31 found

Year:

  1. Margaret Castles (2013). Australia: Client Capacity—Inadequate Rules and Unpalatable Choices. Legal Ethics 16 (2):367-369.
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  2. Benjamin P. Cooper (2013). USA: Predictive Coding and the Changing Legal Marketplace. Legal Ethics 16 (2):380-383.
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  3. Tigran W. Eldred (2013). A Review of Errol Morris, A Wilderness of Error. [REVIEW] Legal Ethics 16 (2):390-408.
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  4. Susan Saab Fortney (2013). A Review of Leslie C Levin and Lynn Mather (Eds), Lawyers in Practice: Ethical Decision Making in Context. [REVIEW] Legal Ethics 16 (2):409-423.
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  5. Bruce A. Green (2013). Judicial Regulation of US Civil Litigators. Legal Ethics 16 (2):306-321.
    US courts regulate civil advocates in two ways. First, state judiciaries adopt rules of professional conduct that include provisions governing lawyers' work in civil litigation. Additionally, in the course of ruling on sanctions motions in civil lawsuits, courts develop and enforce standards of conduct on an ad hoc basis in common law fashion. Sometimes rules of conduct incorporate the case law and sometimes the case law builds on professional conduct rules, but other times the rules and case law diverge. This (...)
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  6. Suzanne Le Mire (2013). Australia: Ethics and Corporate Litigation—Considering Bell Group. Legal Ethics 16 (2):370-372.
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  7. Regan Jr (2013). Tax Advisors and Conflicted Citizens. Legal Ethics 16 (2):322-349.
    Professor Mitt Regan takes up Brad Wendel's suggestion that we have to distinguish the ethics of advocates from those which guide other forms of legal work, and proposes that the distinction be taken further. Legal advising can itself implicate different ethical positions. Regan concentrates on tax advisers, and argues that their work can, at times, legitimately require a partisan advocate's stance in the giving of tax advice or an impartial trustee's stance in ensuring that the spirit, as well as the (...)
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  8. Deborah L. Rhode (2013). Reforming American Legal Education and Legal Practice: Rethinking Licensing Structures and the Role of Nonlawyers in Delivering and Financing Legal Services. Legal Ethics 16 (2):243-257.
    She concentrates on responses to the 'crisis' that currently confronts the American legal profession and legal education—including the increasing cost of legal services, the threat to lawyer income and the oversupply of law graduates. Rhode regards the response by the American Bar Association (ABA) through its Ethics 20/20 Commission as lacking innovation and achieving only modest reform. Surveying other countries' efforts at opening the provision of some traditional legal services to non-lawyers and outside investment in law practices, she argues that (...)
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  9. Laurel Rigertas (2013). USA: Regulating Non-Lawyers to Close the Access to Justice Gap. Legal Ethics 16 (2):384-385.
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  10. Noel Semple (2013). Canada: Depending on the Kindness of Strangers—Access to Civil Justice. Legal Ethics 16 (2):373-376.
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  11. Noel Semple, Russell G. Pearce & Renee Newman Knake (2013). A Taxonomy of Lawyer Regulation: How Contrasting Theories of Regulation Explain the Divergent Regulatory Regimes in Australia, England and Wales, and North America. Legal Ethics 16 (2):258-283.
    Dr Noel Semple, Professor Russell Pearce and Professor Renee Knake combine to compare legal profession regulation in the US with that of the countries closest to it institutionally and culturally: Canada, Australia, New Zealand, the United Kingdom and Ireland. This enables them to develop an illuminating taxonomy of legal professional regulation, and to describe the assumptions and objectives underlying the different approaches to regulation. The US and Canada provide a 'professionalist-independent framework' that centres on 'a unified, hegemonic occupation of lawyer' (...)
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  12. Joseph Tanega (2013). USA: Aikido Ethics—A Reflection on Grant B Cooper. Legal Ethics 16 (2):386-389.
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  13. Laurel S. Terry (2013). Reflections on US Policies Regarding 'Effective Regulation and Discipline' and Foreign Lawyer Mobility: Has the Time Come to Talk About the Elephant in the Room? Legal Ethics 16 (2):284-305.
    The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice (...)
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  14. W. Bradley Wendel (2013). In Search of Core Values. Legal Ethics 16 (2):350-366.
    The hypothetical social contract between a profession and society exchanges the privilege of self-regulation for the profession's promise to regulate itself in the public interest. When it no longer appears that the profession is exercising its privilege responsibility, there will be pressure to reform the regulation of the market for legal services, for example by allowing non-lawyers to provide legal services, or permitting lawyers to practice in partnerships with non-lawyers. So far the American profession has been relatively successful at resisting (...)
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  15. Richard Wu (2013). China: Strengthening Lawyers' Discipline—A Great Leap Forward. Legal Ethics 16 (2):377-379.
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  16. Annalise Acorn & Jason Buttuls (2013). The Not Now Habit: Procrastination, Legal Ethics and Legal Education. Legal Ethics 16 (1):73-96.
    In this paper we examine the relationship between diligence and ethics and the connection between procrastination and ethical misconduct for lawyers. From there we ask the question of whether legal education does enough to teach law students good habits of time management that might minimize the kind of procrastination that so often goes hand in hand with lawyer malfeasance. Far from concluding that legal education addresses these issues adequately we advance the claim that legal education actually teaches procrastination. Drawing on (...)
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  17. Daniele Alge (2013). The Effectiveness of Incentives to Reduce the Risk of Moral Hazard in the Defence Barrister's Role in Plea Bargaining. Legal Ethics 16 (1):162-181.
    Previous research has identified several factors (such as remuneration, workload, negative perceptions of criminal defendants) which may lead to a barrister not acting in the defendant's best interests, when advising on plea or engaging in plea bargaining. This article applies aspects of the principal – agent problem to the relationship between defence barristers and defendants in England and Wales in order to analyse the extent to which incentives can align the interests of the agent (the barrister) with those of the (...)
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  18. Lillian Corbin (2013). Australian Lawyers as Public Citizens. Legal Ethics 16 (1):57-72.
    While debate continues over the role of the lawyer in society, this article notes that the recently amended professional conduct rules of both barristers and solicitors and the proposed draft National Law prioritise the duty to the court and the administration of justice. In addition, the Australian Learning and Teaching Council's threshold learning outcomes for legal education corroborate these obligations when they assert that the role of a lawyer includes a professional responsibility to promote justice in service to the community. (...)
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  19. Richard Devlin, C. Adele Kent & Susan Lightstone (2013). The Past, Present ... And Future(?) of Judicial Ethics Education in Canada. Legal Ethics 16 (1):1-35.
    In this paper the authors present a description and reflective analysis of an underdeveloped aspect of legal ethics education: judicial ethics. Part I provides an introduction to Canada's National Judicial Institute and its early attempts to design and deliver judicial ethics education programmes. Part II then suggests that in the last few years a second generation of judicial ethics education has emerged, generating a more systemic and contextually sophisticated pedagogical agenda. Finally, in Part III, the authors argue in favour of (...)
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  20. Adrian Evans & Helen Forgasz (2013). Framing Lawyers' Choices: Factor Analysis of a Psychological Scale to Self-Assess Lawyers' Ethical Preferences. Legal Ethics 16 (1):134-161.
    Collectively, lawyers probably seek in vain to be sufficiently trusted, even when most individual lawyers appear to do their utmost to behave responsibly. Efforts to address lawyers' behavioural failures remain an important social policy objective and a professional obligation. In this article we argue that it is politically sensible and socially responsible for the legal profession to continue to address its misbehaving members in a more fundamental manner than just the post-facto disciplinary process. We suggest that pre-emptive (pre-offence), ethics self-assessments (...)
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  21. Linda Haller (2013). Australia: Julia and Me. Legal Ethics 16 (1):216-218.
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  22. Matthias Kilian (2013). Germany: Imitation is the Sincerest Form of Flattery-The New German LLP. Legal Ethics 16 (1):232-235.
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  23. Sarah Mercer & Clare Sandford-Couch (2013). Legal Ethics in the Trial of Oscar Wilde. Legal Ethics 16 (1):119-133.
    This paper considers, in the context of an undergraduate law degree, how to encourage students to develop an awareness of ethical issues relating to membership of a 'profession' and how lawyers could and should conduct themselves, whilst retaining the notion of a law degree as part of a liberal arts education. It suggests an interdisciplinary approach, both in its content and its methodologies, as an innovative and interesting means of addressing issues of legal ethics and professional responsibility. It offers an (...)
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  24. Reid Mortensen (2013). Australia: The Twain (and Only the Twain) Meet-The Demise of the Legal Profession National Law. Legal Ethics 16 (1):219-222.
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  25. Donald Nicolson (2013). Calling, Character and Clinical Legal Education: A Cradle to Grave Approach to Inculcating a Love for Justice. Legal Ethics 16 (1):36-56.
    This article argues that lawyers have personal moral obligations to help ensure that no one who needs legal services goes without and hence that the practice of law should be seen as involving a calling to promote access to justice. One important aim of the law schools should thus be to inculcate in their students a sense of this calling and ideally to ensure that this notion of 'altru-ethical' professionalism becomes part of each lawyer's moral character. Drawing on educational theory, (...)
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  26. Amy Salyzyn (2013). John Rambo V Atticus Finch: Gender, Diversity and the Civility Movement. Legal Ethics 16 (1):97-118.
    The need for increased civility has been a recurring theme in conversations about lawyer professionalism in the United States and Canada over the last several decades. In addition to having many advocates, however, the civility movement has also been subject to criticism. In large part, the critiques made to date have focused on the problems or risks created when civility rules or guidelines are enforced against lawyers. This article takes a different focus to provide a complementary, yet distinct critique. The (...)
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  27. Amy Salyzyn (2013). Canada: Foreclosures, Freemen, Foreign Law Schools and the Continuing Search for Meaningful Access to Justice. Legal Ethics 16 (1):223-229.
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  28. Lisa Webley (2013). United Kingdom: What Robinson V Solicitors Regulation Authority Tells Us About the Contested Terrain of Race and Disciplinary Processes. Legal Ethics 16 (1):236-241.
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  29. Bobette Wolski (2013). An Evaluation of the Rules of Conduct Governing Legal Representatives in Mediation: Challenges for Rule Drafters and a Response to Jim Mason. Legal Ethics 16 (1):182-215.
    This paper provides a comparative analysis of the rules of conduct governing legal representatives in Australia, the United States of America and the United Kingdom as they apply to a range of ethical issues in mediation. The analysis has four main aims. First, it clarifies the position in Australia and the USA - the Australian and American mediation communities have not introduced separate codes for ?mediation advocates? as Mason recently suggested. But some provisions have been made for mediation practice. The (...)
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  30. Richard Wu (2013). China: A Manual to Teach the Art of Declining Bribery Offers-A Local Attempt to Strengthen Judicial Ethics. Legal Ethics 16 (1):230-231.
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