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DON’T IGNORE MILITARY BIAS To the editor: According to George Mason University School of Law professor Eugene Kontorovich [" Put Ethics on the Front Line," Sept. 22, 2003], allowing the armed forces to recruit lawyers on campus is substantially the same as providing legal representation to a client needing a lawyer. Indeed, he contends that there is an ethical obligation to allow such recruitment, even though JAG recruiters expressly reject in advance openly gay or lesbian law students regardless of their credentials. His thesis continues, that for a law school to allow recruitment on campus is not necessarily to endorse the anti-gay views held by the “client.” All of this is advanced to encourage law schools that ban discrimination based on sexual orientation to overlook their principle of anti-discrimination because the Army (and Navy and Air Force) need lawyers. Of course, pending the outcome of a recently filed lawsuit challenging a law that allows federal funds to be withheld from schools that bar military recruiters, all of this is academic. But one expects better analogies from an academic, especially a law professor. If the professor insists on the client-hiring-a-lawyer rubric, here is perhaps a more apt analogy: to permit the military on campus to hire lawyers is similar to a law firm allowing a potential client to come into its offices and openly offend women, African-Americans, Asians, and other groups whose outward characteristics have nothing to do with their ability to provide legal services. Nothing in the Sixth Amendment right to counsel, and no ethical rule of which I am aware, prevents a lawyer in such circumstances to decline representation to a bigot. One “shared value of the legal profession” that the professor overlooked is standing up for what one believes in, and what is right. Christopher Wolf Proskauer Rose LLP Washington, D.C.

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