24 found

Year:

  1.  10
    Ethics Begin at Home.Paula D. Baron & Lillian C. Corbin - 2016 - Legal Ethics 19 (2):281-293.
    Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Re-engagement Study, however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  2.  1
    Remaining the Same, Staying Different – Attwells V Jackson Lalic Lawyers.Francesca Bartlett - 2016 - Legal Ethics 19 (2):324-327.
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  3.  2
    Pro Bono Lawyering: Personal Motives and Institutionalised Practice.Francesca Bartlett & Monica Taylor - 2016 - Legal Ethics 19 (2):260-280.
    This article examines the personal values and private motivations of legal practitioners who engage in the provision of legal services pro bono publico. It analyses the results of a 2014 empirical study of lawyers in Queensland, Australia, who regularly undertake pro bono work. The findings suggest strong moral and professional motivations for engaging in pro bono legal practice, as well as a distinct ‘community of practice’ of large law firms in forming and sharing sophisticated structures and approaches to addressing social (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  4.  1
    The Legal Professions’ New Handbooks: Narratives, Standards and Values.Andrew Boon - 2016 - Legal Ethics 19 (2):207-233.
    This article analyses the regulatory handbooks produced by the new regulators for solicitors and barristers, the main legal professions in England and Wales, following the Legal Services Act 2007. It focuses on the new codes of conduct and the 10 high-level regulatory standards that are a feature of each handbook. The article examines the ways in which key interests have been dealt with in the handbooks from the perspective of the historical narratives of the legal professions and their publications, including (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  5.  2
    The Regulation of Government Litigants and Their Lawyers: The Regulatory Force of Victoria’s Model Litigant Guidelines.Alina A. El-Jawhari - 2016 - Legal Ethics 19 (2):234-259.
    Victoria’s Model Litigant Guidelines aim to regulate the conduct of government parties in civil disputes in a manner that goes beyond the ethical duties of ordinary litigants. Despite the sheer number of disputes involving the Victorian government to which the regime applies, little academic attention has been given to Victoria’s MLGs. The article explores the nature and extent of the regulatory force exerted by the MLGs by applying regulatory theory to the MLG regime. Particular attention is given to applying Ayers (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  6.  1
    Reflections on ‘Professionalism’ and Legal Practice – an Outmoded Ideology or an Analytically Useful Category?Gaye T. Lansdell - 2016 - Legal Ethics 19 (2):294-319.
    This article examines whether the concept of ‘professionalism’ as applied to the legal profession serves any useful guide as to how lawyers should act. Professionalism is defined in terms of civility for the purposes of this article and considered against the backdrop of a perceived ‘decline’ in professionalism in the legal profession. Arguably, professionalism is all too often subsumed under the heading of ethics in both common parlance and in course content in law schools where Ethics, Professional Responsibility are part (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  7. Insolvency Law’s Limits on the Disciplinary Powers of Professional Regulators: An Update From Canada.Anna Lund - 2016 - Legal Ethics 19 (2):320-323.
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  8. Will Drafting – Clarifying the Scope of the Duty Owed by a Solicitor to a Client and to the Intended Beneficiaries in Australia.Sylvia Villios - 2016 - Legal Ethics 19 (2):328-330.
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  9. Attorney ‘Mal-Practices’: An Invisible Ethical Problem in the Early American Republic.Sarah Winsberg - 2016 - Legal Ethics 19 (2):187-206.
    Lawyers and judges in the early American republic were surprisingly reluctant to penalise colleagues for malpractice and misconduct towards clients. Though they were part of a legal culture obsessed with preserving lawyers’ moral rectitude, they nonetheless remained sceptical of attempts to address malpractice. This article explores that apparent contradiction. I analyse allegedly wronged clients’ unsuccessful attempts to seek legal satisfaction, whether in civil, criminal, or professional suspension proceedings. I find that the period’s public-spirited legal ethics was in fact a major (...)
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  10.  4
    Ethics and the Law: An Introduction.Tim Dare - 2016 - Legal Ethics 19 (1):182-185.
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  11.  2
    Public Professions and Private Practices: Access to the Solicitors’ Profession in the Twenty-First Century.Laurence Etherington - 2016 - Legal Ethics 19 (1):5-29.
    ABSTRACTRecruitment of trainee solicitors by largely commercial organisations provides the effective gateway to professional qualification for aspiring solicitors. Professional bodies and others have sought to distinguish solicitors from other legal service providers through reference to professionalism and ethics. In this article I present the findings from a survey of the applicant experience of the graduate recruitment process and interviews with the professionals involved in those processes. The research is situated within the literature on professional identity development. The main aims are (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  12. Corporate Lawyer–Client Relationships: Bankers, Lawyers, Clients and Enduring Connections.John Flood - 2016 - Legal Ethics 19 (1):76-96.
    ABSTRACTFormal representations of lawyer–client relations are often characterised by their regulative aspects, including codes of ethics and practice. In this article I look inside the relationship by returning to the sociology of Georg Simmel, who closely examined the basic units of sociality, especially dyads and triads. Using examples drawn from empirical research on corporate lawyers and clients and banks, I open up the lawyer/client dyad and show that in most cases the practices of lawyers and banks add noise and interference (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  13.  4
    Lawyers and Systemic Risk in Finance: Could the Legal Profession Contribute to Macroprudential Regulation?Joanna Gray - 2016 - Legal Ethics 19 (1):122-144.
    ABSTRACTThe aim of this paper is twofold. Firstly, to examine questions about the role and responsibilities of transaction lawyers working in the financial sector that, it is argued here, deserve closer scrutiny than they have hitherto received since the banking and economic crisis of 2008. It considers the manner in which the conduct of such lawyers in the pre-crisis financial markets may have played a particular role in contributing to the sources of latent risk that bore systemic fruit in 2008. (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  14.  1
    The Evolution of the Lawyer’s Lawyer.Jonathan Kembery - 2016 - Legal Ethics 19 (1):112-121.
    ABSTRACTThis paper gives a personal perspective on the growth of in-house legal teams within law firms. It suggests why these departments have emerged as a response to greater legal and regulatory challenges, changes in the profession and a quest for professionalism and cost effectiveness. The paper examines the work of a substantial team and the parallels and differences between a role in that organisation and other forms of legal practice. Finally, it considers the future for these in-house teams in the (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  15.  2
    All Hail the MDP: The German Federal Constitutional Court Paves the Way for Multidisciplinary Service Firms.Matthias Kilian - 2016 - Legal Ethics 19 (1):163-168.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  16. A Temporary ‘Fix’ for a Permanent Problem: The Appointment of Auxiliary Judges in South Australia.Suzanne Le Mire - 2016 - Legal Ethics 19 (1):160-162.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  17.  3
    The Limits of Professional Regulation in Canada: Law Societies and Non-Practising Lawyers.Andrew Flavelle Martin - 2016 - Legal Ethics 19 (1):169-172.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  18.  5
    False Friends? Testing Commercial Lawyers on the Claim That Zealous Advocacy is Founded in Benevolence Towards Clients Rather Than Lawyers’ Personal Interest.Richard Moorhead & Rachel Cahill-O’Callaghan - 2016 - Legal Ethics 19 (1):30-49.
    ABSTRACTCommercial lawyers often signal that ‘client first’ is an essential element of their professional DNA, and some scholarly proponents have laid claim to a moral justification for zeal. That moral justification is found, in particular, in the notion of lawyers as friends. One critique of zeal is that this moral claim is bogus: that ‘client first’ is a convenient trope for disguised self-interest. This paper explores the empirical validity of this ‘client first’ ideal through a value-based analysis of zeal in (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  19.  2
    The Solicitors Regulation Authority: Looking to the Future.Crispin Passmore - 2016 - Legal Ethics 19 (1):145-159.
    ABSTRACTThe legal market is changing. Whether individual consumer or corporate client, the choice of services available to help manage or solve legal problems appears increasingly wide. Business process outsourcing, technology and data companies, accountants and other professional advisors are offering corporate clients new options to manage their legal affairs. Law firms are responding to this increasing competitive pressure with new services of their own. The Solicitors Regulation Authority, as the largest legal regulator in the UK, is liberalising its approach to (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  20.  1
    Lawyers’ Ethics and Professional Responsibility.Alan Paterson - 2016 - Legal Ethics 19 (1):177-181.
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
  21. The Sociological Imagination and Legal Ethics.Robert Eli Rosen - 2016 - Legal Ethics 19 (1):97-111.
    ABSTRACTFor ten years, General Motors denied that an ignition switch that could easily be turned to ‘Off’ constituted a safety defect. Accidents, deaths and injuries resulted. Despite many, many suits against GM, the problem remained uncorrected. The explanations that have been proffered are interrogated in this article and others are suggested. It concludes that a bureaucratic legal department is partly to blame, and criticises how the legal department evaluated cases by their settlement value. It criticises GM’s culture of blaming drivers (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  22. Corporate Lawyers and Corporate Clients.Steven Vaughan - 2016 - Legal Ethics 19 (1):1-4.
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  23.  2
    ‘Gorilla Exceptions’ and the Ethically Apathetic Corporate Lawyer.Steven Vaughan & Emma Oakley - 2016 - Legal Ethics 19 (1):50-75.
    ABSTRACTThis paper draws on interviews with 57 corporate finance lawyers working from global law firms based in the City of London. Drawing on this data, we highlight common themes of taking deals at ‘face value’, being the lawyer-technician who uses the law to effect his client’s wishes, and not ‘pushing’ ethics. We suggest that there is an apathy – a lack of concern or interest – about ethics on the part of corporate lawyers. This apathy stems from various sources. It (...)
    Direct download (3 more)  
     
    Export citation  
     
    My bibliography  
  24. Interception of Communications and Legal Professional Privilege and the Rule of Law.Lisa Webley - 2016 - Legal Ethics 19 (1):173-176.
    Direct download (4 more)  
     
    Export citation  
     
    My bibliography  
 Previous issues
  
Next issues