.12 of the Rules of Professional Conduct just because we represent a client that is, ahem, less than savory doesn’t mean that we endorse or sign onto what they believe or what they do. Okay. But am I allowed to draw the line during a representation when the client wants me to do something that I know is just not okay? Like take an acrimonious position in a litigation just because they want to piss off the other side. This happens a lot in family law litigation. You consult with a prospective client that has a straightforward case, but they wish for you to make it oh so complicated for their ex, just because. I always decline such invitations.

            But unfortunately, I am finding that other attorneys with whom I engage don’t seem to carry the same opinion. They have no problem advancing a morally reprehensible agenda for their client for pecuniary gain. Then, when you call them on it, they can’t support their position and claim you are doing the same thing (projection). As I get older in the private practice thang, I realize that I have no patience for such bullshit. There shall be no selling of souls here. Why did I work so hard for so long? To sell my ass on the corner anyway? I don’t think so.

            There will be many times where we as attorneys disagree with a client’s position. We try and counsel them in the more positive and legally sound direction, but they are hell bent on doing it their way. I am not writing about those instances. I am writing about those instances where you really cannot physically perform the way the client wants you to because it is just that bad. But sometimes this line between disagreement and morally bankrupt is very fine.

            I think you just need to pay strict attention to your gut during these confusing times. If it doesn’t feel right, don’t do it. Have the courage to tell the client that this is not a path down which you can accompany them and gladly let them know that they can find another lawyer who will. You are not meant to take every case that walks through the door. And just like you encounter clients who are willing to lose their ass in Vegas just to make their opponent weep, you will encounter those clients that just genuinely want a legal and positive way out of their legal quandary. We can keep our souls to practice after all.

*Image Credit: 9037832 © Oni Adhi | Dreamstime.com