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Author: Thomas L. Shaffer
Publisher: West Academic Publishing
ISBN: 9780314190833
Category : Legal ethics
Languages : en
Pages : 0
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Book Description
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: Thomas L. Shaffer
Publisher: West Academic Publishing
ISBN: 9780314190833
Category : Legal ethics
Languages : en
Pages : 0
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Book Description
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
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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: Daniel Markovits
Publisher: Princeton University Press
ISBN: 1400828988
Category : Philosophy
Languages : en
Pages : 374
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Book Description
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
ISBN: 1317037154
Category : Law
Languages : en
Pages : 182
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Book Description
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:
ISBN: 9780511354427
Category : Dignity
Languages : en
Pages : 337
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Book Description
A wide-ranging collection of essays from a leading scholar of legal ethics.
Author: Richard Scragg
Publisher:
ISBN: 9781988553368
Category : Attorney and client
Languages : en
Pages : 438
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Book Description
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
ISBN: 0691156212
Category : Law
Languages : en
Pages : 300
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Book Description
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: Marc Galanter
Publisher: University of Chicago Press
ISBN: 9780226278780
Category : Business & Economics
Languages : en
Pages : 224
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Book Description
Tournament of Lawyers traces in detail the rise of one hundred of the nation's top firms in order to diagnose the health of the business of American law. Galanter and Palay demonstrate that much of the large firm's organizational success stems from its ability to blend the talents of experienced partners with those of energetic junior lawyers driven by a powerful incentive—the race to win "the promotion-to-partner tournament." This calmly reasoned study reveals, however, that the very causes of the spiraling growth of the large law firm may lead to its undoing. "Galanter and Palay pose questions and offer some answers which are certain to change the way big firm practice is regarded. To describe their work as challenging is something of an understatement: they at times delight, stimulate, frustrate and even depress the reader, but they never disappoint. Tournament of Lawyers is essential to the understanding of the business of the big law firms."—Jean and Colin Fergus, New York Law Journal
Author: David Luban
Publisher: Princeton University Press
ISBN: 069118755X
Category : Philosophy
Languages : en
Pages : 471
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Book Description
The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.
Author: Erina L. MacGeorge
Publisher: Oxford University Press
ISBN: 0190630183
Category : Language Arts & Disciplines
Languages : en
Pages : 465
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Book Description
Advice, defined as a recommendation for action in response to a problem, is a common form of interpersonal support and influence. Indeed, the advice we give and receive from others can be highly consequential, not only affecting us as recipients and advisors, but shaping outcomes for relationships, groups, and organizations. Some of those consequences are positive, as when advice promotes individual problem-solving, or enhances workgroup productivity. Yet advice can also hide ulterior motives, threaten identity, damage relationships, and promote inappropriate action. The Oxford Handbook of Advice provides a broad perspective on how advice succeeds and fails, systematically reviewing and synthesizing theory and research on advice from multiple disciplines, such as communication, psychology, applied linguistics, business, law, and medicine. Several chapters explore advice at different levels of analysis, focusing on advisor and recipient roles, advising interactions and relationships, and advice as a resource and connection in groups and networks. Other chapters address advice in particular types of personal relationships (romantic, family) and professional contexts (workplace, health, education, therapy). Contributing authors also consider cultural differences, advice online, and the ethics of advising. For scholars concerned with supportive communication, interpersonal influence, decision-making, social networks, and related communication processes at work, at home, and in society at large, this Handbook offers historical perspective, contemporary theoretical framing, methodological recommendations, and directions for future research. It also emphasizes practical application, offering clear, concise, and relevant "advice for advising" based on theory and research.
