A Modern Legal Ethics
A Modern Legal Ethics

Author: Daniel Markovits

Publisher: Princeton University Press

Published: 2010-12-28

Total Pages: 374

ISBN-13: 1400828988

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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.

Legal Ethics
Legal Ethics

Author: Geoffrey C. Hazard

Publisher: Stanford University Press

Published: 2004

Total Pages: 380

ISBN-13: 9780804748827

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Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.

Legal Ethics, Professional Responsibility, and the Legal Profession
Legal Ethics, Professional Responsibility, and the Legal Profession

Author: Gregory C. Sisk

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781634605113

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"As the legal profession undergoes structural changes, longstanding principles of ethics still govern the day-to-day lives of practicing lawyers. This new Hornbook on professional responsibility provides both a snapshot of ongoing systemic changes and a thorough examination of the fundamentals of lawyer and judicial ethics ... [This] Hornbook (1) begins with the changing environment in which legal services are provided in the modern economy; (2) continues with a theoretical grounding of legal ethics in moral philosophy; (3) offers empirical evidence and discussion about professional formation and moral development; (4) provides a comprehensive analysis of the law of lawyer ethics; (5) includes a ... discussion of the modern law of legal malpractice, and (6) concludes with exploration of the rules of judicial ethics."--

THE PRACTICE OF JUSTICE
THE PRACTICE OF JUSTICE

Author: William H. Simon

Publisher: Harvard University Press

Published: 2000

Total Pages: 265

ISBN-13: 9780674002753

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William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.

The Modern Lawyer
The Modern Lawyer

Author: Megan Zavieh

Publisher:

Published: 2021

Total Pages: 177

ISBN-13: 9781641058384

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"With guidelines on topics from ethics to office management, changes in payment technologies, managing client expectations, and gaining competence in new practice areas, this book will prepare you for lawyering in today's world and in tomorrow's"--

A Modern Legal Ethics
A Modern Legal Ethics

Author: Daniel Markovits

Publisher: Princeton University Press

Published: 2011-01-17

Total Pages: 374

ISBN-13: 0691148139

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Daniel Markovits proposes here a wholesale renovation of legal ethics, one that contributes to ethical thought generally. His book rejects the casuistry that dominates contemporary applied ethics in favour of an interpretive method that may be mimicked in other areas.

Modern Legal Ethics
Modern Legal Ethics

Author: Charles W. Wolfram

Publisher: West Academic

Published: 1986-01-01

Total Pages: 1363

ISBN-13: 9780314926388

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More than a discussion of professional regulation, this treatise addresses issues that every lawyer faces, such as conflict of interest, the client-lawyer relationship and confidentiality. In addition, specialized concerns are examined, including the role and responsibilities of lawyers as house counsel, government attorneys, mediators, prosecutors, and participants in the political process. This comprehensive survey also covers lawyer advertising, pro bono work, lawyer competence and other topics of modern practice. An entire chapter of this valuable reference is devoted to judges and the Judicial Code. Westlaw® queries are included.

In-House Lawyers' Ethics
In-House Lawyers' Ethics

Author: Richard Moorhead

Publisher: Bloomsbury Publishing

Published: 2018-11-29

Total Pages: 408

ISBN-13: 1509905936

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This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.

Casuistry and Modern Ethics
Casuistry and Modern Ethics

Author: Richard B. Miller

Publisher: University of Chicago Press

Published: 1996-11

Total Pages: 334

ISBN-13: 9780226526362

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Did the Gulf War defend moral principle or Western oil interests? Is violent pornography an act of free speech or an act of violence against women? In Casuistry and Modern Ethics, Richard B. Miller sheds new light on the potential of casuistry—case-based reasoning—for resolving these and other questions of conscience raised by the practical quandaries of modern life. Rejecting the packaging of moral experience within simple descriptions and inflexible principles, Miller argues instead for identifying and making sense of the ethically salient features of individual cases. Because this practical approach must cope with a diverse array of experiences, Miller draws on a wide variety of diagnostic tools from such fields as philosophy of science, legal reasoning, theology, literary theory, hermeneutics, and moral philosophy. Opening new avenues for practical reasoning, Miller's interdisciplinary work will challenge scholars who are interested in the intersections of ethics and political philosophy, cultural criticism, and debates about method in religion and morality.