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.
A text for lawyers and students of law which explores theoretical foundations, professional ethical requirements, the lawyer-client relationship, conflicts of interest, duties to the administration of justice, and duties in legal practice. The NZ Law Society's 'Rules of Professional Conduct' 1998 are included. Webb lectures in Law at Victoria University.
LexisNexis Questions and Answers: Legal Practice and Ethics provides students with a clear and systematic approach to successfully tackling assessment questions on legal professional practice and ethics.Each chapter commences with a discussion of key principles and issues including a summary of relevant cases and legislation for effective revision. Comparative tables of legislative provisions for each state and territory are included. Examples of written questions with fact scenarios follow, each with a suggested answer plan, sample answer and comments on how the answer might be viewed by an examiner.Readers are provided with advice on common errors to avoid when answering questions and practical hints and tips on how to achieve higher marks. Click here to read the review first published in ETHOS - December 2013 Journal of ACT Law Society.Features* Clear succinct discussion helps students understand key concepts and legislation* Includes sample questions with answer guide, model answer, examiner's comments and common answers to avoid* Integrates both the regulatory and ethical aspects of the professional conduct regimeRelated TitlesMortensen, Managing Client Money: Lawyers' Trust Accounts in Queensland, 2010Ross, Ethics in Law: Lawyers' Responsibility and Accountability, 5th ed, 2009Ross and MacFarlane, Lawyers' Responsibility and Accountability: Cases, Problems and Commentary, 4th ed, 2012
This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."
Contains articles that explore confrontations in the daily practice of law, employing case studies. This text is divided into 6 sections, each dealing with an important issue: the Structure of the Profession; the Moral Critique of Professionalism; the Adversary System; Conflict of Interest; Client Confidences; and, the Provision of Legal Services.
Among members of the legal profession and judiciary throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. Nor is it difficult to see the professional standards are not completelydivorced from ordinary morality. Indeed, legal ethics and professional responsibility are more than a set of rules of good conduct; they are also a commitment to honesty, integrity, and service in the practice of law. In order to ensure that the standards established are the right ones, it isnecessary first of all to examine important philosophical and policy issues, such as the need to reconsider the boundaries between, on the one hand, a lawyer's obligation to a client and, on the other, the public interest. It is also to be appreciated that conflicts of interest are pervasive andthat all too often they are so common that they are not recognized as such. Yet rarely is public policy clearly cut. The underlying themes of this book are: * that the move to more definite rules is not only inevitable but also desirable * that existing codes of professional practice cannot simply be treated as a system of specific rules * that the current set of ethical rules is contestable and requires further refinement, perhaps even radical surgery * and that legal ethics must be conceived in the more general area of professional responsibility The wider ethical issues of the operation of the legal profession as a whole are now firmly on the agenda. Both law schools and law professionals have a role to play in developing acceptable standards in this area and it is therefore appropriate that the essays in this volume are written by adistinguished group of law teachers and practitioners together with senior members of the judiciary. The book opens with an overview chapter, followed by three chapters analysing the ethical rules pertaining to the judiciary, the Bar, and solicitors, written by, respectively, the Master of the Rolls, Anthony Thornton, and Alison Crawley and Christopher Bramall. The following three chapters lookat the specific issues of confidentiality (Michael Brindle and Guy Dehn) and the particular ethical problems in the family and criminal law jurisdictions (Sir Alan Ward and Professor Andrew Ashworth respectively). Chapter 8, by Sir Alan Paterson, discusses the teaching of legal ethics, whilstChapters 9 and 10, by Marc Galanter, Thomas Palay, and Cyril Glasser put the subject in its wider social and professional context. The book finishes with a chapter which examines what lawyers may learn from looking at the study of medical ethics.
"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."--
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.
