Lawyers Clients And Moral Responsibility
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Author | : Thomas L. Shaffer |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Legal ethics |
ISBN | : 9780314190833 |
This edition explores the place of moral and social values in the law office with the use of engaging stories, dialogues, and discussion. The book presents a practical way for lawyers to raise and discuss moral issues with clients. It will serve as an engaging supplement to professional responsibility, client counseling, and legal clinic courses. This edition adds substantial discussion of the place of moral discourse within law firms and corporations, ways to engage the powerless client in moral discourse, and the place of social justice in client counseling.
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 | : Richard Scragg |
Publisher | : |
Total Pages | : 438 |
Release | : 2018 |
Genre | : Attorney and client |
ISBN | : 9781988553368 |
The Ethical Lawyer: Legal Ethics and Professional Responsibility is a guide to ethical conduct and client care which traces the developments in the field of legal ethics and professional responsibility that have occurred in New Zealand over the past 20 years and examines what it means to be an ethical lawyer in New Zealand today.The book also provides a highly readable resource for learning the rules governing professional conduct. Its primary purpose is to (a) focus on the key ethical issues that lawyers encounter on a day-to-day basis in their practices, and (b) give lawyers an easy-to-follo.
Author | : W. Bradley Wendel |
Publisher | : Princeton University Press |
Total Pages | : 300 |
Release | : 2012-08-26 |
Genre | : Law |
ISBN | : 0691156212 |
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
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 | : Tim Dare |
Publisher | : Routledge |
Total Pages | : 182 |
Release | : 2016-03-16 |
Genre | : Law |
ISBN | : 1317037154 |
There is a widespread perception that even when lawyers are acting squarely within their roles, being good lawyers, they display the vices of dishonesty and deviousness. At the heart of the perception is the so called standard conception of the lawyer’s role according to which lawyers owe special duties to their clients which render permissible, or even mandatory, acts that would otherwise count as morally impermissible. Many have concluded that the standard conception should be set aside. This book suggests that the moral implications of the standard conception are often mischaracterised. Critics suggest that the conception requires lawyers to secure any advantage the law can be made to give. But Dare offers a moral argument for the conception, according to which it justifies a more limited and moderate sphere of professional conduct than is normally supposed, allowing lawyers to preserve their integrity while giving proper weight to the role-differentiated permissions and obligations of their roles.
Author | : David Luban |
Publisher | : |
Total Pages | : 337 |
Release | : 2007 |
Genre | : Dignity |
ISBN | : 9780511354427 |
A wide-ranging collection of essays from a leading scholar of legal ethics.
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 | : Ross Cranston |
Publisher | : Oxford University Press on Demand |
Total Pages | : 234 |
Release | : 1995 |
Genre | : Law |
ISBN | : 9780198259312 |
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 | : Alice Woolley |
Publisher | : |
Total Pages | : 763 |
Release | : 2012 |
Genre | : Legal ethics |
ISBN | : 9780433467748 |