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Inside Lawyers' Ethics

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Inside Lawyers' Ethics
By
Christine Parker, Adrian Evans
Description
Legal ethics is often described as an
oxymoron or contradiction in terms - lay people find the concept
amusing and lawyers can find ethics impossible. The best lawyers are
those who have come to grips with their own values and actively seek
to improve their ethical practise. This book is designed to help law
students and new lawyers understand and modify their own ethical
priorities, not just because this knowledge makes it easier to
practise law and earn an income, but because self-aware, ethical
legal practice is right and feels better than anything else. Packed
with case studies of ethical scandals and dilemmas from real life
legal practice in Australia, each chapter delves into the most
difficult issues lawyers face. From lawyers’ part in corporate
fraud to the ethics of time-based billing, Parker and Evans expose
the values that underlie current practice and set out the
alternatives ethical lawyers might follow.
• Makes ethics material accessible
by introducing typology of four approaches to lawyers’ ethics
in the first two chapters, and using these to critique law and
practice throughout the text • Almost all the case studies are
Australian, and highlight the challenges discussed • Review
questions offered at the end of each chapter are designed to prompt
readers to think about the approaches they have been using themselves
to decide their own ethical positions
Contents
1. Introduction: values in practice; 2.
Alternative to adversarial advocacy; 3. The responsibility climate:
regulation of lawyers’ ethics; 4. Civil litigation and
excessive adversarialism; 5. Ethics in criminal justice: proof and
truth; 6. Ethics in negotiation and alternative dispute resolution;
7. Conflicting loyalties; 8. Lawyers’ fees and costs: billing
and over-charging; 9. Corporate lawyers and corporate misconduct; 10.
Conclusion - personal professionalism: personal values and legal
professionalism.
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