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Lawyers In Practice

Author: Leslie C. Levin
Publisher: University of Chicago Press
ISBN: 0226475174
Size: 41.10 MB
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How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

Ethics In Practice

Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 9780195347166
Size: 25.38 MB
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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.

Gender In Practice

Author: John Hagan
Publisher: Oxford University Press
ISBN: 9780195357721
Size: 62.78 MB
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In the last thirty years, the number of lawyers in the United States and Canada has more than tripled, and today as many women as men are entering legal practice. The sudden, dramatic increase of women in the profession would seem to signify a new era of equality in the legal profession. However, stereotypes about women's abilities to balance responsibilities at work and home hamper their upward mobility in this male-dominated field. Battling sexual discrimination, women in law grapple with long-held assumptions about parenting, inferring that women eventually abandon their careers in order to take care of home and children. A large percentage of women leave the profession dissatisfied and distressed or seek part-time solutions, and those women who do stay in practice often find there is a ceiling on their status and monetary compensation. Gender in Practice demonstrates and explains how the structure of legal practice has changed in recent decades, often to the disadvantage of women. The issues addressed here, such as conflicts between careers and family, departures from practice, and barriers to women's promotions and earnings are of great importance to members of the profession. Looking at the careers of both men and women and using information culled from two surveys that include nearly two thousand lawyers, this revealing book traces occupational and personal experiences and analyzes these patterns in terms of work and gender. The findings are linked to practical proposals for change, some of which have already found a place in the profession. A major contribution to discussions of sexual equality in the legal workplace, Gender in Practice offers detailed insights into the current and future status of women in the law. Lawyers, law professors, and anyone concerned with gender inequality and equal rights will find this to be an interesting and informative work.

Divorce Lawyers At Work

Author: Lynn Mather
Publisher: Oxford University Press
ISBN: 9780195349269
Size: 47.38 MB
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How do lawyers think about and make the important decisions that constitute the day-to-day practice of law? This book explores that question through an extensive empirical study of lawyers practicing divorce law in New England. The authors emphasize the importance of "collegial control" in shaping lawyers' decisions and identify a variety of "communities of practice" that serve as key agents of that control. Offering a new understanding of the nature of lawyers' work in divorce law as well as a new perspective on legal professionalism, this book is required reading for scholars, students, and practitioners.

Lawyers In Society

Author: Richard L. Abel
Publisher: Beard Books
ISBN: 9781587982651
Size: 63.43 MB
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This is the second of three volumes on the comparative sociology of legal professions. Whereas the first volume looked at the major common law countries, this one shifts attention to eleven civil law professions, looking at Belgium, Brazil, Germany, France, Italy, Japan, the Netherlands, Norway, Spain, Switzerland, and Venezuela. Abel (law, U. of C

Lawyers On Their Own

Author: Jerome E. Carlin
Publisher: Quid Pro Books
ISBN: 1610270916
Size: 47.34 MB
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Foundational socio-legal study of lawyers in solo and small practice in Chicago in the 1950s and early 1960s, updated with later contributions from 1994 and 2011. Jerome Carlin's LAWYERS ON THEIR OWN is a recognized, foundational study of lawyers in individual practice in an urban setting. It became the template for an important form of social science research into lawyers in solo practice. The first extensive and grounded study of individual practitioners and their candid quotes in interviews, Carlin's book exposed the unique practices, class divides, ethical dilemmas and ultimate resentments of a little-viewed subgroup of attorneys and their clients. This book's findings and research methodology influenced many such studies of attorneys in action that followed it. The author's succinct and supported writing has proved to be an enduring and important study in this field of socio-legal research. Updated with the author's extensive introduction to the second edition, as well as a new foreword by law professor William Gallagher, this modern republication is presented to a new generation of readers and researchers into the daily lives, work, business angles and unique challenges of solo and individual-client law practice. Quality ebook formatting from Quid Pro Books includes linked notes, active Contents, legible tables and graphs, and careful proofreading. In addition, this ebook (and the new edition in paperback) embeds the original pagination from prior editions so that the reader, even of digital formats, has continuity in research, referencing, and classroom assignments.

Asylum Legal Aid Lawyers Professional Ethics In Practice

Author: Tamara Butter
Publisher:
ISBN: 9789462368163
Size: 11.37 MB
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Asylum legal aid lawyers are under continuous public scrutiny. On the one hand, these lawyers are portrayed as being solely motivated by profit. On the other hand, they are depicted as leftist activists frustrating the legal system. When assisting their asylum seeking clients under the state's legal aid scheme, lawyers need to balance the client's interest, the public interest in the administration of justice and their own interest in profit or survival. The current book examines this balancing act and explores the role of the institutional context. It does so by studying the decision making of asylum legal aid lawyers in the Netherlands and England in respect of two ethical issues: 'time vs. money' and 'hopeless cases'. This empirical research into lawyers' professional ethics in practice will appeal to scholars engaged in lawyers' ethics, policy makers and those involved in the regulation of the legal profession. Dissertation. [Subject: Politics, Human Rights Law, International Law]

The Practice Of Justice

Author: William H. Simon
Publisher: Harvard University Press
ISBN: 0674043669
Size: 41.80 MB
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Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural maneuvers that defeat substantive rights? "The Practice of Justice" is a fresh look at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with extensive experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible. At the same time, Simon rejects the ethical approaches most frequently proposed by the profession's critics. The problem, he insists, does not lie in the profession's commitment to legal values over those of ordinary morality. Nor does it arise from the adversary system. Rather, Simon shows that the critical weakness of the standard approach is its reliance on a distinctive style of judgment--categorical, rule-bound, rigid--that is both ethically unattractive and rejected by most modern legal thought outside the realm of legal ethics. He develops an alternative approach based on a different, more contextual, style of judgment widely accepted in other areas of legal thought. The author enlivens his argument with discussions of actual cases, including the Lincoln Savings and Loan scandal and the Leo Frank murder trial, as well as fictional accounts of lawyering, including Kafka's "The Trial" and the movie "The Verdict."

Pro Bono In Principle And In Practice

Author: Deborah L. Rhode
Publisher: Stanford University Press
ISBN: 9780804751070
Size: 42.24 MB
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This book offers the first broad-scale study of the factors that influence American lawyers' pro bono work, including an original empirical survey of over 3,000 lawyers and a comparative analysis of public service by other professionals and by lawyers in other countries.