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18 Geo. J. Legal Ethics 365 (2004-2005)
More than Lawyers: The Legal and Ethical Implications of Counseling Clients on Nonlegal Considerations

handle is hein.journals/geojlege18 and id is 373 raw text is: More Than Lawyers: The Legal and Ethical
Implications of Counseling Clients on Nonlegal
Lawyers must often be more than lawyers. As they have for centuries, lawyers
face clients' family problems, business problems, and life problems, which lead
lawyers at times to go beyond the legal issues and counsel clients on the moral,
economic, and other nonlegal factors affecting their situations.' In addition, the
practice of law today is becoming more competitive, complex, and intertwined
with other substantive disciplines.2 Lawyers therefore are increasingly called
upon to advise clients on issues that would not be deemed purely legal by
traditional standards.3
The American Bar Association's (ABA's) Model Rules of Professional
Conduct (Model Rules) recognize the fact that attorneys often contemplate
* Assistant Professor and Director of Academic Success, Regent University School of Law; M. Div.,
Gordon-Conwell Theological Seminary, 2000; J.D., Harvard Law School, 1994; A.B., Duke University, 1991.
The author would like to thank Charles Oates for reviewing a draft of this Article and Lauren McCay, Melinda
Grams, William Magee, Kim Phillips, and Kim Pellini for their assistance in researching this Article.
1. See M.H. Hoeflich, The Good Lawyer & Rule 2.1, 69 J. KAN. B. ASS'N 38, 40 (2000) (observing that
lawyers in the late nineteenth century would often discuss with their client the moral implications of legal
issues); John M. Burman, Advising Clients About Non-Legal Factors, Wyo. LAW., Feb. 2004, at 40, 41
(reasoning that [iut is seldom possible to explain the 'practical implications' of a client's legal rights without
referring to non-legal factors).
2. See, e.g., James W. Jones & Bayless Manning, Getting at the Root of Core Values: A Radical Proposal
to Extend the Model Rules to Changing Forms of Legal Practice, 84 MINN. L. REV. 1159, 1174-79, 1207 (2000)
(tracing the growing complexity and sophistication in law practice throughout the twentieth century); Mary C.
Daly, Accounting for Lawyers: A Professional Responsibility Primer, 552 PLI/Lit 407, 410 (1996) (noting the
increasing competition in the legal profession).
3. See, e.g., Richard A. Goodman et al., Other Branches of Science Are Necessary to Form a Lawyer:
Teaching Public Health in Law School, 30 J.L. MED. & ETHiCS 298, 298 (2002) (As the twenty-first century
begins, the practice of law will increasingly demand interdisciplinary knowledge and collaboration-between
those trained in law and a broad range of scientific and technical fields, including engineering, biology, genetics,
ethics, and the social sciences.); Daly, supra note 2, at 410-11 (reasoning that increasing competition is leading
attorneys to counsel clients on the legal and nonlegal aspects of the representation). See generally Brock
Brower, The Law School and the Law: A Benthamite  Dean Lets a Hundred Legal Flowers Bloom, HAxv.
MAG., Jan.-Feb. 2000, at 43,45-47 (discussing the expansion of the curriculum at Harvard Law School to reflect
an interdisciplinary emphasis); Janet Weinstein, Coming ofAge: Recognizing the Importance of Interdiscipli-
nary Education in Law Practice, 74 WASH. L. REV. 319, 351-65 (1999) (recommending that law schools provide
students with an interdisciplinary education in which they learn how to work with professionals from other
disciplines in solving clients' problems).

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