Ethics

    In 2006, I published an article, ?In Praise of Overzealous Representation ? Lying to Judges, Deceiving Third Parties, and Other Ethical Conduct,? 34 Hofstra L.Rev. 771.  A 2008 article in Case Western Reserve L. Rev. purports to rebut that article on the issue of lying to judges.  It does so, however, by omitting or misrepresenting some of my arguments and by abbreviating another argument so as to deprive it of any persuasive force.  In addition, the article misrepresents the ethical rules on an important issue.  The result is to make my position appear to be not just wrong, but foolish.

    I hope, therefore, that anyone who might be interested in what I have to say about lying to judges will rely on the article itself rather than on the distorted version of it in the Case Western article.  You might still find it to be wrong or even foolish, but at least your opinion will be based on what I actually said.