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Nebraska Law Bulletin (Selected Issues)

Date of this Version

7-12-2018

Document Type

Article

Citation

Nebraska Law Bulletin (July 12, 2018)

Comments

Copyright 2018, the author

Abstract

Under our democratic system of governance, decision-makers for government institutions have a duty to foster the trust of society at large in the decisions they make on behalf of their institutions. For inside—i.e., public—lawyers, this duty to foster trust constitutes an ethical responsibility requiring them, during their decision-making processes, to take into account the extralegal considerations affecting the public’s willingness to trust and accept their decisions. At a time when the majority of the American public does not trust its government, and while claims of “fake news” seek to deepen that distrust by undermining the credibility of government institutions, inside lawyers must give practical effect to this ethical responsibility.

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