Manatt Appellate Senior Counsel Michael Berger authored an article for Daily Journal about unique ethical issues that arise in property litigation, especially regarding government action that strictly regulates the use of property.
"Indeed, the Supreme Court has repeatedly said that basic equitable principles of fairness are involved in the relationship between government agencies and property owners," said Berger. However, there have been many instances where some actions that do not immediately appear to be illegal have been permitted by courts, when they ought not to have been for ethical reasons. "The point is simply this: Government agencies, like all citizens, have an obligation to act not only legally, but morally."
Daily Journal subscribers can read the full article here.