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Lawyers' ethics have been condemned for centuries, but they received little scholarly scrutiny until the last few decades. Ethics in Practice brings together leading experts in the emerging field of legal ethics to discuss the central dilemmas of practicing law.
This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organizational behavior. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students.
Unique in both its breadth and its depth, this book redefines debates that are of enduring significance for both the profession and the public.
1. Ethics in Practice, Deborah L. Rhode
I. Public Responsibilities in Professional Practice
2. The Law as a Profession, Anthony T. Kronman
3. Why Lawyers Can't Just Be Hired Guns, Robert W. Gordon
II. Ethical Theory, Ethical Rules, and Ethical Conduct
4. Moral Thinking in Management: An Essential Capability, Lynne Sharp Paine
5. Law Practice and the Limits of Moral Philosophy, Geoffrey C. Hazard Jr.
6. The Ethics of Wrongful Obedience, David J. Luban
III. Adversarial Premises and Pathologies
7. The Limits of Adversarial Ethics, Carrie Menkel-Meadow
8. Ethics in Litigation: Rhetoric of Crisis, Realities of Practice, Austin Sarat
IV. Client Interests and Professional Obligations
9. Lawyer Advice and Client Autonomy: Mrs. Jones's Case, William H. Simon
10. In Hell There Will be Lawyers Without Clients or Law, Susan P. Koniak and George M. Cohen
V. Personal Indentities Professional Values
11. Beyond "Bleached Out" Professionalism: Defining Professional Responsibility for Real Professionals, David B. Wilkens
12. Contested Identities: Task Forces on Gender, Race, and Ethnic Bias and the Obligations of the Legal Profession, Deborah R. Hensler and Judith Resnik
13. Cultures of Commitment: Pro Bono for Lawyers and Law Students, Deborah L. Rhode