Copyright (c) 1999 Fordham Law Review
Fordham Law Review
ARTICLE: THE ETHICAL ROLE AND RESPONSIBILITIES OF A LAWYER-ETHICIST: THE CASE OF THE INDEPENDENT COUNSEL'S INDEPENDENT COUNSEL
68 Fordham L. Rev. 771
Nancy J. Moore *
Lawyers and law professors are increasingly being asked to render opinions and advice as ethics experts or consultants. This recent and growing phenomenon has spawned considerable confusion regarding what one commentator calls the "ethics of ethics consultation:" 1 ethical issues that need to be recognized and addressed not only by "consulted lawyers," 2 but also by "consulting lawyers." 3 These issues include whether and when an attorney-client relationship has been formed by an ethics expert, 4 what duties are owed by experts who do not form a traditional attorney-client relationship with anyone, 5 and to whom an expert's duties are owed, both inside and outside a traditional attorney-client relationship. 6 Of course, these issues are also faced by lawyer-experts who are consulted on a wide range of matters other than lawyer ethics.
All these questions are nicely raised by the episode involving the publication of Sam Dash's letter of resignation from his position as "outside consultant and adviser to [Ken Starr and Starr's Office] of Independent Counsel." 7 On November 20, 1998, Sam Dash abruptly resigned his position. 8 Starr had just concluded his testimony before the House Judiciary Committee, which was considering the impeachment of President Clinton based on allegations that were the subject of a report submitted to the Committee by Starr. 9 Dash, who had been described as Starr's "ethics adviser," 10 not only made the fact of his resignation public, but also released a copy of ...
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