Year: 2024
Type: article
Abstract: It was both an honor and a privilege to speak at the Symposium on "The Jurisprudence and Legacy of the Honorable Joseph F. Weis, Jr." held at the University of Pittsburgh School of Law on March 17, 2023.Our panel-"Civility, Professionalism, and Ethics in Defining the Lawyering Career"-gave me the opportunity to study and reflect on the reasoning used by Judge Weis in his wellknown cases involving the determination of sanctions for violation of Rule 11 of the Federal Rules of Civil Procedure, particularly Gaiardo v. Ethyl Corporation. 1 In Parts I and II of this Article, I distinguish between two modes of judicial decision-making: polar and nuanced.In polar decision-making, the judge articulates the contending arguments on the particular issue before the judge and then decides the issue, giving reasons for the decision.In nuanced decision-making, the judge discusses the issue from multiple perspectives, in particular the conduct of the attorneys, parties, and third parties affected by the issue, sending messages to those involved in the issue about the judge's expectations regarding their conduct.After considering these nuances, the judge decides the case.In both polar and nuanced decision-making, the judge fulfills his or her primary obligation to decide the matter before the judge.However, they differ because polar decision-making leads to a "yes/no" conclusion, while nuanced decision-making leads to multiple possibilities that need to be weighed against each other.Part III of the Article explains my concept of a philosophy of lawyering and distinguishes among four philosophies: client centered, moral, institutional, and defensive.Part IV argues that a structure of ethical decision-making based on choice among the four philosophies is polar and can be improved by a model of nuanced * Adjunct Professor of Law, NYU School of Law, Managing Member, Crystal & Giannoni-Crystal, LLC, www.cgcfirm.com. 1 835 F.2d 479 (3d Cir.1987).On appeal the Sixth Circuit considered the following bases for sanctions under Rule 11: 2
Author: Nathan M. Crystal
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4403485520