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Why Lawyers Behave As They Do

Author : Paul G. Haskell
Publisher : Routledge
Page : 144 pages
File Size : 44,58 MB
Release : 2018-03-08
Category : Political Science
ISBN : 0429971613

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In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior. Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the clients case.In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior.

Why Lawyers Behave As They Do

Author : Paul G. Haskell
Publisher : Routledge
Page : 183 pages
File Size : 21,26 MB
Release : 2018-03-08
Category : Political Science
ISBN : 0429982690

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In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior. Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the clients case.In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 41,11 MB
Release : 2007
Category : Law
ISBN : 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.

The Moral Compass of the American Lawyer

Author : Richard A. Zitrin
Publisher : Ballantine Books
Page : 288 pages
File Size : 13,5 MB
Release : 2011-10-12
Category : Social Science
ISBN : 030780741X

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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.

Alternative Perspectives on Lawyers and Legal Ethics

Author : Reid Mortensen
Publisher : Routledge
Page : 562 pages
File Size : 35,88 MB
Release : 2010-09-13
Category : Law
ISBN : 1136937404

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The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the last 30 years. However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and practise, this collection seeks to disrupt this homogenising impulse and to present alternative voices by bringing together a range of international scholars writing about legal ethics and the legal profession. The book features significant and timely contributions which take contemporary and non-mainstream perspectives on the current and future shape of the legal profession. The essays not only describe the rapidly changing profession but canvas different approaches to scholarship on the legal profession. The collection seeks to explore a diverse and contextualised profession from a number of angles. Authors examine how the public sees lawyers and how lawyers see their own profession; how we practise law and how this practice shapes lawyers; how such cultural and professional practice intersects with institutional structures of the law to create certain legal outcomes; and how we regulate the legal profession to modify or institute ethical practice. The volume provides insights into legal culture and ethics from the perspective of authors from Australia, Canada, England, the United States, New Zealand and Kenya – a diversity of national perspectives that give valuable insights into developments in the profession at the local and global level. It also illustrates diversity within the profession by tracing differing professional career trajectories based on raced or gendered barriers, alternative ethical strategies and the impact of organisational cultures in which lawyers practice.

Psychology for Lawyers

Author : Jennifer K. Robbennolt
Publisher : American Bar Association
Page : 560 pages
File Size : 10,53 MB
Release : 2021
Category : Law
ISBN : 9781641058162

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The primary goal of this book is to expose lawyers and law students to some of the key insights offered by the field of psychology and to illustrate the ways in which understanding these insights can improve the practice of law.

The Counsel of Rogues?

Author : Tim Dare
Publisher : Routledge
Page : 182 pages
File Size : 41,2 MB
Release : 2016-03-16
Category : Law
ISBN : 1317037154

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There is a widespread perception that even when lawyers are acting squarely within their roles, being good lawyers, they display the vices of dishonesty and deviousness. At the heart of the perception is the so called standard conception of the lawyer’s role according to which lawyers owe special duties to their clients which render permissible, or even mandatory, acts that would otherwise count as morally impermissible. Many have concluded that the standard conception should be set aside. This book suggests that the moral implications of the standard conception are often mischaracterised. Critics suggest that the conception requires lawyers to secure any advantage the law can be made to give. But Dare offers a moral argument for the conception, according to which it justifies a more limited and moderate sphere of professional conduct than is normally supposed, allowing lawyers to preserve their integrity while giving proper weight to the role-differentiated permissions and obligations of their roles.

Divorce Lawyers at Work

Author : Lynn Mather
Publisher : Oxford University Press
Page : 255 pages
File Size : 34,29 MB
Release : 2001-09-13
Category : Law
ISBN : 0195349261

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How do lawyers think about and make the important decisions that constitute the day-to-day practice of law? This book explores that question through an extensive empirical study of lawyers practicing divorce law in New England. The authors emphasize the importance of "collegial control" in shaping lawyers' decisions and identify a variety of "communities of practice" that serve as key agents of that control. Offering a new understanding of the nature of lawyers' work in divorce law as well as a new perspective on legal professionalism, this book is required reading for scholars, students, and practitioners.

Divorce Lawyers and Their Clients

Author : Austin Sarat
Publisher : Oxford University Press, USA
Page : 204 pages
File Size : 39,51 MB
Release : 1995
Category : Law
ISBN : 0195063872

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Based on over 100 lawyer-client conferences at which the authors were observers, this book charts the complicated and shifting relationships between the two as they work out the strategy and tactics of divorce. It also examines the nature of the marriage and why marriages fail, the nature of the legal process and the best way to resolve divorce.

Legal Aid Lawyers and the Quest for Justice

Author : Daniel Newman
Publisher : A&C Black
Page : 310 pages
File Size : 42,57 MB
Release : 2014-07-18
Category : Law
ISBN : 1782252223

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This book examines the state of access to criminal justice by considering the health of the lawyer-client relationship under legal aid. In the largest study of its kind for some two decades, ethnographic fieldwork is used to gain a fresh perspective upon the interaction that lies at the heart of the criminal justice system's equality of arms. The research produces two contradictory messages; in interview, lawyers claim a positive relationship with their clients while, under participant observation, there emerges quite the opposite. Paying more heed to what was seen than what was said, it is supposed that these lawyers were able to talk the talk but not walk the walk. The lawyers treat their clients with wanton disrespect; making fun of them, talking over them and pushing them to plead guilty – despite protestations to the contrary. The evidence is damning for this branch of the legal profession – and tragic for the clients who depend on them. What is responsible for this malaise...inadequate financial remuneration? Increased time pressures? Lapsed ethical training? Whatever the origin, this book is intended to show the profession that there is a problem – one that could get worse unless they choose to learn from the mistakes made by the lawyers in this study.