Author: Robert A. Katzmann
Publisher: Brookings Institution Press
ISBN: 0815720025
Category : Law
Languages : en
Pages : 204
Book Description
What can law firms do to ensure justice for all? How can they serve the needs of those unable to pay? How can law firms improve the quality of life for their lawyers? At a time when government support for legal aid is limited and under fire, when recent U.S. presidents have urged increased volunteerism, when the American Bar Association's Law Firm Pro Bono Challenge is under way, and when some within the legal profession have called for mandatory pro bono work, this new book examines these important questions. The Law Firm and the Public Good blends academic scholarship with real world experience as it brings together lawyers who have wrestled with the pressures of everyday practice. Concerned about deepening the commitment of large law firms to the wider community, the authors seek to provide a blueprint for firms concerned with creating, developing, implementing, and evaluating pro bono programs. Moving beyond the ethical arguments which justify a law firm's commitment to community service, the authors argue that pro bono work is in the firm's self-interest. They show that a heightened concern with the public good can improve a lawyer's spirit, sharpen lawyering skills, and enhance the humanistic traditions of law practice. They conclude that professional responsibility and self-interest support the same conclusion: that the law firm and the public good are inextricably linked and that each can draw strength from the other in ways that nourish both. The contributors are William A. Bradford, Jr., Hogan & Hartson; Senior Circuit Judge Frank M. Coffin, U.S. Court of Appeals for the First Circuit; Anthony F. Earley, Jr., Detroit Edison; Marc Galanter, University of Wisconsin-Madison; Donald W. Hoagland, Davis, Graham & Stubbs; William C. Kelly, Jr., Latham & Watkins; Esther F. Lardent, director of the ABA's Law Firm Pro Bono Project; Edwin L. Noel, Armstrong, Teasdale, Schlafly & Davis; Thomas Palay, University of Wisconsin-Madison; J
The Law Firm and the Public Good
Author: Robert A. Katzmann
Publisher: Brookings Institution Press
ISBN: 0815720025
Category : Law
Languages : en
Pages : 204
Book Description
What can law firms do to ensure justice for all? How can they serve the needs of those unable to pay? How can law firms improve the quality of life for their lawyers? At a time when government support for legal aid is limited and under fire, when recent U.S. presidents have urged increased volunteerism, when the American Bar Association's Law Firm Pro Bono Challenge is under way, and when some within the legal profession have called for mandatory pro bono work, this new book examines these important questions. The Law Firm and the Public Good blends academic scholarship with real world experience as it brings together lawyers who have wrestled with the pressures of everyday practice. Concerned about deepening the commitment of large law firms to the wider community, the authors seek to provide a blueprint for firms concerned with creating, developing, implementing, and evaluating pro bono programs. Moving beyond the ethical arguments which justify a law firm's commitment to community service, the authors argue that pro bono work is in the firm's self-interest. They show that a heightened concern with the public good can improve a lawyer's spirit, sharpen lawyering skills, and enhance the humanistic traditions of law practice. They conclude that professional responsibility and self-interest support the same conclusion: that the law firm and the public good are inextricably linked and that each can draw strength from the other in ways that nourish both. The contributors are William A. Bradford, Jr., Hogan & Hartson; Senior Circuit Judge Frank M. Coffin, U.S. Court of Appeals for the First Circuit; Anthony F. Earley, Jr., Detroit Edison; Marc Galanter, University of Wisconsin-Madison; Donald W. Hoagland, Davis, Graham & Stubbs; William C. Kelly, Jr., Latham & Watkins; Esther F. Lardent, director of the ABA's Law Firm Pro Bono Project; Edwin L. Noel, Armstrong, Teasdale, Schlafly & Davis; Thomas Palay, University of Wisconsin-Madison; J
Publisher: Brookings Institution Press
ISBN: 0815720025
Category : Law
Languages : en
Pages : 204
Book Description
What can law firms do to ensure justice for all? How can they serve the needs of those unable to pay? How can law firms improve the quality of life for their lawyers? At a time when government support for legal aid is limited and under fire, when recent U.S. presidents have urged increased volunteerism, when the American Bar Association's Law Firm Pro Bono Challenge is under way, and when some within the legal profession have called for mandatory pro bono work, this new book examines these important questions. The Law Firm and the Public Good blends academic scholarship with real world experience as it brings together lawyers who have wrestled with the pressures of everyday practice. Concerned about deepening the commitment of large law firms to the wider community, the authors seek to provide a blueprint for firms concerned with creating, developing, implementing, and evaluating pro bono programs. Moving beyond the ethical arguments which justify a law firm's commitment to community service, the authors argue that pro bono work is in the firm's self-interest. They show that a heightened concern with the public good can improve a lawyer's spirit, sharpen lawyering skills, and enhance the humanistic traditions of law practice. They conclude that professional responsibility and self-interest support the same conclusion: that the law firm and the public good are inextricably linked and that each can draw strength from the other in ways that nourish both. The contributors are William A. Bradford, Jr., Hogan & Hartson; Senior Circuit Judge Frank M. Coffin, U.S. Court of Appeals for the First Circuit; Anthony F. Earley, Jr., Detroit Edison; Marc Galanter, University of Wisconsin-Madison; Donald W. Hoagland, Davis, Graham & Stubbs; William C. Kelly, Jr., Latham & Watkins; Esther F. Lardent, director of the ABA's Law Firm Pro Bono Project; Edwin L. Noel, Armstrong, Teasdale, Schlafly & Davis; Thomas Palay, University of Wisconsin-Madison; J
Private Lawyers and the Public Interest
Author: Robert Granfield
Publisher: Oxford University Press, USA
ISBN: 0195386078
Category : Law
Languages : en
Pages : 344
Book Description
Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession explores timely questions about the role of pro bono in the legal profession, the relationship between pro bono ideals and pro bono in practice, and the opportunities and limitations of pro bono in expanding access to justice. The contributing writers explore theoretical, empirical, and practical questions regarding the role of pro bono and public service in the legal profession and in law schools. The research presented not only highlights the increase in pro bono efforts across the legal profession but critically examines the limitations of pro bono work, as well as the potential problems such work may pose to the ideal of achieving greater access to justice.
Publisher: Oxford University Press, USA
ISBN: 0195386078
Category : Law
Languages : en
Pages : 344
Book Description
Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession explores timely questions about the role of pro bono in the legal profession, the relationship between pro bono ideals and pro bono in practice, and the opportunities and limitations of pro bono in expanding access to justice. The contributing writers explore theoretical, empirical, and practical questions regarding the role of pro bono and public service in the legal profession and in law schools. The research presented not only highlights the increase in pro bono efforts across the legal profession but critically examines the limitations of pro bono work, as well as the potential problems such work may pose to the ideal of achieving greater access to justice.
Lawyers and the Public Good
Author: Alan Paterson
Publisher: Cambridge University Press
ISBN: 1139505068
Category : Law
Languages : en
Pages : 241
Book Description
For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.
Publisher: Cambridge University Press
ISBN: 1139505068
Category : Law
Languages : en
Pages : 241
Book Description
For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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.
Public Interest Law
Author: Burton A. Weisbrod
Publisher: Univ of California Press
ISBN: 0520310802
Category : Law
Languages : en
Pages : 592
Book Description
What is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
Publisher: Univ of California Press
ISBN: 0520310802
Category : Law
Languages : en
Pages : 592
Book Description
What is public interest law? How effective is it? What are the limits to litigation as a mechanism for conflict resolution? In this study, economists, lawyers, and sociologists evaluate an institutional form that is new to American society and, indeed, to the world--the public interest law (PIL) organization. The book introduces the reader to the structure, resources, and activities of this "nonprofit industry," and also to the factors that affect PIL firms in their choices of cases and methods of handling them. The authors examine PIL's vast range of contemporary public policy concerns. These incude such general topics as the environment, consumerism, housing, employment discrimination, medical care, occupational health and safety, education finance, and taxation. A number of base studies are presented, and a method for economic analysis and evaluation is introduced and applied. The study points to PIL's success in advocating under-represented interests, in winning courtroom decisions, and in translating legal victories into reallocations of resources. At the same time, it notes the bias of PIL towards test-case litigation, a propensity to focus on judicial victories rather than on real social change, and a tendency to use lawyers even when other types of professionals might be more effective. Many of these problems stem from uncertainty of funding and legal restrictions on "nonprofit" organizations. The result is a set of hurdles that distracts PIL firms from their principal goals. The authors do not limit themselves to PIL, but comment on the effectiveness of legal instruments as devices for social change, and on the behavior of the voluntary nonprofit sector, a little-studied portion of the economy. The book presents a fresh approach to the study of both collective-type economic problems and institutional setting in which public interest law works. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
Public Interest Lawyering
Author: Alan K. Chen
Publisher: Aspen Publishing
ISBN: 1454818883
Category : Law
Languages : en
Pages : 915
Book Description
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.
Publisher: Aspen Publishing
ISBN: 1454818883
Category : Law
Languages : en
Pages : 915
Book Description
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.
Professional Education, Capabilities and the Public Good
Author: Melanie Walker
Publisher: Routledge
ISBN: 1136188126
Category : Education
Languages : en
Pages : 222
Book Description
This book innovatively explores how universities might be engines of reform and be directed towards social change. Using rich case studies drawn from South African research, the book comprehensively provides a myriad of new perspectives on what constitutes a set of appropriate public-good professional capabilities that will translate successfully into contributions to human development. It challenges universities to produce professionals who have the knowledge, skills and values to improve the lives of people living in poverty in urban and rural settings. It covers issues such as: Conceptualising Public-Good Professionalism Global Issues and Professional Education South African Debates about Higher Education Institutional conditions and professional education arrangements Social Constraints on educating ethically aware public professionals By drawing on an approach that focuses on differing public-good professional capabilities in five professions, this book produces a crucial new framework for the preparation of professionals relevant to the global study of higher education policy. It expands higher education’s contribution to global social justice beyond a concern with human capital, administering a challenge to higher education internationally to address human development in the 21st century. This book will be of great interest to all scholars of higher education involved in higher education studies, comparative education, and development studies. It will also prove valuable to policy makers, higher education leaders and lecturers and graduate professionals in diverse organizations.
Publisher: Routledge
ISBN: 1136188126
Category : Education
Languages : en
Pages : 222
Book Description
This book innovatively explores how universities might be engines of reform and be directed towards social change. Using rich case studies drawn from South African research, the book comprehensively provides a myriad of new perspectives on what constitutes a set of appropriate public-good professional capabilities that will translate successfully into contributions to human development. It challenges universities to produce professionals who have the knowledge, skills and values to improve the lives of people living in poverty in urban and rural settings. It covers issues such as: Conceptualising Public-Good Professionalism Global Issues and Professional Education South African Debates about Higher Education Institutional conditions and professional education arrangements Social Constraints on educating ethically aware public professionals By drawing on an approach that focuses on differing public-good professional capabilities in five professions, this book produces a crucial new framework for the preparation of professionals relevant to the global study of higher education policy. It expands higher education’s contribution to global social justice beyond a concern with human capital, administering a challenge to higher education internationally to address human development in the 21st century. This book will be of great interest to all scholars of higher education involved in higher education studies, comparative education, and development studies. It will also prove valuable to policy makers, higher education leaders and lecturers and graduate professionals in diverse organizations.
Regulating Lawyers Through Disciplinary Systems
Author: Kay-Wah Chan
Publisher: Taylor & Francis
ISBN: 1003827276
Category : Law
Languages : en
Pages : 90
Book Description
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.
Publisher: Taylor & Francis
ISBN: 1003827276
Category : Law
Languages : en
Pages : 90
Book Description
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.
Cause Lawyering
Author: Austin Sarat
Publisher: Oxford University Press
ISBN: 0195354478
Category : Law
Languages : en
Pages : 571
Book Description
Why do some lawyers devote themselves to a given social movement or political cause? How are such deeds of individual commitment and personal belief justly executed, given the ideals of disinterested professional service to which lawyers are (in theory, at least) supposed to adhere? What can we learn from such lawyers about the relationship between law and politics? Cause Lawyering is a wise and varied collection of responses to these questions, featuring a number of distinguished legal scholars concerned with anti-poverty lawyers, lawyers who work against capital punishment, immigration lawyers, and other lawyers working to end oppression. Editors Austin Sarat and Stuart Scheingold have assembled here a valuable cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. These telling and important essays fully explore the relationship between cause lawyering and the organized legal professions of many different countries--the US, England, South Africa, Israel, Cuba, and so forth. They describe the utility of law as a resource in political struggles and, conversely, highlight the constraints under which lawyers necessarily operate when they turn to politics. Some provide broad theoretical overviews; others present rich case studies. Advancing a fundamental argument about the very nature of the legal profession, this book explains the strategies that cause lawyers deploy, as well as the challenges they face in trying to be legally astute and effective while remaining politically devoted and aware. Although it is a controversial way of practicing law, cause lawyering, as explicated in the essays in this volume, is indeed indispensable to the legitimization of professional authority.
Publisher: Oxford University Press
ISBN: 0195354478
Category : Law
Languages : en
Pages : 571
Book Description
Why do some lawyers devote themselves to a given social movement or political cause? How are such deeds of individual commitment and personal belief justly executed, given the ideals of disinterested professional service to which lawyers are (in theory, at least) supposed to adhere? What can we learn from such lawyers about the relationship between law and politics? Cause Lawyering is a wise and varied collection of responses to these questions, featuring a number of distinguished legal scholars concerned with anti-poverty lawyers, lawyers who work against capital punishment, immigration lawyers, and other lawyers working to end oppression. Editors Austin Sarat and Stuart Scheingold have assembled here a valuable cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. These telling and important essays fully explore the relationship between cause lawyering and the organized legal professions of many different countries--the US, England, South Africa, Israel, Cuba, and so forth. They describe the utility of law as a resource in political struggles and, conversely, highlight the constraints under which lawyers necessarily operate when they turn to politics. Some provide broad theoretical overviews; others present rich case studies. Advancing a fundamental argument about the very nature of the legal profession, this book explains the strategies that cause lawyers deploy, as well as the challenges they face in trying to be legally astute and effective while remaining politically devoted and aware. Although it is a controversial way of practicing law, cause lawyering, as explicated in the essays in this volume, is indeed indispensable to the legitimization of professional authority.
Lawyers in Practice
Author: Leslie C. Levin
Publisher: University of Chicago Press
ISBN: 0226475158
Category : Law
Languages : en
Pages : 401
Book Description
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.
Publisher: University of Chicago Press
ISBN: 0226475158
Category : Law
Languages : en
Pages : 401
Book Description
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.