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Tuesday, April 26, 2011

postheadericon Lawyer ethics

The national press has reported an interesting ethical conundrum concerning the 800-member, 126-year-old Atlanta law firm of King & Spaulding, and its Supreme Court advocate Paul Clement, over the firm’s dropping a prestigious and lucrative client â€" the House of Representatives, no less.

The House hired Clement, a former solicitor general, to defend the constitutionality of the 1996 Defense of Marriage Act (DOMA), which denies federal rights to same-sex marriage partners. After human-rights groups criticized the firm for its role in defending the federal anti-gay marriage law, the firm dropped its client. Clement left the firm, stating that law firms should not desert clients who are unpopular. “Defending unpopular positions is what lawyers do,” he instructed. But not always.

Several interesting issues are raised by this incident.

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