Lawyers and Fidelity to Law

Lawyers and Fidelity to Law

Author: W. Bradley Wendel

Publisher: Princeton University Press

Published: 2012-08-26

Total Pages: 300

ISBN-13: 0691156212

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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.


Book Synopsis Lawyers and Fidelity to Law by : W. Bradley Wendel

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.

A Modern Legal Ethics

A Modern Legal Ethics

Author: Daniel Markovits

Publisher: Princeton University Press

Published: 2011-01-17

Total Pages: 374

ISBN-13: 0691148139

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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.


Book Synopsis A Modern Legal Ethics by : Daniel Markovits

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.

The Good Lawyer

The Good Lawyer

Author: Adrian Evans

Publisher: Cambridge University Press

Published: 2014-09-15

Total Pages: 249

ISBN-13: 1316062708

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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.


Book Synopsis The Good Lawyer by : Adrian Evans

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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.


Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

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.

The Formation of Professional Identity

The Formation of Professional Identity

Author: Patrick Emery Longan

Publisher: Routledge

Published: 2019-09-18

Total Pages: 199

ISBN-13: 1317229711

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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.


Book Synopsis The Formation of Professional Identity by : Patrick Emery Longan

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.

Ethics and Law

Ethics and Law

Author: W. Bradley Wendel

Publisher: Cambridge University Press

Published: 2014-10-16

Total Pages: 263

ISBN-13: 1107042569

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Combining theory with real-world examples, this book explores the classic problems of legal ethics and the philosophy of law.


Book Synopsis Ethics and Law by : W. Bradley Wendel

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.

The Ethical Lawyer

The Ethical Lawyer

Author: Richard Scragg

Publisher:

Published: 2018

Total Pages: 438

ISBN-13: 9781988553368

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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.


Book Synopsis The Ethical Lawyer by : Richard Scragg

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.

The American Lawyer

The American Lawyer

Author: John Randolph Dos Passos

Publisher:

Published: 1907

Total Pages: 198

ISBN-13:

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Book Synopsis The American Lawyer by : John Randolph Dos Passos

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:

On Being a Christian and a Lawyer

On Being a Christian and a Lawyer

Author: Thomas L. Shaffer

Publisher: Friends of the Library

Published: 1981

Total Pages: 294

ISBN-13:

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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.


Book Synopsis On Being a Christian and a Lawyer by : Thomas L. Shaffer

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.

Inside Lawyers' Ethics

Inside Lawyers' Ethics

Author: Christine Parker

Publisher:

Published: 2007

Total Pages: 269

ISBN-13: 9780511294099

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Book Synopsis Inside Lawyers' Ethics by : Christine Parker

Download or read book Inside Lawyers' Ethics written by Christine Parker and published by . This book was released on 2007 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: