Lawyers Ethics and Professional Responsibility

Author: Andrew Boon
Publisher: Bloomsbury Publishing
ISBN: 9781509901807
Release Date: 2015-08-27
Genre: Law

This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.

Model Rules of Professional Conduct

Author: ABA Center for Professional Conduct
Publisher: American Bar Association
ISBN: 1604425172
Release Date: 2009
Genre: Law

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.

Understanding Lawyers Ethics

Author: Monroe H. Freedman
Publisher: LexisNexis
ISBN: 9781422486351
Release Date: 2010-11-05
Genre: Law

This Understanding treatise presents a systematic position on lawyers' ethics. The authors argue that lawyers' ethics is rooted in the Bill of Rights and in the autonomy and the dignity of the individual. This traditionalist, client-centered view of the lawyer's role in an adversary system corresponds to the ethical standards that are held by a large proportion of the practicing bar. From this perspective, the authors of Understanding Lawyers' Ethics analyze the fundamental issues of lawyers' ethics, and particularly the ABA's Model Rules and Model Code. Even if students do not share the authors' viewpoint, they can benefit from this presentation because it challenges them to appreciate the underlying reasons for the position presented. This treatise is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment. The Fourth Edition includes: • A new section on Law vs. Justice, in addition to the section on Moral Values and Ethical Choices • The debate between Mike Tigar and Freedman on morality in lawyering. • A new chapter on Lawyers' Ethics in a Time of Crisis • A chapter on Judicial Ethics, with analysis of Caperton v. Massey Coal Co. and White v. Republican Party of Minnesota, as well as critical commentary on the failure of several Supreme Court justices to recuse themselves when required by the Constitution and by statute to do so • A concise but comprehensive chapter on Prosecutors' Ethics • A demonstration that the corporate-fraud "report up" and "report out" provisions have been deliberately drafted to defeat their purported purpose • Harmonization of Primus and Ohralik, showing that even in-person solicitation of clients is entitled to a level of First Amendment protection • An on-line debate among Steve Gillers, three practicing lawyers, and Freedman about professionalism, and whether a lawyer should take advantage of an adversary's mistake • A candid chapter on Counseling Clients, Coaching Witnesses, and Cross-Examining to Discredit the Truth

Lawyers Ethics and the Pursuit of Social Justice

Author: Susan D. Carle
Publisher: NYU Press
ISBN: 9780814716403
Release Date: 2005-08-22
Genre: Law

Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.

Ethics Professional Responsibility and the Lawyer

Author: Duncan Alexander Webb
Publisher:
ISBN: 1927227828
Release Date: 2016-03
Genre: Legal ethics

Since the last edition of Ethics, Professional Responsibility and the Lawyer was published the Lawyers and Conveyancers Act 2006 has been enacted and Rules of Conduct and Client Care replaced the Rules of Professional Conduct for Barristers and Solicitors in 2008. Consequently there have been huge changes to the field of legal ethics. This new edition incorporates these changes and the relevant jurisprudence and includes expanded analysis of associated key topics including: lawyer-client relationships and conflicts; client confidences; privacy; and duties of care. Legal ethics is a compulsory course for all New Zealand law students and an integral part of the lawyers' professional life making Ethics, Professional Responsibility and the Lawyer a must-have text for all current and aspiring lawyers.; Reflects and discusses the changes to the legal profession (and its ethical and professional responsibility requirements) with the implementation of Lawyers and Conveyancers Act (2006) and the new rules of Conduct and Client Care ; Expanded discussion of duties of client care; privacy; litigation duties and confidence; Clarification of distinctions between confidentiality and privacy; Extensive revision of sections on lawyer-client relationships especially the cab-rank rule and termination and lawyer-client conflicts

Professional Responsibility in Focus

Author: John P. Sahl
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454877585
Release Date: 2017-09-26
Genre: Law

This first-edition casebook, part of our expanding Focus series, offers a comprehensive, practice-oriented approach to the legal and ethical rules governing lawyers and judges. By providing real-world scenarios throughout the text, this casebook gives students numerous opportunities to apply what they learn and solidify their understanding of important concepts. Clear explanatory text, case previews, and case follow-ups further clarify the rules and aid in student understanding. The casebook begins with an introduction to the legal profession, and follows with concise, well-written chapters on the attorney-client relationship, covering competence, confidentiality, and conflicts of interest; discussion of the lawyer as advocate; special issues in criminal practice; coverage of delivery of legal services and access to justice, and a final chapter on judicial ethics. The first chapter on moral responsibility of lawyers helps situate and contextualize the rule-centric discussion of legal ethics that follows, by inviting students to appreciate the various roles that lawyers play in the legal system, their responsibilities to multiple stakeholders, and competing values at play in professional regulation. Key Benefits: Key Concepts at the beginning of each chapter. Highlighted cases introduced with a Case Preview. Post-Case Follow-ups expand on the holding in the case. Real Life Applications present opportunities to challenge students to apply concepts covered in the case to realistic hypothetical cases. Several features at the end of each chapter to help students better understand the material: Applying the Rules, Summary, Professional Responsibility in Practice The experiential approach of the Focus series provides more opportunities for critical analysis and application of concepts covered in the chapters. Extensive discussions and materials exploring the impact of technology on the delivery of legal services and the ways in which technological changes impact lawyers’ professional duties. The chapter on access to justice and pro bono services takes a comprehensive look at the sources of the justice gap and proposed solutions.

Inside Lawyers Ethics

Author: Christine Parker
Publisher: Cambridge University Press
ISBN: 9781316642009
Release Date: 2018-07-03
Genre: Law

Inside Lawyers' Ethics offers a practical examination of the moral and ethical dilemmas that legal professionals may encounter in the professional environment. The text provides comprehensive coverage and analysis of general philosophical approaches to morality as well as the legal frameworks which govern ethical decision-making and practice.

Regulation of Lawyers

Author: Stephen Gillers
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454860969
Release Date: 2015-02-13
Genre: Law

This book goes beyond the rules in teaching students the subtle differences between proper and improper conduct. The book’s balanced and engaging mix of materials supports its comprehensive coverage of professional responsibility issues. Refined through years of classroom use, this casebook offers: condensed coverage of professional responsibility issues in less space (about 120 pages shorter than the regular 10th edition); well-balanced mix of cases, secondary sources, timely materials (often drawn from recent headlines), engaging problems, and challenging notes; discussion beyond the rules and from different perspectives, to recognize that the law is not necessarily self-evident and covers many subtleties; excellent case selection; realistic, helpful, and abundant problems, many based on actual events, that facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior; detailed notes which provide in-depth treatment of the issues; high-profile author (Gillers is a highly visible and recognized national authority on professional responsibility); and an accessible and engaging style which is characterized by variety, clarity, and humor.

Legal Ethics and Professional Responsibility

Author: Allan C. Hutchinson
Publisher: Essentials of Canadian Law
ISBN: 1552211290
Release Date: 2006
Genre: Law

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.

The Practice of Justice

Author: William H. Simon
Publisher: Harvard University Press
ISBN: 9780674043664
Release Date: 2009-06-30
Genre: Law

Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural maneuvers that defeat substantive rights? "The Practice of Justice" is a fresh look at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with extensive experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible. At the same time, Simon rejects the ethical approaches most frequently proposed by the profession's critics. The problem, he insists, does not lie in the profession's commitment to legal values over those of ordinary morality. Nor does it arise from the adversary system. Rather, Simon shows that the critical weakness of the standard approach is its reliance on a distinctive style of judgment--categorical, rule-bound, rigid--that is both ethically unattractive and rejected by most modern legal thought outside the realm of legal ethics. He develops an alternative approach based on a different, more contextual, style of judgment widely accepted in other areas of legal thought. The author enlivens his argument with discussions of actual cases, including the Lincoln Savings and Loan scandal and the Leo Frank murder trial, as well as fictional accounts of lawyering, including Kafka's "The Trial" and the movie "The Verdict."

Lawyers on Trial

Author: Richard L. Abel
Publisher: Oxford University Press, USA
ISBN: 9780199760374
Release Date: 2011
Genre: Law

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.