31 found

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  1. Benjamin P. Cooper (2014). Social Media and the Lawyer's Evolving Duty of Technological Competence. Legal Ethics 17 (3):463-466.
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  2. Vivien Holmes (2014). Compounding the Abuse: Lawyers for the Catholic Church in the Ellis Case. Legal Ethics 17 (3):433-436.
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  3. Matthias Kilian (2014). To Be a Lawyer or Not To Be a Lawyer, That is the Question: The German Federal Social Court's Views on In-House Lawyers. Legal Ethics 17 (3):448-453.
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  4. Sir John Laws (2014). Sydney's Sketches, Sydney's Fingers—After Dinner at The Inner Temple. Legal Ethics 17 (3):427-429.
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  5. David Luban (2014). Is There a Human Right to a Lawyer? Legal Ethics 17 (3):371-381.
    Is there an international human right to a lawyer? This paper answers yes, exploring the philosophical basis for that answer, and drawing out implications for the legal profession. Borrowing from, and modifying, Henry Shue's pioneering work, the paper analyses a human right as a claim-right by individuals to social guarantees against standard threats. Access to legal representation is one of those social guarantees, and is essential in rule-of-law societies. That is because of the multitudinous advantages that access to legal institutions (...)
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  6. David J. Middleton (2014). First Do No Harm, or Eat What You Kill? Why Dishonesty Matters Most for Lawyers. Legal Ethics 17 (3):382-400.
    There are significant differences in the way that regulators treat lawyers and doctors who are found dishonest. Paula Case has found that lawyers are much more likely than doctors to be struck off after a dishonesty finding. This article considers why dishonesty by lawyers is treated more seriously than that of doctors. Analyses of 'trust' in professions make comparisons between doctors and lawyers and invariably report that lawyers are less trusted, but on a flawed basis. However, in the context of (...)
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  7. Reid Mortensen (2014). Legal Ethics at a Time of Regulatory Change: The Sixth International Legal Ethics Conference, London. Legal Ethics 17 (3):425-426.
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  8. Shamini K. Ragavan (2014). Developing Ethical Values Through a Mentoring Scheme. Legal Ethics 17 (3):401-423.
    This article proposes a mentoring scheme as a way of inculcating ethical values in law students. Its goals are to assess how a mentoring scheme develops ethical values amongst appointed mentors, identification of core ethical values developed within the mentoring scheme, and how ethical values translate to the mentors' personal and professional lives in preparation for diverse global cultures, ethnicities and identities that encompass varied social, political and legal constructs. Exposure to diverse cultures and ethnicities, and becoming sensitive to these (...)
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  9. Michael P. Reynolds (2014). Arbitration and Ethical Codes. Legal Ethics 17 (3):458-462.
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  10. Deborah L. Rhode (2014). Watching the Muffins—The Temple Church Sermon. Legal Ethics 17 (3):430-432.
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  11. Alain Roussy (2014). The Continuing Saga of the Douglas Inquiry in Canada. Legal Ethics 17 (3):442-447.
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  12. Julian Webb (2014). A Review of Frank H Stephen, Lawyers, Markets and Regulation. [REVIEW] Legal Ethics 17 (3):467-473.
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  13. Alice Woolley (2014). Equality Rights, Freedom of Religion and the Training of Canadian Lawyers. Legal Ethics 17 (3):437-441.
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  14. Richard Wu (2014). Open Access to Case Information: Recent Measure to Strengthen Procurators' Ethics in China. Legal Ethics 17 (3):454-457.
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  15. Joanne Bagust (2014). The Culture of Bullying in Australian Corporate Law Firms. Legal Ethics 17 (2):177-201.
    Despite the fact that corporate law firms attract some of the most intelligent and productive minds in business today, they have failed to cultivate a workplace that facilitates healthy and balanced lives for their practitioners. Workplace stress in the sector is manifest in a culture which continues to sanction 'rite of passage' work practices which bolster earnings for those at the apex but are proving sickening to many. This culture inhibits basic ethical human interaction based on decency and respect and (...)
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  16. Hannah Brenner (2014). Expanding the Pathways to Gender Equality in the Legal Profession. Legal Ethics 17 (2):261-280.
    The problem of gender equality among lawyers has been a subject of significant research, study and action across the globe. It is well known that despite women's entrance into law school in relatively equal numbers to men over the past few decades, they remain significantly under-represented in positions of leadership and power across sectors of the legal profession. Progress has come to a standstill, making this a particularly critical time to examine the ways we conceptualise the problem and rethink the (...)
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  17. Richard Collier (2014). 'Love Law, Love Life': Neoliberalism, Wellbeing and Gender in the Legal Profession—The Case of Law School. Legal Ethics 17 (2):202-230.
    In recent years the issue of wellbeing has moved centre stage across jurisdictions within a wide range of debates relating to economic, cultural and political changes associated with neoliberalism. This is the backdrop against which the legal profession has itself begun to pay increasing attention to the issue of wellbeing in law. This article explores an aspect of this debate that has tended to be neglected thus far, namely the relationship between the neoliberal corporatisation of universities, gender and questions of (...)
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  18. Jena McGill & Amy Salyzyn (2014). Queer Insights on Women in the Legal Profession. Legal Ethics 17 (2):231-260.
    In the past decade, members of the legal profession in Canada and other common law jurisdictions, including England and the United States, have directly engaged the question of how to retain women in private practice environments. As a result, the 'retention of women' discourse has emerged as a dominant lens through which issues of gender equity in the legal profession are identified and analysed. The goal of this article is to build upon existing critiques of the 'retention of women' discourse (...)
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  19. Hilary Sommerlad (2014). The Ethics of Relational Jurisprudence. Legal Ethics 17 (2):281-298.
    The Ethic of Care was one of the most significant strands of the ferment of revolutionary ideas and practices which emerged during the period from, roughly, the mid 1960s to the early 1990s. The feminist critique of rights based discourse and the social imaginary which it inspired shared many of the features of other critical movements. Further, elements of its utopian vision of a society grounded in connectedness, compassion, reciprocity and particularism, its anti-legalism and call for a relational jurisprudence have (...)
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  20. Margaret Thornton (2014). Hypercompetitiveness or a Balanced Life? Gendered Discourses in the Globalisation of Australian Law Firms. Legal Ethics 17 (2):153-176.
    Although women comprise almost 50 per cent of the practising legal profession in Australia and elsewhere, numerosity is insufficient to overcome the 'otherness' of the feminine in corporate law firms. Despite measures to recognise the ethic of a balanced life for those with caring responsibilities, these initiatives are undermined by the contemporary imperative in favour of competition. This article argues that there is a hypermasculinist sub-text invoked by the media reporting of a flurry of mergers between super-élite London-based global law (...)
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  21. Benjamin P. Cooper (2014). USA: Saving Face—Ethical Considerations for American Judges Using Facebook. Legal Ethics 17 (1):148-152.
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  22. Adam Dodek (2014). Canada: Death of a Legal Icon, Dawn of Change? Legal Ethics 17 (1):135-137.
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  23. Nina H. B. Jørgensen (2014). Lawyer Independence in Criminal Proceedings: A Most Professional Virtue. Legal Ethics 17 (1):55-78.
    Independence as a professional virtue is included amongst the core ethical principles governing lawyers yet its precise meaning remains elusive. This article aims to examine the meaning of lawyer independence in criminal proceedings by taking as its focus the situation of criminal defence lawyers in China. The problem of lack of independence from the state is analysed against the backdrop of historical examples of extreme denial of independence such as Germany under National Socialism, South Africa under apartheid and the Soviet (...)
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  24. Matthias Kilian (2014). Germany: The Future of the Lawyers' Profession. Legal Ethics 17 (1):138-142.
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  25. Marc Mason (2014). UK: Room at the Inns—The Increased Scope of Regulation Under the New Bar Standards Board Handbook for England and Wales. Legal Ethics 17 (1):143-147.
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  26. Katie Murray (2014). Australia: Acting on Opponents' Mistakes—Expense Reduction Analysts Group Pty Ltd V Armstrong Strategic Management and Marketing Pty Ltd and the Inadvertent Disclosure of Privileged Material. Legal Ethics 17 (1):132-134.
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  27. G. E. Dal Pont (2014). Mandating Lawyer Reporting of Their Peers' Misconduct: Should Australia Follow Suit? Legal Ethics 17 (1):23-54.
    Alerting regulatory and professional bodies to lawyer misconduct has traditionally been a predominantly reactionary process, heavily reliant upon client complaint. It cannot be assumed, however, that client complaint will unearth all forms of lawyer misconduct. Accordingly, there is a legitimate question over whether lawyers should, as members of a profession, perform a self-policing function in reporting their peers' misconduct to the relevant body. The point assumes especial significance in the Australian context because Australia is unique, vis-à-vis comparable common law jurisdictions, (...)
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  28. Ge Dal Pont (2014). Mandating Lawyer Reporting of Their Peers' Misconduct: Should Australia Follow Suit? Legal Ethics 17 (1):23-54.
    Alerting regulatory and professional bodies to lawyer misconduct has traditionally been a predominantly reactionary process, heavily reliant upon client complaint. It cannot be assumed, however, that client complaint will unearth all forms of lawyer misconduct. Accordingly, there is a legitimate question over whether lawyers should, as members of a profession, perform a self-policing function in reporting their peers' misconduct to the relevant body. The point assumes especial significance in the Australian context because Australia is unique, vis-à-vis comparable common law jurisdictions, (...)
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  29. Seow Hon Tan (2014). Law Firm Internships and the Making of Future Lawyers: An Empirical Study in Singapore. Legal Ethics 17 (1):79-106.
    This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing (...)
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  30. Vicki Waye (2014). Litigation Risk Transfer and Law Firm Financial Arrangements. Legal Ethics 17 (1):107-131.
    By promoting greater alignment between law and capital, litigation financing has the potential to further escalate the substantial restructuring that is occurring throughout the legal profession. This article examines regulation of the relationship between litigation funders and lawyers in three common law jurisdictions: the United Kingdom; the United States; and Australia, against the backdrop of a sea change in the way in which legal services are being delivered. It argues that a broad prescriptive approach rather than proscriptive prohibitions are the (...)
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  31. Alice Woolley (2014). Context, Meaning and Morality in the Life of the Lawyer. Legal Ethics 17 (1):1-22.
    Legal ethics theory focuses on the moral problem of lawyers pursuing morally suspect (but lawful) ends and using morally suspect (but lawful) means. It considers possible justifications for lawyers' conduct arising from moral or political philosophy, and how those justifications may require shifts in the lawyer's role. This paper argues that legal ethics theory needs to expand its focus to consider other ethical aspects of the lawyer's role and, in particular, the extent to which being a lawyer can complicate, or (...)
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