Download or read book Lawyers Truth and Honesty in Representing Clients written by Peter J. Henning and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To say that the rules governing lawyers do - or should - reflect a commitment to truth is a worthy goal, but it misapprehends how the professional standards should be applied. Many accuse lawyers of being liars with little devotion to the truth, while the law imposes on them a fiduciary obligation to put their clients' interests ahead of their own. References to "truth" tend to obfuscate rather then clarify the role of the lawyer. The core of the lawyer-client relationship is trust, protected by the attorney-client privilege that prevents an attorney from being compelled - with limited exceptions - to reveal what a client communicated in the course of the representation. That privilege, of course, frustrates the search for the truth because the lawyer ordinarily may not reveal what has been learned during the representation of the client, even after the client's death. Dedication to the truth cannot be the lawyer's paramount goal when every attorney is equally compelled to keep the truth hidden, at least if it is in the client's interest and there is no basis to avoid the protection afforded client communications. Finding the truth is the object of the judicial system, but it is not the governing principle for the lawyer. Instead, the focus for the lawyer should be honesty in dealing with clients, opponents, and the system. The principle of honesty governs the attorney in all forms of representation, not just when he is acting on behalf of a client in the course of an adjudication. While truth and honesty are certainly related, they are not identical. In this article, I use honesty to cover assertions - both verbal and non-verbal - by the attorney on behalf of a client, such as expressions of fact, legal argument, or a negotiating position. While truth is focused more on determining the existence of an historical fact, honesty focuses on the accuracy and authenticity of the lawyer's current assertions on behalf of the client. An attorney's honesty will assist a tribunal in ascertaining the truth, yet that is not the core function of the lawyer acting on behalf of a client. Whenever a lawyer communicates, whether it is to the court, to an opposing party or attorney, or even to a client, that communication must be honest. I do not offer honesty as a heretofore unrevealed agenda in the professional responsibility rules or as a curative measure for resolving every conflict among duties a lawyer can face in practice. Instead, the idea that lawyers must be honest when they offer information or take a position can provide a guide to understanding how to resolve some of the difficult issues in practicing law. Lawyers do not operate in a vacuum, and the professional responsibility rules and other guidelines that regulate attorneys provide only limited assistance in resolving difficult issues. The principle of honesty, rather than truth, can provide a further means, in addition to the lawyer's own ethical judgment, to accommodate the dual roles of the attorney as an advocate for a client and an officer of the court.
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 To Tell the Truth written by Center for Continuing Legal Education (American Bar Association) and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lawyers representing clients in disputes believe that they hold themselves to high ethical standards. Yet they face innumerable situations in litigation, settlement negotiation, and mediation in which telling "the truth, the whole truth, and nothing but the truth" may be, or may seem to be, inconsistent with accomplishing their clients' objectives. Many contend that the Rules of Professional Conduct and other ethics guidelines provide little practical assistance to lawyers facing truth-telling challenges. Through a highly interactive discussion of a series of difficult practice vignettes, this panel of trial lawyers, ethics and dispute resolution experts will explore critical real-life truth-telling dilemmas, and suggest practical and ethical solutions."
Download or read book Law Lawyers and Honesty written by John Bernardine Dillon and published by . This book was released on 1922 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice Versus Judiciary written by Sudhanshu Ranjan and published by Oxford University Press, USA. This book was released on 2019-07-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility and calls for strict adherence to dos and don'ts. This book builds upon this narrative and advocates that judges must be made accountable not only in respect of their personal conduct and integrity, but also in respect of the judicial verdicts they deliver. The work emphasizes that the need for judicial accountability has increased in recent times as the judiciary is, nowadays, performing not only judicial functions, but virtually executive functions also, for which the government is accountable to the people. The author, in particular, critically discusses Articles 141, 142, and 144, which make the Supreme Court the most powerful institution in the country, and Articles 32 and 136, which also confer wide powers on it. Using these powers, the apex court sometimes, unmindful of the budgetary and other vital implications, passes orders which are simply not implementable. For example, the intervention of the Supreme Court in the matter of the interlinking of rivers, a policy decision which falls clearly in the domain of the Executive. The book advocates the need for judicial accountability to save the institutions of justice from turning autocratic and narcissistic.
Download or read book The Importance of Being Honest written by Steven Lubet and published by NYU Press. This book was released on 2008-05-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular author Steven Lubet brings his signature blend of humor, advocacy, and legal ethics to The Importance of Being Honest, an incisive analysis of how honesty and law play out in current affairs and historical events. Drawing on original work as well as op-ed pieces and articles that have appeared in the American Lawyer, the Chicago Tribune, and many other national publications, Lubet explores the complex aspects of honesty in the legal world. The Importance of Being Honest is full of tales of questionable practices and poor behavior, chosen because negative examples are much richer, and often more remarkable, in their ultimate lessons. Wyatt Earp’s shootout with Billy Clanton, Bill Clinton’s disastrous decision to lie under oath, Oscar Wilde’s self-destructive perjury in a 1896 libel trial, and the dubious resolution of Justice Scalia’s duck hunting trip with Dick Cheney are only a few of the cases Lubet use to illustrate that law is a vague and boggy realm where truth, and falsehood, is seldom absolute. With his lively, insightful, and sometimes hilarious prose, Lubet takes readers on a tour of the law in our everyday lives, and forces us to rethink how we really feel about honesty and truth.
Download or read book The Moral Compass of the American Lawyer written by Richard A. Zitrin and published by Ballantine Books. This book was released on 2011-10-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Integrity Honesty and Truth Seeking written by Christian B. Miller and published by Oxford University Press, USA. This book was released on 2020-02-17 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Integrity, honesty, and truth seeking are clearly important virtues that most people care about and want to see promoted in society. Yet surprisingly there has been relatively little work among scholars today aimed at helping us better understand this cluster of virtues related to truth. This volume incorporates the insights and perspectives of experts working in a variety of disciplines, including philosophy, law, communication and rhetorical studies, theology, psychology, history, and education. For each virtue, there is a conceptual chapter, an application chapter, and a developmental chapter. The result is a volume that significantly deepens our knowledge about and appreciation for these central virtues"--
Download or read book Annotated Model Rules of Professional Conduct written by and published by American Bar Association. This book was released on 2007 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous editions published : 2003 (5th) and 1992 (2nd).
Download or read book The Great Mental Models Volume 1 written by Shane Parrish and published by Penguin. This book was released on 2024-10-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover the essential thinking tools you’ve been missing with The Great Mental Models series by Shane Parrish, New York Times bestselling author and the mind behind the acclaimed Farnam Street blog and “The Knowledge Project” podcast. This first book in the series is your guide to learning the crucial thinking tools nobody ever taught you. Time and time again, great thinkers such as Charlie Munger and Warren Buffett have credited their success to mental models–representations of how something works that can scale onto other fields. Mastering a small number of mental models enables you to rapidly grasp new information, identify patterns others miss, and avoid the common mistakes that hold people back. The Great Mental Models: Volume 1, General Thinking Concepts shows you how making a few tiny changes in the way you think can deliver big results. Drawing on examples from history, business, art, and science, this book details nine of the most versatile, all-purpose mental models you can use right away to improve your decision making and productivity. This book will teach you how to: Avoid blind spots when looking at problems. Find non-obvious solutions. Anticipate and achieve desired outcomes. Play to your strengths, avoid your weaknesses, … and more. The Great Mental Models series demystifies once elusive concepts and illuminates rich knowledge that traditional education overlooks. This series is the most comprehensive and accessible guide on using mental models to better understand our world, solve problems, and gain an advantage.
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 2012-03-30 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 Law and the Lawyers written by Mahatma Gandhi and published by . This book was released on 1962 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Relativism and Human Rights written by Claudio Corradetti and published by Springer Science & Business Media. This book was released on 2009-04-15 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI [If this is a man, pp. 111–112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ [Samtlic ̈ he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world.
Download or read book 101 Things I Learned in Law School written by Matthew Frederick and published by Hachette UK. This book was released on 2013-05-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complexities and nuances of the law are made accessible in this engaging, illustrated guide. From the structure of the court system to the mysteries of human motivation, 101 THINGS I LEARNED® IN LAW SCHOOL reveals the intricacies of the legal world through questions big and small: What is a legal precedent? What is foreseeability? How can a hostile witness help one's case? How is legal argument different from other forms of argument? What is the difference between honesty and truthfulness? Written by an experienced attorney and law instructor, and disarmingly presented in the unique format of the 101 THINGS I LEARNED® series, 101 THINGS I LEARNED® IN LAW SCHOOL is an invaluable resource for law students, graduates, lawyers, and general readers.
Download or read book Canons of Ethics written by American Bar Association and published by . This book was released on 1923 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bodyguards of Lies written by Christopher Whelan and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses real-world examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how they tackle their conflicting duties, and highlights the 'tragic choices' lawyers everywhere routinely make through their 'power of decision'. What emerges are new ways of understanding the critical role lawyers play in society – and their professional responsibilities. 'Truth is so precious it should always be protected by a bodyguard of lies.' Churchill said this about wartime deception plans, but lawyers' clients may think their truth - especially an 'inconvenient truth' - is so precious it too should be protected. Lawyers are 'bodyguards of lies' when they use so-called 'tricks of the trade' not only to keep clients' secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty. The book presents a unique and fascinating account of what happens when lawyers' duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct.
