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Legal Ethics

A Handbook for Zimbabwean Lawyers

This handbook is organised into eight parts: What are Professional Ethics?; Nature and Structure of the Profession; Common-law Ethical Duties of a Legal Practitioner; Statutory Duties of a Legal Practitioner; Administering Oaths; Cessation or abandonment of practice; Disciplinary Proceedings; and Judges Magistrates and Prosecutors.

This handbook is organised into eight parts: What are Professional Ethics?

ESSAYS IN LEGAL ETHICS

George William Warvelle, 1852-1940, was a legal paragon in his time; a Professor of Law in Chicago; a prominent legal scholar; and the author of many law volumes still in print and found in law offices and libraries today. This book was first published in 1902 in an era of no radio, no TV, or other electronic wastelands; an era when man communicated with conversation, reading and writing. The book is by a lawyer and was aimed at the then law students and practicing lawyers; however, the lessons therein are of historical interest to any lawyer or scholarly person today.

This book was first published in 1902 in an era of no radio, no TV, or other electronic wastelands; an era when man communicated with conversation, reading and writing.

Legal Ethics

A Comparative Study

Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.

Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the ...

Alternative Perspectives on Lawyers and Legal Ethics

Reimagining the Profession

The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the years. This book offers contemporary and non-mainstream perspectives on the shape of the legal profession. It examines how the public sees lawyers and how lawyers see their own profession.

The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the years. This book offers contemporary and non-mainstream perspectives on the shape of the legal profession.

Legal Ethics for Lawyers

A New Model

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers’ professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable to lawyers, clients, and society at that time. However, this is not the case now and legal ethics no longer reflects the needs of modern legal practice. This book draws on moral philosophy to present a new model of legal ethics that explains the analytical process to include ethical advice. It analyses the potential harm of the present model to the legal profession who have duties to the law and justice that may compete with demands by clients to serve them. Further, lawyers’ duty to clients to act in their best interests is sometimes not adequately fulfilled as legal ethics does not permit lawyers to give ethical advice even if it may be in clients’ best interests to do so. The work includes a detailed case study of corporate law practice to show why a new legal ethics is required. Other case examples are provided to demonstrate that lawyers practicing in all areas of law encounter ethical issues and they too will benefit from a new legal ethics. The book will be essential reading for students, academics, lawyers and professional bodies.

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics.

Reaffirming Legal Ethics

Taking Stock and New Ideas

It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation. This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers. The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. The contributors also look at the theme of affirmation. Within an increasingly complex environment of change and dynamism, this volume reaffirms that there is value within the field of legal ethics. That is the project of reflecting on the unique ethical and conduct requirements of lawyering can not be submerged into a broader field of applied philosophy, management or regulatory studies. While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.

While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.

Legal Ethics, Professional Responsibility, and the Legal Profession

"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. As a multi-dimensional work by scholarly experts in several fields, the 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 rich discussion of the modern law of legal malpractice, and (6) concludes with exploration of the rules of judicial ethics."--Publisher website.

As the legal profession undergoes structural changes, longstanding principles of ethics still govern the day-to-day lives of practicing lawyers.

Legal Ethics

Who would or should defend a potential murderer in court? How do professions regulate themselves? Is 'no win-no fee' an ethical system? Where is the line in a 'suitable' client-advocate relationship? Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct. Features throughout the textbook to aid student learning include the highlighting of key cases, principles, and definitions; the inclusion of a variety of viewpoints through coverage of cases, popular media, and scholarly articles; and use inclusion of 'digging deeper' and 'alternative viewpoint' boxes which encourage critical reflection and better understanding of key theories and topics. The well developed online resource centre includes Podcasts linked to the 'what would you do' chapter features, video debates, relevant updates and web links.

Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their ...

Legal Ethics

Combining rigorous analysis of the professional rules of lawyer conduct with extensive interdisciplinary materials on the legal profession and ethics, this casebook offers a unique perspective on the professional challenges facing contemporary lawyers--and their opportunity to promote the public good. The book combines real-life problems, doctrinal and statutory analysis, and carefully-edited readings to offer a comprehensive and critical examination of the role of lawyers as client representatives and democratic citizens. Many of the chapters can be used as independent units for courses focusing on ethical problems in corporate practice, tax practice, family law, criminal law, and public interest law. The eighth edition also includes extensive revisions that provide new analysis of core professional rules, enhanced organizational formats, and critical additions to the case law and professional literature. Key changes include expanded coverage of how the lawyer-client relationship begins and ends; important updates to the materials on confidentiality, conflicts of interest, and market regulation; recent media clips; and new research on access to justice, diversity and inclusion , lawyer well being and legal education.

The book combines real-life problems, doctrinal and statutory analysis, and carefully-edited readings to offer a comprehensive and critical examination of the role of lawyers as client representatives and democratic citizens.