Sea Level Lies: The Duty to Confront the Deniers
Stetson Law Review, Vol. 44, No. 1, 2014
St. Thomas University School of Law (Florida) Research Paper No. 2015-10
74 Pages Posted: 11 Mar 2015 Last revised: 4 Dec 2015
Date Written: 2014
Abstract
Clients may deny climate change, but facts are facts, oceans are rising, and lawyers have duties to their profession and third parties. Applying traditional concepts of professional responsibility, with frequent consideration of the government lawyer’s duties to the public, this Article considers how the lawyer’s duty of competence, duty to advise clients, duty of fairness to others, duty to the courts, and duty to organization clients all apply to the controversial context of sea level rise. While clients can, as a policy matter, choose the “do-nothing” option, lawyers have a duty to confront the deniers and to ensure that material facts are disclosed and meaningfully considered. Participating in a client’s deceptions and omissions could expose lawyers to negligent misrepresentation or disciplinary cases, but perhaps even more importantly, lawyers have a duty to the next generation, too.
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