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Alan Donagan | Justifying Legal Practice in the Adversary System

question 55

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Alan Donagan | Justifying Legal Practice in the Adversary System: A Look at Confidentiality
Donagan looks at arguments justifying lawyer-client confidentiality within the adversary system. While the standard interpretation of confidentiality is justified within the adversary system, an extended interpretation allowing attorneys to withhold information they would otherwise disclose as a moral duty, does not. Donagan examines two arguments for an extended version of confidentiality and demonstrates that the first fails as a consequentialist argument and the second on the basis of false premises. He argues for the sufficient nature of the standard interpretation of confidentiality.
-The idea that a lawyer is simultaneously "required to know everything, to keep it in confidence, and to reveal it to the court" is what Freedman calls a


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Thousands of Dollars

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Refers to the suitability of a statistical or mathematical model in accurately representing a real-world situation for analytical purposes.

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The vertical distance through which an object is dropped or falls, often used in experiments to measure impact or velocity.

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