Author: Kent Kauffman
Publisher: Cengage Learning
With its practical, hands-on approach to legal ethics, the third edition of LEGAL ETHICS is designed to ensure that readers have a solid grasp of the ethical rules that apply in the legal setting. Comprehensive yet easy to understand, this engaging book provides a thorough and substantive analysis of the major principles that affect how the practice of law is regulated. Filled with real-life examples of lawyer and non-lawyer instances of misconduct, current and classic case law, and discussions of famous (and infamous) people, this straightforward book brings the material to life and demonstrates how courts interpret and apply ethical rules to lawyers and their non-lawyer employees. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Jonathan Herring,Professor in Law at Exeter College Jonathan Herring
Publisher: Oxford University Press
Who would or should defend a potential murderer in court? How do professions regulate themselves? Is 'no win-no fee' an ethical system? Where is the line in a 'suitable' client-advocate relationship? Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct. Features throughout the textbook to aid student learning include the highlighting of key cases, principles, and definitions; the inclusion of a variety of viewpoints through coverage of cases, popular media, and scholarly articles; and use inclusion of 'digging deeper' and 'alternative viewpoint' boxes which encourage critical reflection and better understanding of key theories and topics. The well developed online resource centre includes Podcasts linked to the 'what would you do' chapter features, video debates, relevant updates and web links.
A Handbook for Zimbabwean Lawyers
Author: B. D. Crozier
Publisher: African Books Collective
This handbook is organised into eight parts: What are Professional Ethics?; Nature and Structure of the Profession; Common-law Ethical Duties of a Legal Practitioner; Statutory Duties of a Legal Practitioner; Administering Oaths; Cessation or abandonment of practice; Disciplinary Proceedings; and Judges Magistrates and Prosecutors.
Author: ABA Center for Professional Conduct
Publisher: American Bar Association
The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.
Adversary Advocacy in a Democratic Age
Author: Daniel Markovits
Publisher: Princeton University Press
A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.
A Comparative Study
Author: Geoffrey C. Hazard,Angelo Dondi
Publisher: Stanford University Press
Category: Business & Economics
Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.
Author: Charles W. Wolfram
Publisher: West Academic Publishing
Authoritative coverage focuses on a lawyer's fiduciary responsibility. Text describes the legal profession's self-regulatory system and the professional codes that have emerged. Examines lawyers and the legal profession, including regulation and discipline. Provides a detailed discussion of the client-lawyer relationship. Judges and the quality of justice are also addressed. Provides systematic examination of the issues covered in the 1969 Code of Professional Responsibility and the 1983 Model Rules of Professional Conduct.
Author: Donald Nicolson,Julian S. Webb
Publisher: Oxford University Press on Demand
This study provides an in-depth analysis and critique of the ethics of English and Welsh lawyers. It argues that professional legal ethics has faile to deliver an approach which required lawyers to engage with the ethical issues raised by practice.
Author: Richard Wydick,Rex Perschbacher,Debra Bassett
Publisher: West Academic Publishing
The new Ninth Edition of California Legal Ethics reflects extensive updating to integrate new cases and current issues, while keeping its practical, problem-centered focus. The new edition contains more than a dozen new Discussion Problems and nearly a dozen new cases, and integrates readings on current issues. The chapter addressing bias has been extensively reworked to include both recent cases and readings that address the concept of unconscious bias. Approachable, concise, and up-to-date, this practical new edition ensures that students understand the potential ethical pitfalls encountered in the practice of law.
Author: Ross Cranston
Publisher: Oxford University Press on Demand
Among members of the legal profession and judiciary throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. Nor is it difficult to see the professional standards are not completelydivorced from ordinary morality. Indeed, legal ethics and professional responsibility are more than a set of rules of good conduct; they are also a commitment to honesty, integrity, and service in the practice of law. In order to ensure that the standards established are the right ones, it isnecessary first of all to examine important philosophical and policy issues, such as the need to reconsider the boundaries between, on the one hand, a lawyer's obligation to a client and, on the other, the public interest. It is also to be appreciated that conflicts of interest are pervasive andthat all too often they are so common that they are not recognized as such. Yet rarely is public policy clearly cut. The underlying themes of this book are: * that the move to more definite rules is not only inevitable but also desirable * that existing codes of professional practice cannot simply be treated as a system of specific rules * that the current set of ethical rules is contestable and requires further refinement, perhaps even radical surgery * and that legal ethics must be conceived in the more general area of professional responsibility The wider ethical issues of the operation of the legal profession as a whole are now firmly on the agenda. Both law schools and law professionals have a role to play in developing acceptable standards in this area and it is therefore appropriate that the essays in this volume are written by adistinguished group of law teachers and practitioners together with senior members of the judiciary. The book opens with an overview chapter, followed by three chapters analysing the ethical rules pertaining to the judiciary, the Bar, and solicitors, written by, respectively, the Master of the Rolls, Anthony Thornton, and Alison Crawley and Christopher Bramall. The following three chapters lookat the specific issues of confidentiality (Michael Brindle and Guy Dehn) and the particular ethical problems in the family and criminal law jurisdictions (Sir Alan Ward and Professor Andrew Ashworth respectively). Chapter 8, by Sir Alan Paterson, discusses the teaching of legal ethics, whilstChapters 9 and 10, by Marc Galanter, Thomas Palay, and Cyril Glasser put the subject in its wider social and professional context. The book finishes with a chapter which examines what lawyers may learn from looking at the study of medical ethics.
Author: Jonathan S. Lynton,Terri Mick Lyndall
Publisher: Cengage Learning
Category: Business & Economics
Starting with an overview of ethics in legal practice, this book introduces learners to this fascinating and vitally important aspect of law. Readers will learn the major areas where ethical dilemmas arise, and what to expect in specialized fields such as family and criminal law. Confidentiality, conflict of interest, and unauthorized practice are among the subjects covered as readers learn how law practice is regulated and how they can bring ethical awareness to the work place! ALSO AVAILABLE INSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDER Instructor's Manual, ISBN: 0-8273-5506-8 Computerized Test Bank, ISBN: 0-8273-6245-5
Text and Materials
Author: Richard O'Dair
Publisher: Cambridge University Press
This new title examines all issues concerned with legal ethics. Part one looks at lawyers' ethics including professionalism and the English legal profession and professional regulation. Part two addresses specific topics in legal ethics including confidentiality, criminal defence and prosecution, counselling, negotiation and conflict of interest.
Corporate Lawyers and the Perversion of Justice in America
Author: Ralph Nader
Publisher: Random House Incorporated
Reveals how corporate lawyers abuse the American legal system and calls for reform that would streamline justice and cut legal costs.
Taking Stock and New Ideas
Author: Kieran Tranter,Francesca Bartlett,Lillian Corbin,Michael Robertson,Reid Mortensen
It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. The contributors also look at the theme of affirmation. Within an increasingly complex environment of change and dynamism, this volume reaffirms that there is value within the field of legal ethics. That is the project of reflecting on the unique ethical and conduct requirements of lawyering can not be submerged into a broader field of applied philosophy, management or regulatory studies. While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.
Author: Michael Robertson,Lillian Corbin,Kieran Tranter,Francesca Bartlett
The contributions in this volume suggest that "the ethics project in legal education" is increasingly an international one. Even though the strength of commitment by both the profession and the legal academy to "ethics learning" within law schools varies, two fundamental questions confront all who work in this area. First, what is it that we want our students to learn (or, perhaps, in what manner do we want our students to develop) from the teaching of "legal ethics"? Second, how can we create a learning environment that will encourage the nature and quality of learning we think is important? All the contributors to this volume take a strong stand on the importance of ethical legal practice and the role of law schools in developing students’ capacities in this area. They share a belief in the essential need to encourage law students to engage with the moral dimensions of legal practice. The questions that these scholars grapple with are therefore not of the "should we be teaching this?" variety, but "how might we best to go about doing this, so that our efforts within law schools really make some difference?" Each of the chapters in this volume adds uniquely to our understanding of these matters.
Author: Deborah Rhode,David Luban,Nora Engstrom,Scott Cummings
Publisher: Foundation Press
Combining rigorous analysis of the professional rules of lawyer conduct with extensive interdisciplinary materials on the legal profession and ethics, this casebook offers a unique perspective on the professional challenges facing contemporary lawyersâe"and their opportunity to promote the public good. The book combines real-life problems, doctrinal and statutory analysis, and carefully-edited readings to offer a comprehensive and critical examination of the role of lawyers as client representatives and democratic citizens. Many of the chapters can be used as independent units for courses focusing on ethical problems in corporate practice, tax practice, family law, and public interest law. The seventh edition also includes extensive revisions that provide new analysis of core professional rules, enhanced organizational formats, and critical additions to the case law and professional literature. Key changes include expanded coverage of how the lawyer-client relationship begins and ends; important updates to the materials on confidentiality, conflicts of interest, and market regulation; and new research on access to justice and the challenges to contemporary legal education. For a more detailed description, please click on Changes in New Edition below.
Legal Ethics as a Source for a Universal Ethic
Author: Vincent Luizzi
Publisher: SUNY Press
In suggesting that general ethics be modeled on legal ethics, this book is a call for more creativity in our moral experience. Luizzi argues that lawyers regularly re-think their roles and the rules related to these roles. Their rejection of a prohibition on advertising, for example, was part of their re-thinking of the traditional view of the lawyer s noble calling, one for whom advertising was inappropriate. What this says for general ethics is that we are to become active participants in defining our roles. Our daily experiences can help us in constructing fresh and better conceptions to guide us. A Case for Legal Ethics rejects fixed conceptions of human nature and extends our constructive efforts beyond specific roles to human nature itself and to our environments. Luizzi appeals to role modeling, both to keep our constructed conceptions within moral bounds, and to develop the literature on moral education. We must be willing for others to imitate us as we live according to the conceptions we construct."
Author: Mortimer Schwartz,Richard Wydick,Rex Perschbacher,Debra Bassett
Publisher: West Academic Publishing
The new Twelfth Edition of the popular Problems in Legal Ethics reflects significant updating to integrate current events, new cases, and practical issues, while keeping its problem-centered focus. The new edition contains extensive additions addressing attorney impairments (including alcoholism, substance abuse, and depression) and client impairments (including diminished capacity). The bias chapter has been significantly reworked, updating statistics and studies, adding a new section on age bias, and adding references to overriding unconscious bias. Approachable, concise, and up-to-date, this practical new edition ensures that students understand the potential ethical pitfalls encountered in the practice of law.