I strongly disagree with this. Ethics are the way a person applies his or her own moral beliefs. They are not simply about following the rules. Sneaking your way through loopholes is not always ethical. The law is not just about following rules; even our government is founded on the premise of taking a stand against injustice.
No, sneaking your way through loopholes IS ethical, it just may NOT be moral. I don't understand why drawing a distinction between the two concepts makes you believe that people are arguing that "morality is unimportant". Both AZWildcat and myself have stressed that ethics is a subset of morality, and that morals are more important! If you interpret this as "sneaky lawyer-talk" to justify ourselves being slimeballs, then that's just you being unable to keep pace with the discussion.
If you think that's an unfair assesment, and that you're holding your own just fine here, then more power to you. By all means, keep using this approach the first time a professor calls on you to work through a static hypo in front of the class.
Again, well said. In law school they stress objectivity... Outside of Atlanta Steve, there is little being shown in this thread. Take the OTHER side...
You are accused of raping a 19 year old girl. You were sure it was consentual, she says it wasn't. Police find no corroborating evidence, and you're in a jurisdiction where the force element has been reduced to the force of the act. Yet, she has friends who are going to back up her mental state moments after. She went to the hospital. All told, her actions are consistant with someone who has been raped. BUT, you remember the incident well. You remember how excited she was, and how she's really the one that pulled you into it. However, you have no hard evidence to back that up; it's just your word. She's probably upset that she cheated on her boyfriend, and this is how she's going to make it right.
So you take your case to the lawyer. You give him $15,000 up front, with $20,000 more due if it goes to trial. You don't have that kind of money to spend though! This unfounded allegation has made you broke, and you've been stigmatized infont of the community! Your lawyer, who you've just given your life savings says, "Well, I'm not sure that we can bring up her past sexual habits. I mean it looks like she's very promiscuous, but it's really a moral issue for me to use such a defense. I mean, it's not her fault, so why should she be put on trial?"
Do you see how it is INFACT unethical for you to work against your client? Hopefully the illustration made it more clear.