Regulating Lawyers Through Disciplinary Systems

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2023
Category : LAW
ISBN : 1032616105

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Regulating Lawyers Through Disciplinary Systems by Anonim Pdf

This book offers comparative analyses on issues in lawyer regulation in England and Wales, Japan, Myanmar, New Zealand and Singapore. It examines the lawyer disciplinary systems in different jurisdictions through diverse and comparative perspectives. In addition to enriching the literature on legal ethics, contributions also highlight areas for future research regarding the legal and other professions in different jurisdictions and the methodologies that may be applied. Chapters examine common issues faced by lawyer disciplinary systems throughout the world, such as: transparency of regulatory outcomes, which varies widely and provides challenges to assessing the effectiveness of lawyer regulatory systems whether systems tilt too much toward protecting lawyers and if a move from self-regulation to independent regulators yields better outcomes changes in demographics of the legal profession and regulatory changes posing challenges in longitudinal studies of regulatory systems disciplining of repeat actors raising questions of the deterrence goals of a regulatory system deviation of systems that maintain tight state control over the legal profession from both United Nations and other international norms for lawyer discipline the role of pro bono obligations and the discourse around legal ethics Regulating Lawyers Through Disciplinary Systems will be an invaluable resource for scholars, practitioners and regulators of the legal profession, while also appealing to those interested in legal and other professional ethics. This book was originally published as a special issue of the International Journal of the Legal Profession.

Author : Kay-Wah Chan,Judith A McMorrow,Avrom Sherr
Publisher : Taylor & Francis
Page : 90 pages
File Size : 46,7 Mb
Release : 2023-12-04
Category : Law
ISBN : 9781003827276

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Regulating Lawyers Through Disciplinary Systems by Kay-Wah Chan,Judith A McMorrow,Avrom Sherr Pdf

This book offers comparative analyses on issues in lawyer regulation in England and Wales, Japan, Myanmar, New Zealand and Singapore. It examines the lawyer disciplinary systems in different jurisdictions through diverse and comparative perspectives. In addition to enriching the literature on legal ethics, contributions also highlight areas for future research regarding the legal and other professions in different jurisdictions and the methodologies that may be applied. Chapters examine common issues faced by lawyer disciplinary systems throughout the world, such as: transparency of regulatory outcomes, which varies widely and provides challenges to assessing the effectiveness of lawyer regulatory systems whether systems tilt too much toward protecting lawyers and if a move from self-regulation to independent regulators yields better outcomes changes in demographics of the legal profession and regulatory changes posing challenges in longitudinal studies of regulatory systems disciplining of repeat actors raising questions of the deterrence goals of a regulatory system deviation of systems that maintain tight state control over the legal profession from both United Nations and other international norms for lawyer discipline the role of pro bono obligations and the discourse around legal ethics Regulating Lawyers Through Disciplinary Systems will be an invaluable resource for scholars, practitioners and regulators of the legal profession, while also appealing to those interested in legal and other professional ethics. This book was originally published as a special issue of the International Journal of the Legal Profession.

Author : Center for Professional Responsibility
Publisher : Unknown
Page : 574 pages
File Size : 51,5 Mb
Release : 2020-04-07
Category : Law
ISBN : 1641053836

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Annotated Standards for Imposing Lawyer Sanctions by Center for Professional Responsibility Pdf

Annotated Standards for Imposing Lawyer Sanctions, Second Edition is an essential resource, presenting an authoritative and practical analysis of the cases and other legal authorities essential to understanding the application of the black letter Standards.

Author : Vivien Holmes,Francesca Bartlett
Publisher : Cambridge University Press
Page : 399 pages
File Size : 53,5 Mb
Release : 2023-01-10
Category : Law
ISBN : 9781009051033

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Parker and Evans's Inside Lawyers' Ethics by Vivien Holmes,Francesca Bartlett Pdf

Parker and Evans's Inside Lawyers' Ethics provides a practical and engaging introduction to ethical decision-making in legal practice in Australia. Underpinned by four theoretical concepts – adversarial advocacy, responsible lawyering, moral activism and ethics of care – this text analyses legal and professional frameworks, highlighting relevant parts of the Australian Solicitors' Conduct Rules. Case studies and discussion questions offer contemporary, practical examples of the application of ethics. The book also addresses the challenge of ethical action and offers techniques to deal with ethical conflicts.This edition has been comprehensively updated and discusses the implications of advances in legal technology, mental ill-health in the profession and the complexities of government legal practice. A new chapter covers lawyers' ethical obligation to address the legal challenges posed by climate change. Written by an expert author team, Parker and Evans's Inside Lawyers' Ethics empowers readers to identify ethical challenges and resolve them through good decision-making practices.

Author : Reid Mortensen,Francesca Bartlett,Kieran Tranter
Publisher : Routledge
Page : 304 pages
File Size : 52,8 Mb
Release : 2010-09-13
Category : Law
ISBN : 9781136937408

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Alternative Perspectives on Lawyers and Legal Ethics by Reid Mortensen,Francesca Bartlett,Kieran Tranter Pdf

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.

Author : Gavin MacKenzie
Publisher : Unknown
Page : 580 pages
File Size : 40,7 Mb
Release : 1993
Category : Lawyers
ISBN : 0459552201

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Lawyers and Ethics by Gavin MacKenzie Pdf

Author : Herbert Kritzer,Neil Vidmar
Publisher : University Press of Kansas
Page : 248 pages
File Size : 43,9 Mb
Release : 2018-03-15
Category : Law
ISBN : 9780700625857

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When Lawyers Screw Up by Herbert Kritzer,Neil Vidmar Pdf

Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.

Author : Stephen Gillers,Roy D. Simon,Andrew M. Perlman
Publisher : Aspen Publishing
Page : 528 pages
File Size : 54,8 Mb
Release : 2018-12-03
Category : Law
ISBN : 9781543804300

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Regulation of Lawyers by Stephen Gillers,Roy D. Simon,Andrew M. Perlman Pdf

Regulation of Lawyers, Statutes and Standards, Concise Edition, 2019

Author : Bloomsbury Publishing
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 46,6 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781509905195

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International Perspectives on the Regulation of Lawyers and Legal Services by Bloomsbury Publishing Pdf

This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

Author : Robert Baldwin,Martin Cave,Martin Lodge
Publisher : OUP Oxford
Page : 680 pages
File Size : 40,5 Mb
Release : 2012-07-19
Category : Business & Economics
ISBN : 9780191629433

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The Oxford Handbook of Regulation by Robert Baldwin,Martin Cave,Martin Lodge Pdf

Regulation is often thought of as an activity that restricts behaviour and prevents the occurrence of certain undesirable activities, but the influence of regulation can also be enabling or facilitative, as when a market could potentially be chaotic if uncontrolled. This Handbook provides a clear and authoritative discussion of the major trends and issues in regulation over the last thirty years, together with an outline of prospective developments. It brings together contributions from leading scholars from a range of disciplines and countries. Each chapter offers a broad overview of key current issues and provides an analysis of different perspectives on those issues. Experiences in different jurisdictions and insights from various disciplines are drawn upon, and particular attention is paid to the challenges that are encountered when specific approaches are applied in practice. Contributors develop their own distinctive arguments relating to the central issues in regulation and apply scholarly rigour and clear writing to matters of high policy-relevance. The essays are original, accessible, and agenda-setting, and the Handbook will be essential reading both to students and researchers and to with regulatory and regulated professionals.

Author : Richard L. Abel
Publisher : Oxford University Press, USA
Page : 514 pages
File Size : 53,9 Mb
Release : 2011
Category : Law
ISBN : 9780199760374

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Lawyers on Trial by Richard L. Abel Pdf

People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.

Author : Nathan M. Crystal,Grace M. Giesel
Publisher : Aspen Publishing
Page : 845 pages
File Size : 42,8 Mb
Release : 2024-02-01
Category : Law
ISBN : 9798889062943

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Professional Responsibility by Nathan M. Crystal,Grace M. Giesel Pdf

Professional Responsibility: Problems of Practice and the Profession, Eighth Edition, is known for its flexibility and adaptability to different teaching methods and student learning styles. The text is easily adaptable to a variety of teaching methods, including question and answer discussion of text and problems, role play, student presentations, guest speakers, and writing seminars. The book is structured to enable instructors to present the materials doctrinally or by area of practice. The extensive multifaceted problems provide instructors with a wide range of options for presenting the material. The authors have carefully crafted the text so that reading assignments are reasonable – typically 10-15 pages for a one-hour session and 20-25 pages for a two-hour session. The book offers three types of problems, each of which has a specific purpose in the student’s ethical education. The text and principal discussion problems are designed to help students develop the ability to make sound judgments for difficult questions of professional responsibility. Each chapter contains Rule Review questions that present multiple hypotheticals enabling students to understand the scope and limitations of important rules of professional conduct. Multiple-choice assessment questions at the end of each chapter with detailed answers help the students review major concepts in the chapter and prepare for the MPRE. New to the Eighth Edition: Length shortened by almost 200 pages, to focus on the most important ethical issues for two-hour courses, which are now the standard. A number of problems have been moved from the text to the website and are still available for professors who have used them in the past. More in-depth discussion of the duty of confidentiality, including comparing the scope of the duty of confidentiality in New York, the District of Columbia, and California with ABA Model Rule 1.6; examining the concepts of use and disclosure; and adding analysis of the “possession exception” to the duty of confidentiality focusing on the lawyer’s decision to take possession of such evidence and the distinction between tangible criminal material and real incriminating evidence. Coverage of a number of contemporary issues involving ethics and technology, including ethical propriety of a lawyer responding to on-line criticism and the ethical aspects of a lawyer’s use of artificial intelligence. Additional material on the obligations of defense counsel and prosecutors, including defense counsel’s obligations when advising a client regarding a competency defense and new problem material on prosecutors’ ethical obligations under Rule 3.8 dealing with evidence of a wrongful conviction. Revised material on delivery of legal services, including new material on removal of restrictions on the unauthorized practice of law, comments on legal services plans and delivery of legal services in criminal cases, and pro bono services offered by law firms. Post-2020 ethical issues, including the application of the crime-fraud exception to the attorney-client privilege and issues of frivolous claims in litigation involving the 2020 Presidential election; new material on Justice Department investigation of “pattern and practice” investigations of a number of city police departments; and scrutiny of financial benefits received by Supreme Court Justices. Benefits for instructors and students: Realistic problems that develop students’ ability to make sound judgments. Emphasis on guiding students to articulate a cogent philosophy of lawyering. Innovative, flexible organization suited to a variety of courses and clinical programs. Organized by major doctrinal concepts, such as confidentiality and conflicts of interest. Offers alternative organization by area of practice. Modular organization for professor choice. Manageable length. Extensive Teacher’s Manual suggests lessons, sample syllabi (for two- and three-hour classes), Q & A, and role-playing models. Multiple-choice assessment questions and answers located at the end of each chapter to prepare students for the MPRE. PowerPoint slides dealing with fundamental concepts and the basic problems presented in the book. Essay questions with outlines of answers on the course website that instructors can use for class discussion or student review.

Author : Christine Parker,Adrian Evans
Publisher : Cambridge University Press
Page : 381 pages
File Size : 43,6 Mb
Release : 2018-06-14
Category : Law
ISBN : 9781316642009

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Inside Lawyers' Ethics by Christine Parker,Adrian Evans Pdf

Inside Lawyers' Ethics offers a practical examination of the moral and ethical dilemmas that legal professionals may encounter in the professional environment. The text provides comprehensive coverage and analysis of general philosophical approaches to morality as well as the legal frameworks which govern ethical decision-making and practice.

Author : Susan R. Martyn,Lawrence J. Fox,W. Bradley Wendel
Publisher : Aspen Publishing
Page : 444 pages
File Size : 53,8 Mb
Release : 2021-04-01
Category : Law
ISBN : 9781543841527

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The Law Governing Lawyers by Susan R. Martyn,Lawrence J. Fox,W. Bradley Wendel Pdf

The Law Governing Lawyers: Model Rules, Standards, Statutes, and State Lawyer Rules of Professional Conduct, 2021-2022

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 47,5 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

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.