Ethics in Practice: Lawyers' Roles, Responsibilities, and Regulation

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Deborah L. Rhode
Oxford University Press, 25 сент. 2003 г. - Всего страниц: 614
Lawyers' ethics have been condemned for centuries, but they received little scholarly scrutiny until the last few decades. Ethics in Practice brings together leading experts in the emerging field of legal ethics to discuss the central dilemmas of practicing law. This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organizational behavior. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students. Unique in both its breadth and its depth, this book redefines debates that are of enduring significance for both the profession and the public.

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Ethics in Practice
3
The Law as a Profession
29
Why Lawyers Cant Just Be Hired Guns
42
An Essential Capability
59
Law Practice and the Limits of Moral Philosophy
75
The Ethics of Wrongful Obedience
94
The Limits of Adversarial Ethics
123
Mrs Joness Case
165
In Hell There Will Be Lawyers Without Clients or Law
177
Defining Professional
207
Task Forces on Gender Race and Ethnic Bias
240
Pro Bono for Lawyers and Law Students
264
Index
283
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Стр. 137 - Lordships — which was unnecessary, but there are many whom it may be needful to remind — that an advocate, by the sacred duty which he owes his client, knows, in the discharge of that office, but one person in the world, THAT CLIENT AND NONE OTHER. To save that client by all expedient means— to protect that client at all hazards and costs to all others, and among others to himself — is the highest and most unquestioned of his duties...
Стр. 99 - I observed a mature and initially poised businessman enter the laboratory smiling and confident. Within 20 minutes he was reduced to a twitching, stuttering wreck, who was rapidly approaching a point of nervous collapse. He constantly pulled on his earlobe, and twisted his hands. At one point he pushed his fist into his forehead and muttered: "Oh God, let's stop it.
Стр. 204 - In dealing with an organization's directors, officers, employees, members, shareholders or other constituents, a lawyer shall explain the identity of the client when it is apparent that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing.
Стр. 204 - The better the society, the less law there will be. In Heaven there will be no law, and the lion will lie down with the lamb.
Стр. 78 - No one ever had a simple sensation by itself. Consciousness, from our natal day, is of a teeming multiplicity of objects and relations, and what we call simple sensations are results of discriminative attention, pushed often to a very high degree.
Стр. 71 - What does it mean to say that the corporate executive has a "social responsibility" in his capacity as businessman? If this statement is not pure rhetoric, it must mean that he is to act in some way that is not in the interest of his employers. For example, that he is to refrain from increasing the price of the product in order to contribute to the social objective of preventing inflation, even though a price increase would be in the best interests of the corporation.
Стр. 31 - It is not from the benevolence of the butcher, the brewer, or the baker, that we expect our dinner, but from their regard to their own interest.
Стр. 119 - ... committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be.

Об авторе (2003)

Deborah L. Rhode is the McFarland Professor of Law and Director of the Center on Ethics at Stanford University. She has served as president of the Association of American Law Schools and Chair of the American Bar Association's Commission on Women in Profession, and as senior counsel for the House Judiciary Committee on impeachment issues. She is the author or coauthor of eleven books and over one hundred articles, and has received the Keck Foundation Award for Distinguished Scholarship on Ethics by the American Bar Foundation, as well as the Pro Bono Publico Award from the American Bar Association.

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