Regulating Lawyers Through Disciplinary Systems

Regulating Lawyers Through Disciplinary Systems
Author: Kay-Wah Chan
Publisher: Taylor & Francis
Total Pages: 90
Release: 2023-12-04
Genre: Law
ISBN: 1003827276

This book offers comparative analyses on issues in lawyer regulation in England and Wales, Japan, Myanmar, New Zealand and Singapore. It examines the lawyer disciplinary systems in different jurisdictions through diverse and comparative perspectives. In addition to enriching the literature on legal ethics, contributions also highlight areas for future research regarding the legal and other professions in different jurisdictions and the methodologies that may be applied. Chapters examine common issues faced by lawyer disciplinary systems throughout the world, such as: transparency of regulatory outcomes, which varies widely and provides challenges to assessing the effectiveness of lawyer regulatory systems whether systems tilt too much toward protecting lawyers and if a move from self-regulation to independent regulators yields better outcomes changes in demographics of the legal profession and regulatory changes posing challenges in longitudinal studies of regulatory systems disciplining of repeat actors raising questions of the deterrence goals of a regulatory system deviation of systems that maintain tight state control over the legal profession from both United Nations and other international norms for lawyer discipline the role of pro bono obligations and the discourse around legal ethics Regulating Lawyers Through Disciplinary Systems will be an invaluable resource for scholars, practitioners and regulators of the legal profession, while also appealing to those interested in legal and other professional ethics. This book was originally published as a special issue of the International Journal of the Legal Profession.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
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.

Model Rules for Lawyer Disciplinary Enforcement

Model Rules for Lawyer Disciplinary Enforcement
Author: American Bar Association. Standing Committee on Professional Discipline
Publisher: American Bar Association
Total Pages: 106
Release: 2001
Genre: Law
ISBN:

"The ABA model rules for lawyer disciplinary enforcement were adopted by the American Bar Association House of Delegates on August 11, 1993, and amended in 1995, 1996 and 1999"--T.p. verso.

Lawyers in Practice

Lawyers in Practice
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.

Regulation of Lawyers

Regulation of Lawyers
Author: Stephen Gillers
Publisher: Aspen Publishers
Total Pages: 1128
Release: 2002
Genre: Law
ISBN:

For its Sixth Edition, this extremely popular casebook continues to mix up-to-date materials with realistic problems to illustrate and demonstrate the full range of ethical issues facing lawyers and judges. Regulation of Lawyers builds on the strengths that earned it such widespread adoption: written by Professor Stephen Gillers, a recognized national authority on the subject in-depth, thorough treatment of the issues in a lively, accessible style covers the full range of professional responsibility topics, including conflicts of interest, special lawyer roles, and avoiding and redressing professional failure with three chapters on control of quality realistic problems (many of which are new or revised) help students Understand The rules and regulations that will govern their professional behavior combines cases, law review articles, excerpts from a wide variety of popular sources, and engaging problems to give variety and vividness accompanied by the most comprehensive annual statutory supplement in the field Regulation of Lawyers: Statutes and Standards, co-authored by Roy D. Simon with major, minor, and state variations of the rules governing lawyers and judges the Sixth Edition incorporates important new material: the no-contact and other ethics rules as they apply to state and federal law enforcers proposed changes in the Model Rules of Professional Conduct new cases on excessive fees (Matter of Fordham), using gender biased terms in a deposition (Mullaney v. Aude), liability for securities and common law fraud arising out of a negotiation for investment in a business (Rubin v. Schottenstein, Zox, & Dunn), And The unauthorized practice of law by lawyers from outside a state (Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court) coverage of the Clinton/Lewinsky matter And The ethical questions raised by the investigation conducted by Ken Starr to give students a clear understanding of their professional responsibilities from the client-lawyer relationship to their First Amendment rights use the casebook that has been proven effective in the classroom: Gillers' Regulation of Lawyers, Sixth Edition .

Lawyers on Trial

Lawyers on Trial
Author: Richard L. Abel
Publisher:
Total Pages: 514
Release: 2011
Genre: Law
ISBN: 0199760373

People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.

Professional Responsibility

Professional Responsibility
Author: Nathan M. Crystal
Publisher: Aspen Publishing
Total Pages: 845
Release: 2024-02-01
Genre: Law
ISBN:

Professional Responsibility: Problems of Practice and the Profession, Eighth Edition, is known for its flexibility and adaptability to different teaching methods and student learning styles. The text is easily adaptable to a variety of teaching methods, including question and answer discussion of text and problems, role play, student presentations, guest speakers, and writing seminars. The book is structured to enable instructors to present the materials doctrinally or by area of practice. The extensive multifaceted problems provide instructors with a wide range of options for presenting the material. The authors have carefully crafted the text so that reading assignments are reasonable – typically 10-15 pages for a one-hour session and 20-25 pages for a two-hour session. The book offers three types of problems, each of which has a specific purpose in the student’s ethical education. The text and principal discussion problems are designed to help students develop the ability to make sound judgments for difficult questions of professional responsibility. Each chapter contains Rule Review questions that present multiple hypotheticals enabling students to understand the scope and limitations of important rules of professional conduct. Multiple-choice assessment questions at the end of each chapter with detailed answers help the students review major concepts in the chapter and prepare for the MPRE. New to the Eighth Edition: Length shortened by almost 200 pages, to focus on the most important ethical issues for two-hour courses, which are now the standard. A number of problems have been moved from the text to the website and are still available for professors who have used them in the past. More in-depth discussion of the duty of confidentiality, including comparing the scope of the duty of confidentiality in New York, the District of Columbia, and California with ABA Model Rule 1.6; examining the concepts of use and disclosure; and adding analysis of the “possession exception” to the duty of confidentiality focusing on the lawyer’s decision to take possession of such evidence and the distinction between tangible criminal material and real incriminating evidence. Coverage of a number of contemporary issues involving ethics and technology, including ethical propriety of a lawyer responding to on-line criticism and the ethical aspects of a lawyer’s use of artificial intelligence. Additional material on the obligations of defense counsel and prosecutors, including defense counsel’s obligations when advising a client regarding a competency defense and new problem material on prosecutors’ ethical obligations under Rule 3.8 dealing with evidence of a wrongful conviction. Revised material on delivery of legal services, including new material on removal of restrictions on the unauthorized practice of law, comments on legal services plans and delivery of legal services in criminal cases, and pro bono services offered by law firms. Post-2020 ethical issues, including the application of the crime-fraud exception to the attorney-client privilege and issues of frivolous claims in litigation involving the 2020 Presidential election; new material on Justice Department investigation of “pattern and practice” investigations of a number of city police departments; and scrutiny of financial benefits received by Supreme Court Justices. Benefits for instructors and students: Realistic problems that develop students’ ability to make sound judgments. Emphasis on guiding students to articulate a cogent philosophy of lawyering. Innovative, flexible organization suited to a variety of courses and clinical programs. Organized by major doctrinal concepts, such as confidentiality and conflicts of interest. Offers alternative organization by area of practice. Modular organization for professor choice. Manageable length. Extensive Teacher’s Manual suggests lessons, sample syllabi (for two- and three-hour classes), Q & A, and role-playing models. Multiple-choice assessment questions and answers located at the end of each chapter to prepare students for the MPRE. PowerPoint slides dealing with fundamental concepts and the basic problems presented in the book. Essay questions with outlines of answers on the course website that instructors can use for class discussion or student review.