Inside Lawyers Ethics
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Author | : Leslie C. Levin |
Publisher | : University of Chicago Press |
Total Pages | : 401 |
Release | : 2012-03-30 |
Genre | : Law |
ISBN | : 0226475158 |
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Author | : Richard Moorhead |
Publisher | : Bloomsbury Publishing |
Total Pages | : 408 |
Release | : 2018-11-29 |
Genre | : Law |
ISBN | : 1509905936 |
This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, 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 will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Monroe H. Freedman |
Publisher | : LexisNexis |
Total Pages | : 426 |
Release | : 2016 |
Genre | : Attorney and client |
ISBN | : 9781632845078 |
Understanding the rules of lawyers' ethics -- The adversary system -- The lawyer's virtue and the client's autonomy -- Zealous representation : the pervasive ethic -- Lawyer-client trust and confidence -- The perjury trilemma -- Counseling clients, coaching witnesses, and cross-examining to discredit the truth -- The impartial judge -- Conflicts of interest : the ethic of prevention and of apperances -- Prosecutors' ethics -- Solicitation of clients : the professional responsibility to chase ambulances -- Lawyer's ethics in a time of crisis or change.
Author | : Daniel Markovits |
Publisher | : Princeton University Press |
Total Pages | : 374 |
Release | : 2010-12-28 |
Genre | : Philosophy |
ISBN | : 1400828988 |
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.
Author | : Susan D. Carle |
Publisher | : NYU Press |
Total Pages | : 442 |
Release | : 2005-08-22 |
Genre | : Law |
ISBN | : 0814716393 |
Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.
Author | : William H. Simon |
Publisher | : Harvard University Press |
Total Pages | : 265 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780674002753 |
William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.
Author | : Ann Southworth |
Publisher | : West Academic Publishing |
Total Pages | : 1138 |
Release | : 2018 |
Genre | : |
ISBN | : 9781640206625 |
As a part of our CasebookPlus offering, you'll receive a new print book along with lifetime digital access to the downloadable eBook. In addition, you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and three leading study aids in that subject and the Gilbert� Law Dictionary. The included study aids are Acing Professional Responsibility, Exam Pro on Professional Responsibility, Objective and Legal Ethics in a Nutshell. The redemption code will be shipped to you with the book. With clear and concise explanations of all basic concepts in the law of lawyering and all topics tested on the MPRE, this accessible book allows professors to satisfy the ABA professional responsibility requirement with a course that students find highly engaging and useful. Unlike most professional responsibility textbooks on the market, however, it links ethics issues to portraits of the practice contexts in which they typically arise for real lawyers, helping students appreciate their relevance in contemporary practice. It also introduces students to the rich empirical literature on the profession, teaching them about the profession's overall composition and organization as well as huge variation in the practice settings, types of work, and daily experiences of American lawyers and their clients. It describes powerful economic and cultural forces that are reshaping the legal profession, and it explores current controversies relating to access to justice, globalization, technology, diversity, and legal education. It invites students to reflect on their place in the profession and how they will navigate the turbulent landscape to chart successful, rewarding and responsible careers in almost any type of practice today's law graduates might enter. Every chapter also contains problems that can be used in class discussion or as written exercises. This is the only PR book on the market that provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for first-year students, but it also works very well for second and third year courses.
Author | : Megan Zavieh |
Publisher | : |
Total Pages | : 177 |
Release | : 2021 |
Genre | : Law offices |
ISBN | : 9781641058384 |
"With guidelines on topics from ethics to office management, changes in payment technologies, managing client expectations, and gaining competence in new practice areas, this book will prepare you for lawyering in today's world and in tomorrow's"--
Author | : Duncan Alexander Webb |
Publisher | : Butterworth-Heinemann |
Total Pages | : 576 |
Release | : 2000 |
Genre | : Law |
ISBN | : |
A text for lawyers and students of law which explores theoretical foundations, professional ethical requirements, the lawyer-client relationship, conflicts of interest, duties to the administration of justice, and duties in legal practice. The NZ Law Society's 'Rules of Professional Conduct' 1998 are included. Webb lectures in Law at Victoria University.