Legal Ethics: A Comparative Study

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Stanford University Press, 2004 - 352 páginas
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.

 

Contenido

A Historical Sketch of the Legal Professions Judges and Lawyers
15
The Roman Heritage
18
Officials Specialized in Law
21
Upper and LowerLevel Lawyers
30
Classic Law Practice
37
Modern Law Practice
45
Careers in Law in the Legalized State
54
Persistent Grievances Early Regulation
60
Adversity of Interest
186
Consent to Conflict
189
Conflict of Interest in Successive Representation
191
Commencement and Termination of Representation
195
Confidentiality
204
Disclosure of Client Confidences
209
Corporation versus Corporate Official
218
The Boundary of Legality
228

The Roles of Judge and Lawyer Differences in Roles
63
Role Conflict
75
Judicial Corruption
82
Ethical Justification of Advocacy
87
Social Justice and Legal Aid
94
Access to Justice for Ordinary Citizens
105
The Professional Virtues Competence
109
Competence More Fully Considered
119
The Continental European Model
124
The English Model
128
The American Model
130
Practical Competence
134
Finding a Good Lawyer
139
Independence
146
SelfGovernment of the Profession
150
Independence from the Client
158
Legal Ambiguity and Ethical Ideals
166
Loyalty
170
Who Is in Charge?
176
Concurrent Multiple Representation
179
Responsibility
233
Candor with the Court
234
Good Citizenship
241
Relationships with Other Lawyers
242
Relationships within Law Firms
244
An Obligation?
247
SelfGovernment through the Bar Association
251
Fees and Other Issues of Legal Economics
258
Contingent Fees
264
Fee Disputes
267
The Economics of Justice
268
MDP and MJP
274
The New Model Lawyer
280
Pretension and Practice in Ethics
287
Rules and Roles
292
Human Rights and Business Interests
293
Notes
299
Bibliography
339
Index
343
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Página 14 - To which it was answered by me, that true it was that God had endowed his Majesty with excellent science and great endowments of nature, but his Majesty was not learned in the laws of his realm of England ; and causes which concern the life or inheritance or goods or fortunes of his subjects are not to be decided by natural reason but by the artificial reason and judgment of law, which law is an act which requires long study and experience before that a man can attain to the cognizance of it...

Acerca del autor (2004)

Geoffrey C. Hazard, Jr. is Trustee Professor of Law at the University of Pennsylvania Law School. He is the coauthor of The Law and Ethics of Lawyering and The Law of Lawyering. Angelo Dondi is Professor of Civil Procedure at the University of Genoa.

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