Legal Ethics

Name: Legal Ethics
Price: 3890 ISK
Availability: InStock
Author: Jonathan Herring
ISBN: 9780192576491

Höfundur: Jonathan Herring (Útgáfa: 3)

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The most student-focused guide to legal ethics, encouraging questioning, reflection and discussion to develop a personal response to ethical issues. Who would or should defend a potential murderer in court? How do professions regulate themselves? Is 'no win-no fee' an ethical system? Where is the line in a 'suitable' client-advocate relationship? Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails.

Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct. Features throughout the textbook to aid student learning include: - Highlighting of key cases, principles, and definitions - Inclusion of a variety of viewpoints through coverage of cases, popular media, and scholarly articles - Use of 'digging deeper' and 'alternative viewpoint' boxes which encourage critical reflection and better understanding of key theories and topics - Extracts from the professional handbooks and codes of conduct are explained in detail in 'Follow the code' boxes New to this edition: - Updated content in light of new editions of professional guidance - New material on use of social media - Examination of developments in professional ethics regarding sexual misconduct - Greater focus and coverage on the importance of diversity Digital formats and resources The 3rd edition is available for students and institutions to purchase in a variety of formats.

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Útgefandi: Oxford University Press Academic UK

ISBN: 9780192576491

Print ISBN: 9780198840046

Format: ePub

Útgáfa: 3

Höfundar: Jonathan Herring

Tungumál: English

Útgefið: 2023-09-26

Prent takmörkun á líftíma: 100

Prent takmörkun: 2

Afritunar takmörkun: 2

Kaflar

Cover Page
Frontispiece
Title page
Copyright page
Preface
Guide to the features in Legal Ethics
Key issues ● Introduction
Follow the Code ● Key statute ● Key case
Digging deeper ● Alternative view ● Application
Definition ● Example ● Scandal!
What would you do?
Conclusion ● Further reading
Table of Contents
Table of cases
United Kingdom
EUROPEAN UNION
Court of Justice of the European Union (CJEU)
European Court of Human Rights (ECtHR)
NATIONAL COURTS
Australia
Canada
United States
Table of statutes and professional codes
UK statutes
International Treaties and Conventions
UK secondary legislation
European secondary legislation
SRA non-statutory rules
Codes of Practice
1 Ethical theories
1.1 Introduction
1.2 Lawyers and legal ethics
1.3 The role of ethics
1.3.1 Norms and ethics
1.3.2 Law and ethics
1.4 Ethical disagreements
1.4.1 The overarching approach
1.4.2 Minimum requirements or maximally ethical
1.4.3 Guiding me or judging others?
1.4.4 Ethics and regulation
1.4.5 People and acts
1.5 General ethical principles
1.5.1 Consequentialism
1.5.1.1 Problems with consequentialism
1.5.2 Rule consequentialism
1.5.2.1 Problems with rule consequentialism
1.5.3 Deontology
1.5.3.1 Problems with deontology
1.5.3.2 Applying deontology: Principlism
Autonomy
Non-maleficence
Beneficence
Justice
Applying the principles
Critics of principlism
1.5.4 Virtue ethics
1.5.4.1 Problems with virtue ethics
1.5.5 Feminist ethics
1.5.5.1 Problems with feminist ethics
1.5.6 Ethics of care
1.5.6.1 Problems with ethics of care
1.6 Are lawyers’ ethics special?
1.7 The role of the lawyer
1.7.1 Partisanship
1.7.1.1 Hyper-zeal
1.7.1.2 Moderate zeal
1.7.1.3 Criticism of zealousness
1.7.2 Neutrality
1.7.3 Fiduciary
1.7.4 Justice
1.7.5 Care
1.8 Should law degrees include ethics?
1.9 Professional codes
1.10 Conclusion
Further reading
2 The social context of the legal profession
2.1 Introduction
2.2 Professionalism
2.3 The social place of lawyers
2.3.1 Their political role
2.3.2 Power
2.3.3 Knowledge
2.3.4 Social status
2.3.5 Ethics
2.4 ‘The crisis of legal professionalism’
2.4.1 Legal aid
2.4.2 Internationalisation
2.4.3 Challenges to monopoly
2.4.4 Quality of service
2.4.5 Trust
2.4.6 Too many lawyers?
2.4.7 Lawyers as servant
2.4.8 Specialism
2.4.9 Mental health
2.5 Culture
2.6 Legal executives
2.7 Anti-lawyers
2.8 Conclusion
Further reading
3 Gender, race, and diversity in the legal profession
3.1 Introduction
3.2 The meaning of ‘diversity’
3.2.1 Formal diversity
3.2.2 Substantive diversity
3.2.3 Diversity and attitude
3.3 Why promote diversity?
3.3.1 Benefits to the profession
3.3.2 Fairness
3.3.3 Social good
3.3.4 Summary
3.4 The current status of the profession in terms of diversity
3.4.1 Gender
3.4.1.1 Solicitors
3.4.1.2 Bar
3.4.2 Race
3.4.2.1 Solicitors
3.4.2.2 Bar
3.4.3 Disability
3.4.4 Class
3.4.5 Complaints
3.4.6 Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI)
3.5 Diversity and the judiciary
3.6 The Equality Act 2010
3.7 The SRA Code
3.8 The BSB Handbook
3.9 Barriers to diversity
3.9.1 Expense
3.9.2 Work experience
3.9.3 Perception
3.9.4 Choice
3.9.5 Legal culture
3.9.6 Unclear promotion
3.9.7 Stereotypes
3.10 Practical steps to promote diversity
3.10.1 Financial support
3.10.2 Recruitment
3.10.3 Monitoring
3.10.4 Cultural changes
3.10.5 Promotion
3.10.6 Mentoring
3.10.7 Flexible times
3.10.8 Quotas and positive action
3.11 No hope
3.12 Are women lawyers different?
3.13 Conclusion
Further reading
4 The regulation of the legal profession
4.1 Introduction
4.2 The need for regulation
4.3 Styles of regulation
4.4 Who can practise law?
4.5 Regulatory bodies
4.5.1 The Legal Services Board
4.5.2 The Solicitors Regulation Authority
4.5.3 Enforcement
4.5.4 The Solicitors Disciplinary Tribunal
4.5.5 The Bar Standards Board
4.5.6 The Bar Tribunals and Adjudication Service
4.5.7 The Legal Ombudsman
4.5.8 Other regulators
4.5.8.1 Discussion of the complaints procedures
4.6 Self-regulation
4.6.1 The SRA Handbook
4.6.1.1 Principles-based regulation
4.6.1.2 The seven Principles
4.6.1.3 Applying the Principles
4.6.1.4 Principle 1: Justice and the Rule of Law
4.6.1.5 Principle 2: Public Trust
4.6.1.6 Principle 3: Independence
4.6.1.7 Principle 4: Honesty
4.6.1.8 Principle 5: Integrity
4.6.1.9 Principle 6: Equality and Diversity
4.6.1.10 Principle 7: Best interests of the client
4.6.1.11 Code of Conduct
4.6.2 The BSB Handbook
4.7 Issues around codes
4.7.1 How detailed the guidance should be
4.7.2 Are codes about enforcement?
4.7.3 One code for all lawyers?
4.7.4 The legal status of codes
4.8 Alternatives
4.9 Complaints about solicitors
4.9.1 Misuse of regulation
4.10 Barristers
4.10.1 Bar Standards Board complaints procedure
4.10.2 The structure of the barristers’ profession
4.10.2.1 Chambers
4.10.2.2 Barristers and briefs
4.10.3 Becoming a King’s Counsel
4.11 McKenzie friend
4.12 Alternative business structures
4.13 Legal education
4.13.1 Solicitors Qualifying Examination
4.13.2 Apprenticeship
4.13.3 How law is to be taught at universities
4.13.4 The vocational year for barristers
4.13.5 Continuous professional development
4.13.6 The place of ethics in legal education
4.13.7 The delivery of ethics
4.14 Conclusion
Further reading
5 The lawyer–client relationship
5.1 Introduction
5.2 The professional codes
5.2.1 Who defines a client’s interests?
5.2.2 Balancing the interests of clients and others
5.2.3 Agency
5.2.4 Contractual relationship
5.2.5 The fiduciary model
5.3 The ‘standard conception’
5.3.1 Partisanship
5.3.2 Neutrality
5.3.3 Non-accountability
5.3.4 Justifications for the standard conception
5.3.5 Objections to the standard conception
5.4 Alternatives to the standard conception
5.4.1 Bradley Wendel
5.4.2 William Simon
5.4.3 Ethics of care
5.5 The differing models
5.6 Advertising
5.7 The cab-rank rule
5.7.1 The justification for the rule
5.7.2 The cab-rank rule in practice
5.8 Solicitors and client choice
5.9 Who is the client?
5.10 Referrals
5.11 Ending a relationship with a client
5.12 Conclusion
Further reading
6 Confidentiality
6.1 Introduction
6.2 The protection of lawyer–client communications
6.3 Professional guidance
6.4 Confidentiality
6.5 Legal professional privilege
6.5.1 Communications between lawyer and client
6.5.2 Communications between lawyers and third parties
6.5.3 Who can plead the privilege?
6.5.4 Exceptions to privilege and confidentiality
6.5.4.1 Consent/waiver
6.5.4.2 The criminal activity exception
6.5.4.3 The Children Act 1989
6.5.4.4 Duty to the court
6.5.4.5 Legal obligation to disclose
6.5.4.6 Disclosure in the public interest
6.5.4.7 Statute
6.5.4.8 Client–solicitor litigation
6.5.4.9 Mediation
6.5.4.10 Joint retainers
6.6 Duty to disclose
6.7 Against privilege
6.8 Conclusion
Further reading
7 Conflicts of interests
7.1 Introduction
7.2 The basic principles
7.3 The professional codes
7.3.1 The SRA Code of Conduct
7.3.2 The Bar Standards Board Handbook
7.4 The ethical basis for the principle
7.4.1 The problem of the real world
7.4.2 The remedy
7.5 What is a ‘conflict of interest’?
7.5.1 Own interests
7.5.2 What interests are covered?
7.5.3 A risk of conflict?
7.5.4 How direct must the conflict be?
7.5.5 Who is a client?
7.5.6 New clients
7.6 Exceptions
7.6.1 Consent and common interest
7.6.2 Informational barriers or ethical screens
7.6.3 Merging firms
7.6.4 Conflict arising between existing clients
7.6.5 Criminal cases and clients
7.6.6 Buyer and seller
7.6.7 Family cases
7.6.8 Group litigation
7.7 Conclusion
Further reading
8 Fees
8.1 Introduction
8.2 Sources and forms of funding
8.3 Ethics and fees
8.4 Contingency fees
8.4.1 Conditional fee agreements
8.4.2 ‘Damages-based agreements’
8.4.3 The operation of contingency fees
8.4.4 In favour of contingency fees
8.4.5 Against contingency fees
8.4.6 Claims companies
8.5 Speculative fees
8.6 Damages-based agreements
8.7 Insurance
8.7.1 Commission
8.8 Hourly fees
8.9 Court assessment
8.10 Solicitors Regulation Authority review
8.11 Legal proceedings to recover fees
8.12 Client funds
8.12.1 Separate accounts
8.12.2 Interest on client’s account
8.13 Legal aid
8.13.1 The problem with the previous regime
8.13.2 The cuts
8.13.3 The case for cuts
8.13.4 The case against the cuts
8.13.4.1 Human rights
8.13.4.2 False economy
8.13.5 Criminal law
8.13.6 Family law
8.13.7 Access to justice
8.14 Conclusion
Further reading
9 Negligence and lawyers
9.1 Introduction
9.2 Contract
9.2.1 Is there a contract?
9.2.2 What are the terms of the contract?
9.3 Fiduciary duties
9.4 The basic principles of negligence
9.4.1 Establishing a duty of care
9.4.2 Duty of care to third parties
9.4.3 Breach of the duty
9.4.3.1 Knowledge of the law
9.4.3.2 Lawyers and specialisation
9.4.3.3 The burden of proof
9.4.3.4 Practical advice
9.4.3.5 Settlement
9.4.3.6 Following the instructions of a client
9.4.3.7 Solicitors following the advice of a barrister
9.4.3.8 Barristers
9.4.4 Loss caused by breach of the duty
9.5 Illegality
9.6 The removal of immunity
9.7 Conclusion
Further reading
10 Litigation
10.1 Introduction
10.2 Theories of litigation
10.3 Is litigation good?
10.4 Adversarial litigation
10.5 Inquisitorial adjudication
10.6 SLAPPS (Strategic Lawsuits Against Public Participation)
10.7 Criminal litigation
10.7.1 Funding
10.7.2 Investigation
10.7.3 The decision to prosecute
10.7.4 The client who confesses guilt
10.7.5 The quality of defence lawyers
10.7.6 Victims and witnesses
10.7.6.1 In favour of strong cross-examination
10.7.6.2 Against strong cross-examination
10.7.6.3 Legal protections
10.7.7 Plea bargaining
10.8 Civil litigation
10.8.1 Costs
10.8.2 The ‘crisis in civil litigation’
10.8.3 Justice
10.9 Advocacy
10.9.1 Regulation of advocacy
10.9.2 The role of the advocate
10.9.3 The advocate’s duty to the witness
10.10 Duty to court
10.11 Duty to other legal professionals
10.12 Conclusion
Further reading
11 Alternative dispute resolution
11.1 Introduction
11.2 The forms of ADR
11.3 Negotiation
11.3.1 Theories of negotiation
11.3.1.1 The approach to negotiation
11.3.1.2 The importance of bargaining power
11.3.1.3 The ‘shadow of the law’
11.3.2 The role of the lawyer
11.3.3 Lying and negotiation
11.3.4 Regulatory possibilities
11.4 Mediation
11.4.1 What is mediation?
11.4.2 The role of the mediator
11.4.3 The case in favour of mediation
11.4.4 The case against mediation
11.4.5 Lawyers and mediation
11.4.6 Mediation and confidentiality
11.5 Collaborative law
11.6 Arbitration
11.7 Conclusion
Further reading
12 Third parties
12.1 Introduction
12.2 General principles: Unfair advantage
12.3 Correcting mistakes of third parties
12.4 Threatening to bring a hopeless application
12.5 Offensive behaviour
12.6 Undertakings
12.6.1 Breach of an undertaking
12.6.2 Who is bound by an undertaking?
12.6.3 Enforcing undertakings
12.7 Contacting opposing party
12.8 Unrepresented parties
12.9 Tort duties to third parties
12.9.1 Third parties and fees
12.9.2 Wasted costs orders
12.9.2.1 Problems with wasted costs orders
12.10 Broader ethical issues
12.11 Conclusion
Further reading
13 Business ethics
13.1 Introduction
13.2 Why business ethics matter
13.3 Is a company a moral agent?
13.3.1 The moral aim of the company
13.3.1.1 The shareholder interest
13.3.1.2 The stakeholder interest
13.3.2 Corporate social responsibility
13.3.3 Sustainability
13.3.4 Corporate accountability
13.3.5 Corporate citizenship
13.3.6 International responsibilities
13.3.6.1 Sweatshops
13.4 Business ethics management
13.4.1 Mission statements or value statements
13.4.2 Codes of ethics
13.4.3 Ethics managers
13.4.4 Ethics consultants and training
13.4.5 Auditing and reporting
13.5 Lawyers and business ethics
13.6 Conclusion
Further reading
14 Lawyers’ social responsibilities
14.1 Introduction
14.2 The theory
14.3 The codes
14.4 Criminal law
14.4.1 Money laundering
14.4.1.1 Concerns about money-laundering legislation
14.4.2 Tax avoidance
14.5 Duty to the court
14.6 Duties to the public
14.7 Pro bono
14.7.1 The case for pro bono work
14.7.2 Concerns about pro bono
14.7.3 Pro bono work in practice
14.8 Obligations to the Legal Aid Agency
14.9 Reporting other solicitors
14.10 Conclusion
Further reading
15 Applying ethical theories
15.1 Introduction
15.2 The general principles
15.2.1 Lawyer 1
15.2.2 Lawyer 2
15.2.3 Lawyer 3
15.2.4 Lawyer 4
15.3 Criminal law
15.3.1 The cross-examination
15.3.1.1 Lawyer 1
15.3.1.2 Lawyer 2
15.3.1.3 Lawyer 3
15.3.1.4 Lawyer 4
15.3.2 Admission of guilt
15.3.2.1 Lawyer 1
15.3.2.2 Lawyer 2
15.3.2.3 Lawyer 3
15.3.2.4 Lawyer 4
15.3.3 Plea bargain
15.3.3.1 Lawyer 1
15.3.3.2 Lawyer 2
15.3.3.3 Lawyer 3
15.3.3.4 Lawyer 4
15.4 Commercial law
15.4.1 Lawyer 1
15.4.2 Lawyer 2
15.4.3 Lawyer 3
15.4.4 Lawyer 4
15.5 Family law
15.5.1 Lawyer 1
15.5.2 Lawyer 2
15.5.3 Lawyer 3
15.5.4 Lawyer 4
15.6 Conclusion
Index