The Moral Compass of the American Lawyer
The Moral Compass of the American Lawyer

Author: Richard A. Zitrin

Publisher: Ballantine Books

Published: 2011-10-12

Total Pages: 320

ISBN-13: 030780741X

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These are perilous times for Americans who need access to the legal system. Too many lawyers blatantly abuse power and trust, engage in reckless ethical misconduct, grossly unjust billing practices, and dishonesty disguised as client protection. All this has undermined the credibility of lawyers and the authority of the legal system. In the court of public opinion, many lawyers these days are guiltier than the criminals or giant corporations they defend. Is the public right? In this eye-opening, incisive book, Richard Zitrin and Carol Langford, two practicing lawyers and distinguished law professors, shine a penetrating light on the question everyone is asking: Why do lawyers behave the way they do? All across the country, lawyers view certain behavior as "ethical" while average citizens judge that same conduct "immoral." Now, with expert analysis of actual cases ranging from murder to class action suits, Zitrin and Langford investigate lawyers' behavior and its impact on our legal system. The result is a stunningly clear-eyed exploration of law as it is practiced in America today--and a cogent, groundbreaking program for legal reform.

A Civility-based Model for New Lawyers
A Civility-based Model for New Lawyers

Author: James H. Fierberg

Publisher: American Bar Association

Published: 2021

Total Pages: 210

ISBN-13: 9781641058308

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While new law school graduates are pretty well versed in black letter law, they often lack the interpersonal and psychological skills that are imperative to a successful legal career. This book challenges the new lawyer to view themselves through the lens of their colleagues and clients and also to be aware of the basic behavioral norms that are the basis of a successful practice.

Law's Virtues
Law's Virtues

Author: Cathleen Kaveny

Publisher: Georgetown University Press

Published: 2012-09-20

Total Pages: 306

ISBN-13: 1589019334

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Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community. According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law’s Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian.

Trial Lawyer
Trial Lawyer

Author: Richard Zitrin

Publisher: Political Animal Press

Published: 2022-06-07

Total Pages: 372

ISBN-13: 9781895131611

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REPRESENTING PEOPLE AGAINST POWER Internationally known legal ethics professor Richard Zitrin's work as a trial lawyer placed him on the front lines of fighting systemic racism, pervasive elitism, and injustice against individuals in the legal system. In Trial Lawyer, he shares details of the most compelling cases he's encountered and exposes the dilemmas he faced throughout his one-of-a-kind career. The profound, the consequential, the shocking, the bizarre, and even the humorous, Trial Lawyer brings to life what it means to represent people against power. From his first case as a young law student on the famous and highly politicized San Quentin Six case and throughout his forty-year career, Zitrin has worked on dozens of cases that underscore the inherent biases of the legal system - towards people of color, the poor, the less educated, and those who just don't appear to fit the mold of whatever society considers "normal". His personal stories bring the reader inside the courtroom to experience a unique cast of characters, strange-but-true facts, brilliant trial tricks and tactics--and not-so-brilliant ones that failed miserably. Each had its own lessons: about social justice, fairness, strategy, ethics, morality, and more.

The Lawyer's Conscience
The Lawyer's Conscience

Author: Michael S. Ariens

Publisher: University Press of Kansas

Published: 2023-07-21

Total Pages: 400

ISBN-13: 0700633839

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In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

Legal Ethics
Legal Ethics

Author: RICHARD. ZITRIN

Publisher:

Published: 2023-08-31

Total Pages: 0

ISBN-13: 9781531020620

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This book can be used either as a stand-alone reference text for practitioners, or as a rules book in Legal Ethics, Legal Profession, and Professional Responsibility classes to supplement coursebooks for such courses, including Legal Ethics in the Practice of Law by Zitrin et al., now in its fifth edition. This rules edition includes ABA and California changes through 2022, including important amendments regulating the operation of client trust accounts. This book also includes a detailed substantive rule-by-rule comparison of the ABA Model Rules and both new and former California Rules, and changes to the ABA and California Judicial Codes through 2022, including revisions regulating judges' conduct during elections.

The Oxford Companion to American Law
The Oxford Companion to American Law

Author: Kermit L. Hall

Publisher: Oxford University Press

Published: 2002-05-02

Total Pages: 939

ISBN-13: 0199771162

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A landmark in legal publishing, The Oxford Companion to the Supreme Court is a now classic text many of whose entries are regularly cited by scholars as the definitive statement on any particular subject. In the tradition of that work, editor in chief Kermit L. Hall offers up The Oxford Companion to American Law, a one-volume, A-Z encyclopedia that covers topics ranging from aging and the law, wiretapping and electronic eavesdropping, the Salem Witch Trials and Plessy vs. Ferguson. The Companion takes as its starting point the insight that law is embedded in society, and that to understand American law one must necessarily ask questions about the relationship between it and the social order, now and in the past. The volume assumes that American law, in all its richness and complexity, cannot be understood in isolation, as simply the business of the Supreme Court, or as a list of common law doctrines. Hence, the volume takes seriously issues involving laws role in structuring decisions about governance, the significance of state and local law and legal institutions, and the place of American law in a comparative international perspective. Nearly 500 entries are included, written by over 300 expert contributors. Intended for the working lawyer or judge, the high school student working on a term paper, or the general adult reader interested in the topic, the Companion is the authoritative reference work on the subject of American law.

The Lawyer Bubble
The Lawyer Bubble

Author: Steven J Harper

Publisher: Basic Books

Published: 2016-03-08

Total Pages: 274

ISBN-13: 0465097634

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A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of a legal career, a crisis is unfolding. News headlines tell part of the story—the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative. In The Lawyer Bubble, Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation’s finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U.S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation’s large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions—being honest about the legal job market, revisiting the financial incentives currently driving bad behavior, eliminating the billable hour model, and more—can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.

Lawyers and Fidelity to Law
Lawyers and Fidelity to Law

Author: W. Bradley Wendel

Publisher: Princeton University Press

Published: 2012-08-26

Total Pages: 300

ISBN-13: 0691156212

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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.