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The Lawyer's Conscience

2023-07-21 Law
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Release : 2023-07-21
Genre : Law
Kind : eBook
Book Rating : 839/5 ( reviews)

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Book Synopsis The Lawyer's Conscience by : Michael S. Ariens

Download or read book The Lawyer's Conscience written by Michael S. Ariens. This book was released on 2023-07-21. Available in PDF, EPUB and Kindle. Book excerpt: In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

The Conscience of a Lawyer

1973 Defense (Criminal procedure)
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Release : 1973
Genre : Defense (Criminal procedure)
Kind : eBook
Book Rating : 020/5 ( reviews)

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Book Synopsis The Conscience of a Lawyer by : David Mellinkoff

Download or read book The Conscience of a Lawyer written by David Mellinkoff. This book was released on 1973. Available in PDF, EPUB and Kindle. Book excerpt: On trial practice, defense lawyers, and legal ethics, by discussing the murder of Lord William Russell in London, May 5, 1840, and a reconstruction of the trial of his valet, Benjamin François Courvoisier.

Model Rules of Professional Conduct

2007 Law
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Release : 2007
Genre : Law
Kind : eBook
Book Rating : 737/5 ( reviews)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt: 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.

On Being a Christian and a Lawyer

1981 Biography & Autobiography
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Release : 1981
Genre : Biography & Autobiography
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis On Being a Christian and a Lawyer by : Thomas L. Shaffer

Download or read book On Being a Christian and a Lawyer written by Thomas L. Shaffer. This book was released on 1981. Available in PDF, EPUB and Kindle. Book excerpt: A discussion on the tradition of American legal positivism--the theory that ""it is necessary, in working with law, to set morals aside."" Notre Dame law professor Shaffer argues that modern-day attorney-client relationships are characterized either by the ""ethics of role"" (the lawyer does what the client wants, or tells the client what to do) or by the ""ethics of isolation"" (moral statements, but no dialogue). It is a delusion, Shaffer suggests, to pretend that conscience has nothing to do with serving a client or that lawyer and client do not influence each other. In place of ""adversary ethics,"" Shaffer urges the profession to adopt an ""ethics of care"": a professional relation marked by openness in moral dialogue, in which the lawyer's calling becomes a form of ministry. Telling the client, ""it's up to you,"" after a full exchange of views, is not the same as saying ""whatever you want.""For Shaffer, the American legal system's avoidance of moral ""witnessing"" is nurtured by the legal education; the (often unstated) choice is not against morals, but ""against morals as having intellectual importance."" Law-school instruction either flatly avoids moral questions or, by failing to explore students' stated moral positions, suggests that there is no discipline in moral discourse. Law school is where things have to begin changing: there, ""we can still try to tell the truth to one another."" In elaborating his ethical view, Shaffer segues neatly from Barth to Buber to Trollope's Orley Farm to American legal history to the lives of Thomas More and Franz Jagerstatter. This is an unremittingly ""learned"" book--tough sledding for the intellectually unprepared--but intelligent, well-argued, and bound to become controversial among law-and-ethics scholars.

Lawyers' Problems of Conscience

2017 Legal ethics
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Release : 2017
Genre : Legal ethics
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Lawyers' Problems of Conscience by :

Download or read book Lawyers' Problems of Conscience written by . This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt:

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