This book uses real-world examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth.
It shows how they tackle their conflicting duties, and highlights the ‘tragic choices’ lawyers everywhere routinely make through their ‘power of decision’. What emerges are new ways of understanding the critical role lawyers play in society – and their professional responsibilities.
‘Truth is so precious it should always be protected by a bodyguard of lies.’ Churchill said this about wartime deception plans, but lawyers’ clients may think their truth - especially an 'inconvenient truth' - is so precious it too should be protected. Lawyers are ‘bodyguards of lies’ when they use so-called ‘tricks of the trade’ not only to keep clients’ secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty.
The book presents a unique and fascinating account of what happens when lawyers’ duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct.