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Professional Secrecy Of Lawyers In Europe

Author:
Publisher: Cambridge University Press
ISBN: 1107355397
Size: 56.26 MB
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This book examines the lawyer's duty of professional secrecy (also known as the attorney-client privilege) in the twenty-seven Member States of the European Union, the three Member States of the European Economic Area, and Switzerland. It provides valuable information for those working on transactions or litigations which involve several countries – they can use this book to find out to what extent any information shared with or any advice received from a lawyer is protected in each of these countries.

Attorney Client Privilege In The Americas

Author: James R. Silkenat
Publisher: Cambridge University Press
ISBN: 1316764540
Size: 29.36 MB
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One of the major challenges facing the legal profession today is how to adapt and apply the concept of attorney-client privilege (or professional secrecy) in an increasingly globalised world. Rules on attorney-client privilege differ significantly from country to country. This book explores such differences within 32 jurisdictions in North, Central and South America and the Caribbean. Together with its complementary volume Professional Secrecy of Lawyers in Europe (Cambridge, 2013), this book explores the creation of a common definition for attorney-client privilege which can be accepted by a wide variety of countries and international institutions. Practice and interpretation within each jurisdiction is mapped and explored, including reference to local laws, ethical rules and case law. This book is a useful resource for those working on transactions or litigations which involve several countries.

The Legal Profession In The European Union

Author: Bruno Nascimbene
Publisher: Kluwer Law International B.V.
ISBN: 9041125779
Size: 15.51 MB
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Aim of this work is to provide a guidance to lawyers and other professionals to the current contents of EC law related to the legal professions and to the different national systems in order to simplify the use of the relevant EC rules on professional practice in a different member state and to accomplish a precise knowledge of the influence's framework of 'Europe'; in the national regulated legal professions. This work makes a survey on the evolution of EC law focusing on legal profession and their relationships with the market freedoms and competition rules. It starts from the Treaty provisi.

The Independence Of Lawyers

Author: Université de Pau et des pays de l'Adour
Publisher: Council of Europe
ISBN: 9789287152169
Size: 36.73 MB
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This book contains the proceedings of a conference, organised by the Council of Europe and held in France in February 2002, to discuss a number of challenges relating to the independence of the legal profession, including problems arising from the development of the internet and electronic networks, the financial independence of lawyers linked with legal aid, and the independence of bar associations and their relationship with public authorities.

Yearbook Of The European Convention Of Human Rights Annuaire De La Convention Europeene Des Droits De L Homme 2000

Author: Council of Europe Staff
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116987
Size: 60.64 MB
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This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2000. Its presentation follows that of previous volumes. Part one contains basic texts and information of a general nature; part two deals with the European Commission of Human Rights; part three with the European Court of Human Rights; part four with the Resolutions of the Committee of Ministers; and parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A bibliography and index are included. Ce volume de l'Annuaire de la Convention européenne des Droits de l'Homme, préparé par la Direction des Droits de l'Homme du Conseil de l'Europe, concerne l'année 2000. La première partie contient des textes fondamentaux; la deuxième partie contient les rapports de la Commission européenne des Droits de l'Homme; la troisième partie donne des informations sur la Cour européenne des Droits de l'Homme; la quatrième partie contient des Résolutions du Comité des Ministres; et les cinquième et sixième parties regroupent toutes les autres activités concernant la Convention dans le cadre du Conseil de l'Europe et comprennent des informations sur les débats devant les parlements nationaux et sur les développements au sein des Communautés européennes concernant la protection des droits de l'homme. Le volume se termine avec une bibliographie et une index alphabétique.

Lawyers Ethics And Professional Responsibility

Author: Andrew Boon
Publisher: Bloomsbury Publishing
ISBN: 1509901817
Size: 15.34 MB
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This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.

Legal Ethics

Author: Geoffrey C. Hazard
Publisher: Stanford University Press
ISBN: 9780804748827
Size: 22.80 MB
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Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.

Handbook On European Data Protection Law

Author:
Publisher:
ISBN: 9789287198495
Size: 12.78 MB
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The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and signifi cant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Professional Services In The Eu Internal Market

Author: Tinne Heremans
Publisher: Bloomsbury Publishing
ISBN: 1847318800
Size: 72.64 MB
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Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.