Practical Moral Philosophy for Lawyers

Scene 3: More Law Office Talk Between Lawyers

Consider the following conversation between Rodney Simmons and his senior colleague, Mrs. Stagg, from Louis Auchincloss, The Partners 32-34 (1973):

A case came up at last that made him wonder if he would not be believed to discover that his new boss was simply neutral in matters of morals. She asked him to review one of her estate plans whereby the rich husband of an incompetent was enabled to set up a trust in such a way as to throw the bulk of his estate taxes on his wife's children by a prior marriage, leaving the trust principal intact for his own.

"But the widow's property will all be gobbled up!"
 
"I don't know what you mean by 'gobbled up,' Mr. Simmonds."
 
"I mean that Mr. Pierson will have shoved the taxes that properly belong on his estate off on his wife's. His children will end up rich while hers are bust."
 
"It's an odd situation, certainly. I think I have handled it to the maximum advantage of my client."
 
Ronny stared. "But does Mr. Pierson know about his wife's will and the effect of this?"
 
Mrs. Stagg smiled thinly. "One thing you'd better learn right away, Mr. Simmonds, is never to ask what clients know. Mr. Pierson does not come to One New Orange Plaza for spiritual advice. He wants to look after his incapacitated wife with the minimum injury to his offspring. I think that is precisely what my plan will effect."
 
"You don't care that it does a hideous injustice?"
 
Oddly enough Mrs. Stagg did not seem to mind his intemperate language. "Is it illegal?"
 
"No."
 
"Is it unethical? By our professional canons?"
 
"I suppose not."
 
"Then I suggest, Mr. Simmonds, that it is my simple duty to accomplish what the client wishes accomplished. If a man chooses to leave his money to one person and not to another, is it my business to tell him he shouldn't?"
 
"Maybe not. But a paltry trick like this! To take advantage of a poor woman's incompetence to strip her children of their inheritance! How can you, Mrs. Stagg? I'm shocked!"
 
Her thin smile broadened a bit. "Well, I guess it's something to have shocked a veteran from Vietnam. We won't discuss it further. Leave the outline there."
 
She turned to her mail, but Ronny still stood there.
 
"Is that all?" he asked.
 
"What else should there be?"
 
"Do you care to have an associate working for you who thinks so poorly of your estate plan?"
 
"I don't care what any associate thinks of me, Mr. Simmonds. I am simply glad that you saw the point so promptly and that you agree with my analysis. Surely, there won't be many cases where you have to resort to conscientious objection. I suggest you forget this one."
 

Course Readings     Home Page