Are Evidence-Related Ethics Provisions Law?

23 Pages Posted: 29 Aug 2007 Last revised: 13 Aug 2008

See all articles by Fred C. Zacharias

Fred C. Zacharias

University of San Diego School of Law

Date Written: August 2008

Abstract

This essay considers the issue of whether evidence-related provisions in the legal ethics codes should be considered law. The essay identifies the pertinent provisions, compares them to their counterparts in evidence law, and considers when and whether judicial and bar standards diverge. To the extent they do, the essay analyzes the possible reasons why and the significance of those reasons for treating the codes= evidence provisions as binding legal constraints. Although on the surface the divide between the professional rules and evidence law seems wide, the essay suggests that the reasons have more to do with the context in which judges and bar associations establish standards than with a difference in normative outlook. The decision of whether to allow particular code provisions to influence legal standards necessarily varies, thus making it impossible to categorically characterize the codes as legal or non-legal in nature.

Keywords: evidence, professional responsibility, summations, final arguments, judicial discretion

JEL Classification: K00, K10

Suggested Citation

Zacharias, Fred C., Are Evidence-Related Ethics Provisions Law? (August 2008). Fordham Law Review, Vol. 76, p. 1315, 2008, San Diego Legal Studies Paper No. 08-055, Available at SSRN: https://ssrn.com/abstract=1009333

Fred C. Zacharias (Contact Author)

University of San Diego School of Law

5998 Alcala Park
San Diego, CA 92110-2492
United States

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