Legal Ethics: A Comparative StudyStanford 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 |
343 | |
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ABA Rules adversary system advocate American Bar Association American law apprenticeship attorney-client privilege authority Bar Association barristers Canadian Code CCBE century Chap civil law systems client common law common law systems competence concept concerning confidentiality conflict of interest constitutional contingent fee corporate counsel countries court criminal curriculum decision defend disciplinary dispute documents duty of loyalty engaged England English European example formal function independence involved judges and lawyers judicial justice law firm law practice lawyer legal aid legal assistance legal education legal ethics legal malpractice legal profession legal rules legal services legal systems litigation matter modern legal norms obligation parties political practice of law practitioners problem procedure profes Professional Conduct professional ethics recognized regimes regulation relationship representation responsibility role rule of law similar social solicitors supra note tion tradition transaction typical U.S. Supreme Court United yers
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