Download Assessing Lawyers' Ethics: A Practitioners' Guide by Adrian Evans PDF

By Adrian Evans

ISBN-10: 051191010X

ISBN-13: 9780511910104

Criminal practitioners function in an atmosphere of possible unending moral demanding situations, and opposed to a backdrop of diminishing public opinion approximately their morality. in response to wide study, Assessing legal professionals' Ethics argues that legal professionals' person ethics might be assessed and measured in practical frameworks. while this evaluate occurs, felony practitioners usually tend to show higher moral behaviour because of their elevated wisdom in their personal offerings. This e-book advocates a number of peer-administered checking out mechanisms that experience the aptitude to opposite harmful behaviours in the felony occupation. It offers prototype suggestions, questions and tests that may be converted to fit varied felony cultures. those can help the occupation regain the initiative in moral enterprise perform, halt the decline in agencies' reputations and decrease the chance of state-sponsored regulatory intervention.

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There are however representative cases and issues, some too well-known to require detailed retelling, which establish the dominance of over-zealous or over-dependent behaviour and which may in part be a consequence of the still highly influential, rule-based approach to legal ethics. If this summary characterisation has any substance, then in North America also there is a case for ethics assessment to moderate rigorous loyalty to the professional role. 35 The sorry tale began with the not uncommon story of a family-owned corporation that, over time, split into separate lines of descent.

Two stark reminders, one now over 30 years old but the other very recent, remind us of this vulnerability. In the first example, the limits of client confidentiality were at issue. In the 1976 Macumber49 decision the Arizona Supreme Court affirmed the actions of a lawyer who decided to remain silent about the guilt of his deceased client for murder, in compliance with his ethical obligation of confidentiality under the Model Code, even after another person had been convicted and imprisoned for that offence.

14 To the Commission at least, legal advice simply to comply with the letter of the law when the wider social context called out for attention was ethically querulous. ’ This was the nub of a major problem in global legal ethics then and now: do corporate lawyers stick to a minimal legality or do they have wider social obligations where an ethically suspect manoeuvre is about to occur? Or, to put it more directly, can corporate lawyers be assessed on their overall performance with ethical as well as financial indices?

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