The Bodyguards of Lies: Lawyers’ Power and Professional Responsibility

Foreword by Stephen Sedley, Lord Justice of Appeal 1999–2011
Preface
Acknowledgements
Contents
Abbreviations
Table of Cases
PART I
SETTING THE SCENE: THE TRUTH ABOUT LIES
	1. Introduction
		I. ‘The Truth, the Whole Truth, and Nothing but the Truth’
		II. Operation Mincemeat
		III. 'Corkscrew' Minds
		IV. A Hippocratic Oath for Lawyers?
		V. Lawyers, Truth and Justice
		VI. Tricks of the Trade
		VII. An Inconvenient Truth
		VIII. Why Tricks Matter
		IX. A Comparative Approach
		X. Structure of the Book
	2. The Lawyer's Role: 'Hired Guns' or 'He
roes'?
		I. Defining Lying
		II. Defining Truth
		III. Virtuous Lying
		IV. 
Virtuous L(aw)y(er)ing
		V. The Lawyer' s Professional Responsibility –
 Protecting Clients?
		VI. Respect for Client Autonomy
		VII. Protecting Dignity and Liberty
		VIII. The Pervasiveness of Law
		IX. Are Lawyers 'Hired Gun' or '
Heroes'?
		X. Conclusions
	3. Lawyers: A Divided Loyalty?
		I. Legal
		II. Ethical
		III. Moral
		IV. Conclusions
PART II
STRATEGIES TO PROTECT THE TRUTH
	4. Keeping Confidentiality: Tragic Choices
		I. Tragic Choices
		II. Exceptions
		III. Inadvertent Disclosure
	5. Lying with the Law: The Lecture
		I. Anatomy of a Murder
		II. Advice on the Law
		III. Answering Questions
		IV. Advice on Law Enforcement
		V. Advice on Evidence –
 Coaching
		VI. Baron & Budd –
 Getting Away With It?
	6. The Inconvenient Truth: Selective Ignorance and Wilful Blindness
		I. A Time to Kill
		II. The 'Buried Bodies Case and Mecca v McClure
		III. Perjury
		IV. 'None of My Business'
		V. Inferences
		VI. Expertise
	7. Licence to Lie
		I. Default
		II. Official Sanctions
		III. Contracts of Silence: Secret Settlements and NDAs
	8. Exploring the Outer Space of Law
		I. Legal Realism and the Indeterminacy of Law
		II. Stare Decisis
		III. Non-Positive Law
		IV. An Arguable Case
		V. Private Law-Making – Test Cases
		VI. Fidelity to Law
	9. Creative Compliance
		I. The Techniques of Creative Compliance
		II. Enforceability
		III. Will Creative Compliance Survive?
		IV. Creative Compliance – Ethical or Not?
	10. Lying with the Sword of Truth and the Dagger of Deceit
		I. The Sword of Truth
		II. The Dagger of Deceit
		III. Economical with the Truth
	11. The Smoking Gun
		I. Discovery/Disclosure
		II. Whistleblowers and Gatekeepers
		III. Strategies
	12. A Sporting Chance? Courtroom Tactics in a Criminal Context
		I. A Sporting Chance?
		II. Keeping Evidence Out
		III. Challenging Adverse Evidence
		IV. Presenting an Alternative View – The 'SODDI' Defence
		V. The 'Cockroach' Defence – Trial by Ordeal
		VI. Playing the Judge
		VII. Victim-Blaming
		VIII. Ethical or Not?
		IX. Reasonable Doubt – The Twilight Zone
		X. Some Conclusions
	13. Effective Advocacy
		I. Playing the Jury
		II. Preparation – The 'Dream Team'
		III. Cross-Examination
		IV. Tools of Persuasion
		V. Spin-Doctoring
		VI. Challenging the Expert
		VII. Opening and Closing Speeches
		VIII. Jury Nullification (US) – Jury Equity (EW)
	14. Courting the Court of Public Opinion
		I. Kobe Bryant – Again
		II. Public Opinion
		III. Trial Publicity Rules
		IV. Super-Injunctions, Anonymity Injunctions and Hyper-Injunctions
PART III
BODYGUARD ETHICS
	15. The Dynamics of Decision-Making: The Pit and the Pendulum
		I. The Pit
		II. The Pendulum – Crossing the Line
		III. The Challenge
	16. The Dynamics of Ethical Judgment
		I. The Missing Link
		II. The Three-legged Stool – Clients, Courts and Conscience
		III. The Fox and the Hedgehog
		IV. Thinking Like a Lawyer
		V. The Application of Ethical Discretion
		VI. The Conscience of a Lawyer
PART IV
CONCLUSIONS
	17. Bodyguards of Lies: Power and Responsibility
		I. Rule of Law – Rule of Lawyers
		II. An Oligarchy of Bodyguards
		III. Power
		IV. First-Class Lawyering
		V. A Modified Standard Conception of Lawyers' Ethics
		VI. An Oligarchy of Ethical Lawyers: Obedience to the Unenforceable
References
Index