The Invisible Remainders of Lawyers’ Fidelity to the Law

This paper builds on Wendel's significant contribution to legal ethics, specifically his concept of the “moral remainders” arising from lawyers’ conduct. Wendel presents his theory using simplified cases, some of which help clarify his thesis, while others leave important complexities unaddressed. The paper has two main goals: First, it expands Wendel's framework to incorporate complex scenarios involving multiple conflicting moral requirements, revealing “invisible remainders” that simpler cases overlook. Second, it addresses Wendel's omission of situations where conflicting demands of fidelity to the law create distinct “legal remainders.” By introducing this category, the paper aims to refine and deepen Wendel's theory to better reflect the complexities of legal ethics.