The Role of the Client: The President's Role in Government Lawyering

15 Pages Posted: 1 Jul 2009 Last revised: 11 Jul 2009

Date Written: May 15, 2009

Abstract

Discussions of whether Bush and Clinton administration lawyers have acted ethically have missed a fundamental point about the attorney-client relationship. It is the client - in this case, the government - who is ultimately responsible for making policy decisions, not the attorney. Too often, the question of what is "legal" has been substituted for what should actually be done, especially in the United States, where "legal" and "desirable" have become so intertwined. Governments should consult with attorneys, but should also be prepared to implement whatever policies they believe are "right," and if necessary to explain any departures from what is "legal" to the pubic, to whom they are ultimately accountable.

Keywords: professional responsibility, ethics, OLC, government lawyering, war on terrorism

Suggested Citation

Blum, Gabriella, The Role of the Client: The President's Role in Government Lawyering (May 15, 2009). Boston College International and Comparative Law Review, Vol. 32, pp. 275-287, 2009, Harvard Public Law Working Paper No. 09-34, Available at SSRN: https://ssrn.com/abstract=1427246

Gabriella Blum (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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