Ethics and the Legal Profession

Ethics and the Legal Profession

by Michael Davis
     
 

ISBN-10: 0879753315

ISBN-13: 9780879753313

Pub. Date: 05/28/1986

Publisher: Prometheus Books

Beneficial for law or philosophy students, or practicing lawyers, Ethics and the Legal Profession includes articles by eminent philosophers and lawyers that explore moral problems in legal practice.

The text is divided into six sections, each dealing with an important issue: The History and Organization of the Profession in the United States; The Moral

Overview

Beneficial for law or philosophy students, or practicing lawyers, Ethics and the Legal Profession includes articles by eminent philosophers and lawyers that explore moral problems in legal practice.

The text is divided into six sections, each dealing with an important issue: The History and Organization of the Profession in the United States; The Moral Critique of Professionalism; The Adversary System; Conflict of Interest and Professional Judgment; Perjury and Confidentiality; and Making Legal Services Available.

Combining in-depth case studies with careful analysis, the editors help students and professionals distinguish between moral and technical judgment, become clearer about the meaning of moral discourse in the workplace, and better appreciate the higher callings of their profession. Raising provocative questions about the rationale and limits of professional responsibility, this text provides insights into the ethics of the legal profession at a time when technology, globalization, and the changing economics of lawyering are reshaping the profession of law in ways still hard to predict.

Product Details

ISBN-13:
9780879753313
Publisher:
Prometheus Books
Publication date:
05/28/1986
Edition description:
New Edition
Pages:
495
Product dimensions:
5.24(w) x 8.42(h) x 1.03(d)

Table of Contents

Contents

INTRODUCTION....................9
PART I: HISTORY AND ORGANIZATION OF THE PROFESSION IN THE UNITED STATES Introduction to Part I....................25
1. David Ray Papke, The Legal Profession and Its Ethical Responsibilities: A History....................35
2. Fred C. Zacharias, The Quest for a Perfect Code....................67
3. Frederick A. Elliston, The Ethics of Ethics: Tests for Lawyers....................75
4. Ted Shneyer, Professional Discipline in 2050: A Look Back....................93
Problem Set I....................98
Suggested Readings....................101
PART II: THE MORAL CRITIQUE OF THE LEGAL PROFESSION Introduction to Part II....................105
1. Charles Fried, The Lawyer as Friend....................111
2. Robert J. Condlin, What's Love Got to Do With It? The Lawyer as Friendly Fiduciary....................143
3. Michael Davis, Professionalism Means Putting Your Profession First....................159
Problem Set II....................182
Suggested Readings....................184
PART III: THE ADVERSARY SYSTEM Introduction to Part III....................187
1. Lon L. Fuller and John D. Randall, Professional Responsibility: Report of the Joint Conference....................197
2. Carrie Menkel-Meadow, The Trouble with the Adversary System in a Postmodern, Multicultural World....................215
3. Elliot D. Cohen, Lawyers' Liberation: Moral Autonomy in Legal Practice....................233
Problem Set III....................250
Suggested Readings....................253
PART IV: CONFLICT OF INTEREST AND PROFESSIONAL JUDGMENT Introduction to PartIV....................257
1. Ken Kipnis, Conflict of Interest and Conflict of Obligation....................263
2. Geoffrey C. Hazard Jr. Lawyer for the Situation....................295
3. David H. Taylor, Legal Service for Indigents....................311
Problem Set IV....................325
Suggested Readings....................327
PART V: PERJURY AND CONFIDENTIALITY Introduction to Part V....................331
1. Monroe H. Freedman, Disclosing the Truth about Client Perjury....................337
2. Stephen Gillers, Monroe Freedman's Solution to the Criminal Defense Lawyer's Trilemma Is Wrong as a Matter of Policy and Constitutional Law....................363
3. Daniel R. Fischel, Lawyers and Confidentiality....................379
Problem Set V....................390
Suggested Readings....................392
PART VI: MAKING LEGAL ASSISTANCE AVAILABLE Introduction to Part VI....................395
1. Debra Moss Curtis, Domestic Violence and the Lawyer as Good Samaritan....................401
2. David Luban, Selling Indulgences....................409
3. Ethan S. Berger and Carol M. Langford, Globalization and the Future of Legal Ethics....................415
Problem Set VI....................427
Suggested Readings....................429
APPENDIX: MISCELLANEOUS PROBLEMS....................431

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