How should a lawyer “be”?

In their paper, “Legal Ethics and Moral Character”, Alice Woolley and W. Bradley Wendel propose a very interesting way of thinking about theoretical legal ethics. While most of the literature on legal ethics proposes particular ways that a lawyer should act, Woolley and Wendel suggest that instead, legal ethicists should think about the kind of person who is likely to act in the manner prescribed.

This raises the question of what makes up an ideal lawyer: “How a lawyer should ‘be’”. It involves an examination of the kind of moral character, and the kind of worldview, an ideal member of the profession should have.

Considering that the some members of the Law Society of Upper Canada have been suggesting that efforts at promoting civility among members of the bar might make litigators “too soft”, it’s a question of more than just academic interest.

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