Download or read book Lawyers and Fidelity to Law written by W. Bradley Wendel and published by Princeton University Press. This book was released on 2012-08-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Lawyers and Fidelity to Law written by W. Bradley Wendel and published by Princeton University Press. This book was released on 2012-08-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Lawyers and Justice written by David Luban and published by Princeton University Press. This book was released on 1988-12-21 with total page 484 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 A Modern Legal Ethics written by Daniel Markovits and published by Princeton University Press. This book was released on 2011-01-17 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Good Lawyer written by Adrian Evans and published by Cambridge University Press. This book was released on 2014-09-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it - and offers principled and pragmatic advice about how to overcome such challenges. This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.
Download or read book Ethics and Law written by W. Bradley Wendel and published by Cambridge University Press. This book was released on 2014-10-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining theory with real-world examples, this book explores the classic problems of legal ethics and the philosophy of law.
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 The Formation of Professional Identity written by Patrick Emery Longan and published by Routledge. This book was released on 2019-09-18 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self – the student’s nascent professional identity – needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer’s professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.
Download or read book The Ethical Lawyer written by Richard Scragg and published by . This book was released on 2018 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethical Lawyer: Legal Ethics and Professional Responsibility is a guide to ethical conduct and client care which traces the developments in the field of legal ethics and professional responsibility that have occurred in New Zealand over the past 20 years and examines what it means to be an ethical lawyer in New Zealand today.The book also provides a highly readable resource for learning the rules governing professional conduct. Its primary purpose is to (a) focus on the key ethical issues that lawyers encounter on a day-to-day basis in their practices, and (b) give lawyers an easy-to-follo.
Download or read book On Being a Christian and a Lawyer written by Thomas L. Shaffer and published by Friends of the Library. This book was released on 1981 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion on the tradition of American legal positivism--the theory that ""it is necessary, in working with law, to set morals aside."" Notre Dame law professor Shaffer argues that modern-day attorney-client relationships are characterized either by the ""ethics of role"" (the lawyer does what the client wants, or tells the client what to do) or by the ""ethics of isolation"" (moral statements, but no dialogue). It is a delusion, Shaffer suggests, to pretend that conscience has nothing to do with serving a client or that lawyer and client do not influence each other. In place of ""adversary ethics,"" Shaffer urges the profession to adopt an ""ethics of care"": a professional relation marked by openness in moral dialogue, in which the lawyer's calling becomes a form of ministry. Telling the client, ""it's up to you,"" after a full exchange of views, is not the same as saying ""whatever you want.""For Shaffer, the American legal system's avoidance of moral ""witnessing"" is nurtured by the legal education; the (often unstated) choice is not against morals, but ""against morals as having intellectual importance."" Law-school instruction either flatly avoids moral questions or, by failing to explore students' stated moral positions, suggests that there is no discipline in moral discourse. Law school is where things have to begin changing: there, ""we can still try to tell the truth to one another."" In elaborating his ethical view, Shaffer segues neatly from Barth to Buber to Trollope's Orley Farm to American legal history to the lives of Thomas More and Franz Jagerstatter. This is an unremittingly ""learned"" book--tough sledding for the intellectually unprepared--but intelligent, well-argued, and bound to become controversial among law-and-ethics scholars.
Download or read book Redeeming Justice written by Jarrett Adams and published by Convergent Books. This book was released on 2021-09-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A moving and beautifully crafted memoir.”—SCOTT TUROW “A daring act of justified defiance.”—SHAKA SENGHOR “Nothing less than heroic.”—JOHN GRISHAM He was seventeen when an all-white jury sentenced him to prison for a crime he didn’t commit. Now a pioneering lawyer, he recalls the journey that led to his exoneration—and inspired him to devote his life to fighting the many injustices in our legal system. Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison. But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier—and won. In this illuminating story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Redeeming Justice is an unforgettable firsthand account of the limits—and possibilities—of our country’s system of law.
Download or read book Handling Fidelity Bond Claims written by and published by American Bar Association. This book was released on 2005 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Lost Lawyer written by Anthony T. Kronman and published by Harvard University Press. This book was released on 1993 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly two centuries, Kronman argues, the aspirations of American lawyers were shaped by their allegiance to a distinctive ideal of professional excellence. In the last generation, however, this ideal has failed, undermining the identity of lawyers as a group and making it unclear to those in the profession what it means for them personally to have chosen a life in the law.
Download or read book Legal Ethics and Professional Responsibility written by Ross Cranston and published by Oxford University Press on Demand. This book was released on 1995 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The American Lawyer written by John Randolph Dos Passos and published by . This book was released on 1907 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
