Should lawyers acknowledge whom they represent in public discourse?

Legal Ethics 20 (2):174-200 (2017)
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Abstract

ABSTRACTPolitical rule depends upon public discourse as it requires negotiation and compromise of conflicting interests. Public discourse includes activities that can be described as cause lawyering, lobbying, and rule entrepreneurship. The rule of law supports public discourse through, inter alia, the right to petition. The right to petition requires identification of those engaged in public discourse through petition. This requirement reflects a principle of general application. Solicitors owe an ethical duty to support the rule of law, including the right to petition. Lawyers without a specific duty to uphold the rule of law have ethical duties to maintain the reputation of the legal system and their legal profession. Lawyers, including solicitors, are frequent contributors to public discourse. Lawyers sometimes resist identifying the clients or client groups they represent in public discourse on the ground of the need to protect client confidentiality. This resistance is not ethically well reasoned, a...

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