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.
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.
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.
Business & Economics by Geoffrey C. Hazard,Angelo Dondi
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.
Law by 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.
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.
Business & Economics by Jonathan S. Lynton,Terri Mick Lyndall
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
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.
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."
Changes in the way law is practiced, and who practices it, demand a new approach to legal ethics and professional responsibility--one that stresses personal responsibility over professional regulation. Hutchinsons book is an accessible introduction to the topic and a provocative call to arms for the profession. This edition includes analysis of the Canadian Bar Associations 2006 Code of Professional Conduct.
Legal ethics by Daniel David Ntanda Nsereko,Kholisani Solo
By avoiding the complexities of many textbooks, this book aims to provide students with a clear understanding of the legal practice and ethics, so that they can then build on their knowledge, and returning to this book for revision purposes.
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.
George William Warvelle, 1852-1940, was a legal paragon in his time; a Professor of Law in Chicago; a prominent legal scholar; and the author of many law volumes still in print and found in law offices and libraries today. This book was first published in 1902 in an era of no radio, no TV, or other electronic wastelands; an era when man communicated with conversation, reading and writing. The book is by a lawyer and was aimed at the then law students and practicing lawyers; however, the lessons therein are of historical interest to any lawyer or scholarly person today.
This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a course on Professional Responsibility. The book is very accessible for law students (and their professors). The chapters can be used in any combination and in any order. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students' understanding of their own system.