Download or read book Ethical Issues of Advocacy litigation for the Criminal Defense Attorney written by Philadelphia Bar Education Foundation and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Modern Litigation and Professional Responsibility Handbook written by William H. Fortune and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: Find practical answers to hard questions about professional conduct -- and avoid wrong answers that could set back your firm -- with this authoritative guide to legal ethics. Drawing on statutes, standards, and actual cases, the authors show you how to: Evaluate tactics for possible ethical consequences Understand and comply with statutes, procedural rules, and standards of professional conduct while zealously representing your client Prevent your opponents from turning the rules to their own advantage You'll find concise, authoritative discussion of ethical problems that arise in such critical areas as: Investigation of claims Abuse of discovery Conflicts of interest Burdensome interrogatories Trial in the media Voir dire and juror investigation Deposition tactics Special fee arrangements Settlement negotiations Withdrawal and client confidentiality Arguing false inferences based on inadmissible evidence, plus detailed attention to the special problems that arise in criminal defense, insurance defense, and class actions.

Download or read book Lawyers and Justice written by David Luban and published by Princeton University Press. This book was released on 2018-06-05 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Download or read book Lawyers in Practice written by Leslie C. Levin and published by University of Chicago Press. This book was released on 2012-04-16 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Practice of Justice written by William H. Simon and published by Harvard University Press. This book was released on 2009-06-30 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.

Download or read book Lawyers Ethics written by Allan Gerson and published by Routledge. This book was released on 2017-09-29 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frequently the ethical attorney finds himself in a position where he can no longer reconcile con-flicting responsibilities he owes to his clients with those he owes so-ciety and himself. Faced with the dilemma of choice among coun-tervailing and competing obliga-tions, he has little training and precedence to guide him. If he is over forty, the overwhelming probability is that he never took a course on legal ethics; if he looks for a general, up-to-date text to provide insight, he will look in vain. Nor is there a developed body of case law from which to glean an appropriate course of action.This vacuum of authoritative formulations of responsible be-havior is a matter of concern not only to the legal profession, but to all sectors of American society. Lawyers shape the mores and thoughts of all of us. Their will is exerted not only in modifying our national institutions, but ulti-mately our individual, personal sense of values.This volume serves two impor-tant purposes: it provides the interested professional and lay reader with an appreciation of thespectrum of the ethical dilemmas confronting the legal profession, and it provides a sense of balance about the competing consid-erations present in each of these dilemmas. At a time when the legal profession is under attack both from within and without, this book represents some of the best critical thinking by lawyers about their role and responsibilities in American society.

Download or read book The Moral Compass of the American Lawyer written by Richard A. Zitrin and published by . This book was released on 1999 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are perilous times for America's lawyers--and for Americans who rely on lawyers. Blatant abuses of power and trust, reckless ethical misconduct, grossly unjust billing practices, and dishonesty disguised as client confidentiality have all undermined the credibility of lawyers and imperiled the authority of the legal system. In the court of public opinion, many lawyers these days are more culpable than the criminals they defend and prosecute. 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 one of the most critical issues now confronting our judicial system: legal ethics. Pick up any newspaper and you will no doubt see a heated debate between lawyers who view certain legal behavior as "ethical" and average citizens who judge that same conduct in terms of "morality." Through in-depth analysis and case studies of actual trials ranging from murder to class action suits, Zitrin and Langford go behind the headlines to investigate why lawyers behave the way they do--and what impact that behavior has on our legal system. The result is a stunningly lucid exploration of law as it is practiced in America today--and a cogent, detailed, ground-breaking program for legal reform. Zitrin and Langford begin with a frank and fascinating discussion of a harrowing criminal case to illustrate why a defense lawyer's zealous advocacy is necessary not just to protect reprehensible clients but to ensure many of the freedoms we all enjoy. But problems arise when that same unfettered zeal is applied to the civil arena, where the power and money of large corporations canjeopardize the ordinary citizen's access to justice. Zitrin and Langford then probe the other major legal issues of our day, including how large multinational law firms use prolonged, expensive "discovery wars" to win the majority of cases before they ever come to trial--or to the public's attention; how lawyers have turned trials into legal theater in which race, sex, and "spin" replace evidence, facts, and truth; and how lawyers have managed to turn class action suits into massive money-makers--for themselves. But it doesn't have to be this way. In the book's powerful final chapter, Zitrin and Langford outline a concrete, workable program for changing the way law is practiced while retaining the vision and intent of the Founding Fathers. Timely, provocative, and absolutely mesmerizing, The Moral Compass of the American Lawyer is essential reading for anyone who cares about truth and justice in our society.

Download or read book Materials on Ethical Issues for Lawyers Involved with Organized Crime Cases written by United States. President's Commission on Organized Crime and published by . This book was released on 1984 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Century of Legal Ethics written by Lawrence J. Fox and published by American Bar Association. This book was released on 2009 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Lawyers Ethics in an Adversary System written by Monroe H. Freedman and published by MICHIE. This book was released on 1975 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Lawyers Ethics and the Pursuit of Social Justice written by Susan D. Carle and published by NYU Press. This book was released on 2005-08-22 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers’ Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice. The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers ’Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship.

Download or read book Professional Legal Ethics written by Donald Nicolson and published by Oxford University Press. This book was released on 2000-02-03 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics and regulation have become catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book represents the first attempt to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers' ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualises the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. This encourages lawyers to overlook the real invasions of these values so often wrought by upholding clients legal rights, and to ignore the competing claims of affected third parties, the wider community and the environment In seeking to move beyond critique, the authors develop throughout the book a contextual approach to individual ethical decision-making and outline a range of institutional, regulatory and educational reforms which, they suggest, could form the basis for a more ethical brand of professionalism. Professional Legal Ethics: Critical Interrogations is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of professional ethics and regulation.

Download or read book Advocacy and Professional Ethics Paper III Adcocate on Record AOR Examination of Supreme Court written by DR. M. K. RAVI and published by DR. M. K. RAVI. This book was released on with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: NOTE ABOUT BOOK The book consists of a compilation of eighteen chapters. The concept of a profession; Nature of the legal profession and its purposes; Connection between morality and ethics; Professional Ethics in general:-definitions, general principles, seven lamps of Advocacy, public trust doctrine, exclusive right to practice in Court; History of legal profession in India and relevant statutes; Law governing the profession and its relevance and scope; professional excellence and conduct. Professional, criminal and other misconduct and punishment for it (Ss. 35 and 24(A) and other provisions of the Advocates Act, 1961 and prescribed code of conduct); Duty not to strike; Advertisement/ Solicitation; The rules of the Bar council of India on the obligations and duties of the profession, need to shun sharp practices and commercialization of the profession and the role of the Bar in promotion of legal services under the constitutional scheme of providing equal justice; Role of Bar Council in regulating ethics. Bar Council Rules Chapter-II Standard of professional conduct and Etiquette. Different duties of an advocate lay down in the bar council rules on ethics; Conflict between duties and law to resolve them. Difference between: breach of ethics and misconduct and negligence, misconduct and crime; Perspectives on the role of the profession in the Adversary system and critiques of the adversary system with ethics; Issues of advocacy in the criminal law adversarial system, the zealous advocacy in the criminal defense setting and prosecutorial ethics; Lawyer client relationship, confidentiality and issues of conflicts of interest (Sec. 126 of the Evidence Act); Counseling, negotiation and mediation and their importance to administration of justice. Mediation – Ethical Consideration; Amicus Curiae – Ethical Consideration; Current developments in the organization of the profession, firms, companies etc. and application of ethics; Special role of the profession in Supreme Court Practice and its obligations to administration of justice. Adjournments; Duties of Advocate-on-Record; Supervisory role of Supreme Court; Contempt of Courts; Role of Bar Council and Bar Associations, Role of Bar Council, Role of Bar Association, and Code of Legal Ethics of Bar Associations; Duties of Advocate on Record, Adjournment in Courts; Supervisory Role of Supreme Court, Special Role of the Profession in Supreme Court practice and its Obligations to Administration of Justice; Current developments in the organization of the Profession, Firms, Companies etc. and Application of Ethics; Perspectives on the Role of the Profession in the Adversary System and critiques of the Adversary System vis a vis Ethics; And Comparative study of the Profession and Ethics in various countries, and their relevance to the Bar.

Download or read book Inside Lawyers Ethics written by Christine Parker and published by Cambridge University Press. This book was released on 2013-11-01 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inside Lawyers' Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. It gives lawyers the confidence to understand and actively improve their ethical priorities and behaviour when confronted with major ethical challenges. It identifies the applicable law and conduct rules and analyses them in the context of four different types of ethical lawyering: zealous advocacy, responsible lawyering, moral activism and the ethics of care. This new edition is fully updated, with a new chapter on confidentiality and new case studies and review questions. This edition also contains a self-assessment instrument designed to allow readers to recognise the type of lawyering that most appeals to them. Inside Lawyers' Ethics promotes self-awareness and offers a positive and enriching approach to problem solving, rather than one based on the 'don't get caught' principle. It is essential reading for students of law and newly qualified legal practitioners.

Download or read book Rehabilitating Lawyers written by David B. Wexler and published by . This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to bridge the traditional divide between scholarship and practice in the field of law. It introduces the interdisciplinary perspective of therapeutic jurisprudence (TJ) and then, largely through the thoughtful and informative essays of practitioners and clinical law professors, shows how criminal law practice can be enriched -- and how clients can benefit -- from lawyers looking at their practice with a TJ lens. Lawyers can be positive change agents for many of their clients, and will find that this approach can markedly increase their own professional satisfaction and enhance their professional image. "Rehabilitating Lawyers is the kind of smart and balanced book too often absent from the fractious debate about the future of our criminal justice system. By embracing healing as a legitimate criminal justice goal, Professor Wexler offers up an exciting new paradigm in which lawyers finally deserve the label 'counselor.'" -- Robin Steinberg, Executive Director, Bronx Defenders "Criminal law, criminal lawyers and their clients need more than skillful representation in court. For the cycle of offending to be slowed, for criminal law to meet its stated objectives, and for criminal lawyers to survive burnout, fundamental reconceptualising of the law and lawyering are needed. Rehabilitating Lawyers provides a challenging way of reframing through therapeutic jurisprudence how opportunities for reclamation of offenders can be fostered and criminal lawyers can play a role in reducing recidivist offending. It explores how the ethical practice of criminal law by attorneys and judges alike, from charging through trials and sentencing and into probation, can be made more humane and constructive." -- Dr. Ian Freckelton SC, Barrister, Melbourne, Australia, Professor of Law, Forensic Medicine and Psychological Medicine, Monash University "The editor hopes that this book will bridge the wide academic/legal practitioner divide. It has done so admirably....This inspirational edition deserves wide circulation and further incorporation of its ideas into legal education, court practice and legislative action." -- Law Institute Journal, October 2008 "The most interesting, important and innovative book I have read about the practice of law in many years. I'm a former Public Defender (still one at heart), and I hope this book is read by all of those who devote themselves valiantly to this most undervalued position. Anyone who has ever represented a criminal defendant owes Professor Wexler a great debt of gratitude."-- Professor Michael L. Perlin, Director, International Mental Disability Law Reform Project, Director, Online Mental Disability Law Program New York Law School "Wexler's collection deserves a place on the shelves of academics interested in this important area of legal education; it is a balanced well referenced source, and a great primer for this area of theory and practice. An equally important reading audience are court administrators, judges and Attorneys General who have the clout to implement some of these suggestions." -- Australian Lawyers Alliance Journal