Download or read book Scrutiny of the Legal Profession written by Law Society of New South Wales and published by . This book was released on 1992 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scrutiny of the Legal Profession written by New South Wales. Law Reform Commission and published by . This book was released on 1992 with total page 216 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 Ethics of the Legal Profession written by Sir Fred Phillips and published by Routledge. This book was released on 2016-04-08 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries outside the developed world, although writers have written commentaries on specific legal codes, very little attention has been given to legal writing which has focused specifically on the ethics of the legal profession. This book makes a special contribution in that regard providing, as it does, a comparative study of prevailing efforts to enhance ethical standards in a profession potentially in crisis and under much public scrutiny. Countries which have been examined include the UK, the US, Canada, South Africa, and countries in the Pacific, South East Asia and the Caribbean. Valuable guidance and learning are provided on such topical issues as wasted costs orders, conflicts of interests, legal and judicial codes, confidentiality, privilege and the ethics of the criminal process, where the jury system comes in for critical evaluation. This book will be a valuable text on the ethics and status of the profession. It will be of considerable interest to law students, practitioners and legal academics, Bar Associations, Attorneys-General and Directors of Public Prosecutions as well as members of the judiciary.
Download or read book Professional Responsibility written by Nathan M. Crystal and published by Aspen Publishing. This book was released on 2024-02-01 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional Responsibility: Problems of Practice and the Profession, Eighth Edition, is known for its flexibility and adaptability to different teaching methods and student learning styles. The text is easily adaptable to a variety of teaching methods, including question and answer discussion of text and problems, role play, student presentations, guest speakers, and writing seminars. The book is structured to enable instructors to present the materials doctrinally or by area of practice. The extensive multifaceted problems provide instructors with a wide range of options for presenting the material. The authors have carefully crafted the text so that reading assignments are reasonable – typically 10-15 pages for a one-hour session and 20-25 pages for a two-hour session. The book offers three types of problems, each of which has a specific purpose in the student’s ethical education. The text and principal discussion problems are designed to help students develop the ability to make sound judgments for difficult questions of professional responsibility. Each chapter contains Rule Review questions that present multiple hypotheticals enabling students to understand the scope and limitations of important rules of professional conduct. Multiple-choice assessment questions at the end of each chapter with detailed answers help the students review major concepts in the chapter and prepare for the MPRE. New to the Eighth Edition: Length shortened by almost 200 pages, to focus on the most important ethical issues for two-hour courses, which are now the standard. A number of problems have been moved from the text to the website and are still available for professors who have used them in the past. More in-depth discussion of the duty of confidentiality, including comparing the scope of the duty of confidentiality in New York, the District of Columbia, and California with ABA Model Rule 1.6; examining the concepts of use and disclosure; and adding analysis of the “possession exception” to the duty of confidentiality focusing on the lawyer’s decision to take possession of such evidence and the distinction between tangible criminal material and real incriminating evidence. Coverage of a number of contemporary issues involving ethics and technology, including ethical propriety of a lawyer responding to on-line criticism and the ethical aspects of a lawyer’s use of artificial intelligence. Additional material on the obligations of defense counsel and prosecutors, including defense counsel’s obligations when advising a client regarding a competency defense and new problem material on prosecutors’ ethical obligations under Rule 3.8 dealing with evidence of a wrongful conviction. Revised material on delivery of legal services, including new material on removal of restrictions on the unauthorized practice of law, comments on legal services plans and delivery of legal services in criminal cases, and pro bono services offered by law firms. Post-2020 ethical issues, including the application of the crime-fraud exception to the attorney-client privilege and issues of frivolous claims in litigation involving the 2020 Presidential election; new material on Justice Department investigation of “pattern and practice” investigations of a number of city police departments; and scrutiny of financial benefits received by Supreme Court Justices. Benefits for instructors and students: Realistic problems that develop students’ ability to make sound judgments. Emphasis on guiding students to articulate a cogent philosophy of lawyering. Innovative, flexible organization suited to a variety of courses and clinical programs. Organized by major doctrinal concepts, such as confidentiality and conflicts of interest. Offers alternative organization by area of practice. Modular organization for professor choice. Manageable length. Extensive Teacher’s Manual suggests lessons, sample syllabi (for two- and three-hour classes), Q & A, and role-playing models. Multiple-choice assessment questions and answers located at the end of each chapter to prepare students for the MPRE. PowerPoint slides dealing with fundamental concepts and the basic problems presented in the book. Essay questions with outlines of answers on the course website that instructors can use for class discussion or student review.
Download or read book The New Lawyer written by Julie Macfarlane and published by UBC Press. This book was released on 2008-05-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Download or read book Ethics in Practice written by Deborah L. Rhode and published by Oxford University Press. This book was released on 2003-09-25 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers' ethics have been condemned for centuries, but they received little scholarly scrutiny until the last few decades. Ethics in Practice brings together leading experts in the emerging field of legal ethics to discuss the central dilemmas of practicing law. This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organizational behavior. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students. Unique in both its breadth and its depth, this book redefines debates that are of enduring significance for both the profession and the public.
Download or read book Servants of the Damned written by David Enrich and published by . This book was released on 2022-10-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A long-overdue exposé of the astonishing yet shadowy power wielded by the world's largest law firms. Though not a household name, Jones Day is well known in the halls of power, and serves as a powerful encapsulation of the changes that have swept the legal profession in recent decades. Founded in the US in 1893, it has become one of the world's largest law firms, a global juggernaut with deep ties to corporate interests and conservative politics. A key player in the legal battles surrounding the Trump administration, Jones Day has also for decades represented Big Tobacco, defended opioid manufacturers, and worked tirelessly to minimise the sexual-abuse scandals of the Catholic Church. Like many of its peers, it has fought time and again for those who want nothing more than to act without constraint or scrutiny -- including the Russian oligarchs as they have sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, the New York Times Business Investigations Editor and bestselling author David Enrich at last tells the story of 'Big Law' and the nearly unchecked influence these firms wield to shield the wealthy and powerful -- and bury their secrets.
Download or read book In the Interests of Justice written by Deborah L. Rhode and published by Oxford University Press. This book was released on 2003-04-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest. Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.
Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Paying the Price for Heightened Ethics Scrutiny written by Kathleen Clark and published by . This book was released on 1997* with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emerging Approaches to Law Firm Profitability written by Stuart J. T. Dodds and published by . This book was released on 2018-05 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emerging Approaches to Law Firm Profitability is the ideal tool to assist with the implementation of innovative business practices, providing essential guidance for those seeking new means of maximizing their firm's capacit
Download or read book Fair Deal for All Clients written by Gerald F. Phillips and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal profession is in crisis and respect for lawyers seems everywhere in decline This is largely due to how lawyers bill their clients and lawyers'' denial that improper billing practices are causing the destruction of the profession. Fair Deal for All Clients is dedicated to improving the image of lawyers by educating the public about how lawyers bill clients and by convincing lawyers that their billing practices are harming the profession. This book gives concrete suggestions on making clients more knowledgeable about billing practices, teaching lawyers to recognize improper billing practices, and having bar associations provide ethical guidelines to ensure that billing statements are honest. Every client and potential client should read this book to learn how to negotiate fair retainer agreements to protect themselves from unreasonable billing. Every lawyer and law student should read this book so that they can contribute to preserving the legal profession through proper hourly billing practices. "Fair Deal has numerous practical suggestions for attorneys determined to bill fairly and to be paid for their work. Indeed, the book''s target audience is not limited to lawyers but also includes clients, law students, and the general public." -- Richard S. Amador, California Lawyer "Gerry Phillips has provided the legal profession a comprehensive and much needed ethical perspective for twenty-first century practitioners. The moral obligations of the legal profession are clearly articulated in a forthright manner that will inspire those coming into the profession and reignite a sense of purpose for those who have established themselves as members of the legal community. This is a book that should be on every legal professional''s bookshelf!" -- Aine Donovan, Director of the Ethics Institute at Dartmouth College "Gerald Phillips has done the legal profession a great service by digging deep into that most troubling of day-to-day issues: billing clients. His book [...] is a must read for all who practice law, and especially for those responsible for teaching how to bill, whether in law schools or firms. He teaches how to both protect oneself as well as how to be fair to clients. His many years of experience and intense, long-term interest in this subject has enabled him to collect in one place all you could ever want to know about this troubling and crucially important subject." -- Abraham D. Sofaer, Stanford University (USDJ, SDNY, 1979-85) "Gerry Phillips aptly discusses the crime of bill padding that runs rampant in our industry. Our future, as ''holders of the public trust'' means we need to do something about it...now! ...[This ] book provides us with a fascinating look inside what is happening behind the scenes, and the ugly story that is improper client billing by attorneys. He also gives us a good sit-down, talking-to, about why it has to stop." -- Mary Culbert, Loyola Law School Los Angeles "...Fair Deal for All Clients: How to Rekindle Pride in the Legal Profession addresses an extremely important issue in the modern practice of law. The billing practices of lawyers have important implications relating to client relationships, integrity of the profession, ethical conduct, and a host of related issues. The many topics covered in this book are good guidelines for lawyers at all stages in their careers and in all kinds of law-related employment situations. I applaud Gerald Phillips for undertaking this timely and very helpful description of the many considerations involved in legal billing practices." -- Deanell Reece Tacha, Duane & Kelly Roberts Dean, Pepperdine University School of Law "In this important and timely book, Mr. Phillips provides a wealth of highly practical suggestions to help attorneys bill their clients in a fair and ethical manner. The book is much more than a useful roadmap for billing procedures, however, for it explains how unethical billing has eroded respect for the bar and it admonishes attorneys to bill their clients in a manner that will honor the integrity of the legal profession." -- William G. Ross, professor of law at Samford University and author of The Honest Hour: The Ethics of Time-Based Billing by Attorneys. "Gerry Phillips takes on and exposes the inherent conflicts in much of attorney billing methods. He offers/presents alternatives to financing legal services that better align both client and attorney interests -- individual, financial, and moral. An important study for an important profession under scrutiny and stress." -- Maureen Weston, professor of law, Pepperdine School of Law
Download or read book Enforcing Lawyer Non Competition Agreements While Maintaining the Profession written by Robert M. Wilcox and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers reasonably may expect today that the membership of their law firm will change over time. Members of the firm, therefore, may attempt by contract to protect the law firm from the adverse economic consequences that can accompany a lawyer's departure from the firm and subsequent competition for a portion of the firm's clientele. Contractual efforts to limit or discourage competition between lawyers, however, are deemed unethical by the Model Rules of Professional Conduct and face close and usually unfavorable scrutiny from the courts. In distinguishing the legal profession from other professions in which non-compete agreements are more commonly enforced, a number of courts have focused on the potential client's interest in being able to select any lawyer of its choosing. The result has been a nearly categorical rejection of all non-competition agreements among lawyers. Such a prophylactic rule is not necessary, however, to adequately address the concerns that may be unique to the enforcement of a non-competition agreement among lawyers. A rule of reason analysis that would protect clients from conflicts of interest, while allowing enforcement of non-compete agreements in other circumstances, offers a better approach to the issue. In five sections, this article analyzes the issue from the perspective of the various interests at stake and considers how best to preserve the professional nature of the attorney-client relationship without ignoring the lawyers' contractual undertaking not to compete.
Download or read book When Lawyers Screw Up written by Herbert Kritzer and published by University Press of Kansas. This book was released on 2018-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.
Download or read book The Transformation of Human Rights Fact finding written by Philip Alston and published by Oxford University Press. This book was released on 2016 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
