22 found

Year:

  1. The Unprofessional Professional: Do Lawyers Need Rules?Paula Baron & Lillian Corbin - 2017 - Legal Ethics 20 (2):155-173.
    A lawyer's behaviour derives from their own principles and values, the norms of professionalism, the professional conduct rules and the common law. In the past, much emphasis has been placed upon the first two sources as they formed the basis of self-regulation and influenced the development of legal ethics. Recently, the Australian codes of ethics explicitly detail an increasing range of duties which might reasonably have been thought to be implicit characteristics of sound ethical values and professionalism, for example, a (...)
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  2.  1
    Technological Competence and the Duty to Safeguard Confidential Information in the USA.Benjamin P. Cooper - 2017 - Legal Ethics 20 (2):268-270.
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  3. Should Lawyers Acknowledge Whom They Represent in Public Discourse?Graham Ferris & Nick Johnson - 2017 - Legal Ethics 20 (2):174-200.
    Political rule depends upon public discourse as it requires negotiation and compromise of conflicting interests. Public discourse includes activities that can be described as cause lawyering, lobbying, and rule entrepreneurship. The rule of law supports public discourse through, inter alia, the right to petition. The right to petition requires identification of those engaged in public discourse through petition. This requirement reflects a principle of general application. Solicitors owe an ethical duty to support the rule of law, including the right to (...)
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  4.  1
    Rebooting the Cab Rank Rule as a Limited Universal Service Obligation.Andrew Higgins - 2017 - Legal Ethics 20 (2):201-223.
    This article critically examines the value and scope of the cab rank rule in England and Australia. Despite the laudable non-discrimination principle underpinning it, the cab rank rule is subject to so many exceptions it is debatable whether the rule has any effect, positive or negative, on access to justice. On the other hand, when the rule is followed, it has the potential to unnecessarily distort the legal services market. Despite legitimate questions about its continued relevance, the paper argues that (...)
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  5. Germany: Towards a Legal Profession of Specialists?Matthias Kilian - 2017 - Legal Ethics 20 (2):271-277.
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  6.  4
    The Moral Interpretation of Law: Comparative Remarks on Dworkin’s Legal Principles and Islamic Law’s Maqāṣid.Tareq Moqbel - 2017 - Legal Ethics 20 (2):278-282.
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  7. Collaborative Law: An Ethical Process for Lawyers?Bobette Wolski - 2017 - Legal Ethics 20 (2):224-241.
    This article critically examines the practice and ethical underpinnings of Collaborative Law, one of the newest processes in the ADR suite of options available to parties in dispute. CL has been described as mediation without the mediator. The parties and their lawyers agree to negotiate in good faith and in a cooperative non-adversarial manner without the assistance of a mediator. However, controversially, they also agree that if settlement is not reached, the lawyers are to withdraw and be disqualified from representing (...)
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  8.  1
    An Empirical Study of Hong Kong Law Students’ Ethical Values: Does Common Law Education Enhance Their Professionalism?Richard Wu - 2017 - Legal Ethics 20 (2):242-267.
    This article investigates empirically the ethical values of law students in Hong Kong in their final two years of legal education. It first analyses the demographics of these law students before examining their responses to different ethical dilemmas. The findings suggest that feminisation has taken place in Hong Kong law schools. The study also found that a new generation of law students is emerging in Hong Kong that put more emphasis on the value of work-life balance. Finally, the article argues (...)
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  9.  2
    Lawyer Self-Regulation and the Public Interest: A Reflection.L. Abel Richard - 2017 - Legal Ethics 20 (1):115-124.
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  10.  1
    Barristers, the Bar Standards Board and the Structural Bias of Appointing Disciplinary Tribunals in England and Wales.Zia Akhtar - 2017 - Legal Ethics 20 (1):138-143.
    The rule against bias is a central tenet of English law and it also impacts on collegiate courts which typically exercise appellate/review jurisdictions over their professional or student members. This is true of the Bar Standards Board which has established the adjudicatory bodies to enforce its regulatory framework and has vested the procedure of fair trials upon the Council of the Inns of Court which is responsible for appointing the Disciplinary Tribunal panels that conduct hearings for professional misconduct. The COIC (...)
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  11.  2
    Justice Ginsburg, President Trump, and the Need for Judicial Disqualification Reform.Gabrielle Appleby - 2017 - Legal Ethics 20 (1):125-130.
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  12.  1
    Pride and Prejudice: A Case for Reform of Judicial Recusal Procedure.Gabrielle Appleby & Stephen McDonald - 2017 - Legal Ethics 20 (1):89-114.
    Justice must both be done and be seen to be done. A legal principle designed to give effect to this fundamental proposition is that a judge must not sit to determine a dispute if he or she is biased, or if there exists a reasonable perception that he or she is biased. Across many common law jurisdictions – including the UK, Australia, Canada, New Zealand and many jurisdictions in the United States – the judge in question himself or herself is (...)
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  13.  1
    Partisan Judicial Speech and Recusal Procedure.Bam Dmitry - 2017 - Legal Ethics 20 (1):131-133.
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  14.  2
    The Achilles Heel of the Canadian Judiciary: The Ethics of Judicial Appointments in Canada.Richard Devlin & Adam Dodek - 2017 - Legal Ethics 20 (1):43-63.
    Although the Canadian legal system has many virtues, it has at least one major weakness – its judicial appointments and promotion systems. The paper begins by identifying six key values that need to be considered in order to assess the legitimacy of a judicial appointments process – independence, impartiality, representativeness, transparency, accountability and efficiency. In the following sections, through the use of three case studies of appointments to the Supreme Court of Canada, the superior courts of Nova Scotia and a (...)
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  15. Rethinking the Lord Chancellor’s Role in Judicial Appointments.Gee Graham - 2017 - Legal Ethics 20 (1):4-20.
    The judicial appointments regime in England and Wales is unbalanced. The pre-2005 appointments regime conferred excessive discretion on the Lord Chancellor, but the post-2005 regime has gone much too far in the opposite direction. Today, the Lord Chancellor is almost entirely excluded from the process of selecting lower level judges and enjoys only limited say over the selection of senior judges. In this article I argue that the current regime places too little weight on the sound reasons for involving the (...)
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  16. Ethical Considerations in Judicial Appointments in Nigeria: The Role of Special Judicial Bodies.Guobadia Ameze - 2017 - Legal Ethics 20 (1):21-42.
    The power to appoint judges and the formal procedure for judicial appointments in Nigeria have been examined by writers, particularly in the context of separation of powers. Shortcomings in the conduct of some judicial officers and the poor performance of some courts continue to generate questions about the suitability of the current appointments process in the quest for a sound judiciary founded on integrity and competence. The article argues that what is missing is due regard for ethics in the appointments (...)
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  17.  4
    An ‘Existential’ Shift? Technology and Some Questions for the Legal Profession.Kathrani Paresh - 2017 - Legal Ethics 20 (1):144-146.
    Technology is changing the world in which we live and this includes the legal profession. This change has been remarked from many different standpoints. However, as technology is increasingly integrated into the fabric of legal practice, the very act of lawyering is likely to change and this will give rise to very important ethical questions.
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  18. Legal Ethics Training Between a Rock and a Hard Place in Germany.Matthias Kilian - 2017 - Legal Ethics 20 (1):147-150.
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  19.  3
    The Ethics and Regulation of Lawyers Worldwide: The Seventh International Legal Ethics Conference, New York.Mortensen Reid - 2017 - Legal Ethics 20 (1):151-152.
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  20.  1
    How Many Chief Justices? Judicial Appointments and Ethics in Queensland.Reid Mortensen - 2017 - Legal Ethics 20 (1):64-88.
    Australia has recently experienced what many regard as its greatest judicial crisis. The appointment of Timothy Carmody QC as Chief Justice of Queensland in 2014 emerged from a process that was tainted by the state government’s willingness to break confidences gained in the course of consultation for the appointment. Equally, a strongly negative and heterodox reaction to the appointment by the whole Queensland Supreme Court bench meant that, together, politicians and judges brought on a collapse of the traditional ethics surrounding (...)
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  21.  1
    Special Issue: The Ethics of Judicial Appointments.Reid Mortensen & Richard Devlin - 2017 - Legal Ethics 20 (1):1-3.
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  22.  2
    The Resignation of Robin Camp: Background and Reflections From Canada.Alice Woolley - 2017 - Legal Ethics 20 (1):134-137.
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