Justice Kennedy’s “See Also” reference to the ABA Model Code of Professional Responsibility

If one is interested only in things that can be found somewhere in the grand scheme of things, this post may not be of much interest.  It is about a “See Also” citation in a dissenting judicial opinion.  That the opinion is by a Justice of the Supreme Court does not improve its status.  On the other hand, legal ethics and the law of lawyering are at the center of the grand scheme of things that matter to the legal profession.  Perhaps then, Justice Kennedy’s “See Also” citation to the Model Code of Professional Responsibility in his dissenting opinion in Melendez-Diaz v. Massachusetts, 557 U.S. ______ (2009) is worth a look if only to ask why Justice Kennedy would cite an outdated source for the proposition that lawyers have a duty to represent clients zealously within the bounds of the law.

H/T Legal Ethics Forum