Showing papers in "Legal Ethics in 2006"
TL;DR: In this article, the authors present Ethics in Policing: Performance and the Personalisation of Accountability in British Policing and Criminal Justice Legal Ethics: Vol 9, No 1, pp 16-34
Abstract: (2006) Ethics in Policing: Performance and the Personalisation of Accountability in British Policing and Criminal Justice Legal Ethics: Vol 9, No 1, pp 16-34
11 citations
TL;DR: In this article, a better lawyer discipline system is described in the Queensland Experience, where the Queensland Lawyer Discipline System (QLDS) is described as a "building a better lawyer discipline system".
Abstract: (2006). Building a Better Lawyer Discipline System: The Queensland Experience. Legal Ethics: Vol. 9, No. 2, pp. 187-210.
8 citations
TL;DR: In this article, the authors consider the ethical obligations of criminal defence lawyers in the context of significant change to the criminal process in England and Wales and argue that current professional conduct rules fail to adequately articulate and prioritise the relationship between the lawyer's obligation to the client and to the court.
Abstract: This article considers the ethical obligations of criminal defence lawyers in the context of significant change to the criminal process in England and Wales. It argues that since coming to power in 1997 the government has been engaged in a programme of changing the criminal justice system from one based upon the principle of fair trial rights to one based on managerialist values, an agenda that has been endorsed and supported by some members of the senior judiciary. Using examples taken from legislation and case-law, it demonstrates that defence lawyers are increasingly being prevented from acting in the best interests of their clients. Current, and proposed, professional conduct rules fail to adequately articulate and prioritise the relationship between the lawyer's obligation to the client and to the court, with the result that lawyers are left to resolve ethical dilemmas created or exacerbated by the transformation of the criminal process without adequate ethical guidance. It proposes that the legal professions should challenge the government's plans to transform the criminal process, and refashion professional conduct rules around human rights values.
8 citations
TL;DR: In this paper, special advocates in modern judicial systems have been studied in the context of political expediency and legal roles in modern legal systems, and special advocates have been discussed in detail.
Abstract: (2006). Special Advocacy: Political Expediency and Legal Roles in Modern Judicial Systems. Legal Ethics: Vol. 9, No. 1, pp. 101-124.
7 citations
TL;DR: In this paper, the authors discuss the legal professional privilege and the integrity of legal representation, and propose a framework for defending these rights in the context of legal service, which they call "legal professional privilege".
Abstract: (2006). Legal Professional Privilege and the Integrity of Legal Representation. Legal Ethics: Vol. 9, No. 2, pp. 163-186.
6 citations
TL;DR: In this article, the authors argue that legal practice is permeated with opportunities for choice, despite the rules and contextual factors that influence lawyers' practice decisions, and suggest that teaching that is designed to encourage students to come to terms with both the frequency and the situational complexity of ethical decision making, in the many discretionary spaces that inhabit the lawyer' s role, may result in qualitatively better learning outcomes in legal ethics education.
Abstract: Legal ethics education, in Australia and elsewhere, has emphasised normative accounts of lawyers' professional responsibility. In the alternative we suggest legal ethical education should be informed by social scientific studies of lawyers' work. We argue that these studies reveal that legal practice is permeated with opportunities for choice, despite the rules and contextual factors that influence lawyersv practice decisions. We suggest that teaching that is designed to encourage students to come to terms with both the frequency and the situational complexity of ethical decision making, in the many discretionary spaces that inhabit the lawyer' s role, may result in qualitatively better learning outcomes in legal ethics education.
5 citations
4 citations
4 citations
4 citations
TL;DR: The Ethics of Criminal Justice Professionals in an Era of Change as mentioned in this paper is a survey of criminal justice professionals in an era of change, focusing on the role of women in criminal justice.
Abstract: (2006). The Ethics of Criminal Justice Professionals in an Era of Change. Legal Ethics: Vol. 9, No. 1, pp. 1-5.
2 citations
TL;DR: The Methodology of Legal Ethics Scholarship: Perspective and Authority as mentioned in this paper is a methodology of legal ethics scholarship, which is based on the principle of perspective and authority, and it can be found in
Abstract: (2006). Editorial Note: The Methodology of Legal Ethics Scholarship: Perspective and Authority. Legal Ethics: Vol. 9, No. 2, pp. 229-233.
TL;DR: In this paper, the authors consider the legal and ethical constraints upon the role and function of the criminal defence lawyer in a criminal procedure rooted in the inquisitorial model, and argue that despite the limitations of judicial supervision in practice and the expectations of increased defence participation in measures designed to accelerate the disposition of cases, the lawyer continues to define her role as auxilliary to that of the investigating judge rather than as an automomous actor in the criminal process.
Abstract: Using the example of contemporary France, this paper considers the legal and ethical constraints upon the role and function of the criminal defence lawyer in a criminal procedure rooted in the inquisitorial model. Recent reforms promise to open up the space occupied by the criminal defence lawyer, but in practice, the defence role continues to be overshadowed by the dominance of judicial supervision – both as a theoretical organising feature and in the ways in which this shapes legal and occupational cultures. The paper argues that despite the limitations of judicial supervision in practice and the expectations of increased defence participation in measures designed to accelerate the disposition of cases, the legal and ethical regulation of the lawyer continues to define her role as auxilliary to that of the investigating judge rather than as an automomous actor in the criminal process.
TL;DR: Ho et al. as mentioned in this paper argue that the concept of legal professional privilege is multidimensional and that, depending on whether one's viewpoint is that of the lawyer or client, the concept can be seen as a duty, a power or a right.
Abstract: How can we best understand and promote integrity, a constant value, within the everchanging context of legal work? Should lawyers, educators and regulators tilt their kaleidoscopes toward the sciences or the humanities in order to grasp the meaning of good lawyering? All of our present contributors are concerned with this basic problem of defining and refining moral standards within legal practice. Two of our lead articles were first presented as papers to the Second International Conference on Lawyers’ Ethics held in Auckland in June 2006 while all three, in different ways, shake up established views and offer colourful new perspectives on what constitutes and supports ethical legal practice.1 Our first article, by Ho, points out that the concept of legal professional privilege is multidimensional and that, depending on whether one’s viewpoint is that of the lawyer or client, the concept can be seen as a duty, a power or a right. Ho argues that we have rather lost the plot with this basic principle of major importance to the administration of justice and that the best way to approach the concept is in terms of “the lawyer’s exemption from compulsory disclosure”. Tracing the historical evolution of the concept, he notes that within the common law world privilege has both expanded and increasingly assumed an elevated, if not exaggerated, status such that today it has virtually become an absolute and fundamental right that unfairly supports the economic self-interest of lawyers. In order to have a better balanced view of the concept Ho argues for its more limited application, suggesting that it be confined to lawyer-client communications made within the context of representation in the legal process. Thus any confidential communications between lawyer and client made outside this limited context should be governed not by an absolute privilege, but by a contextual and less rigid law of confidentiality. While allowing proper recognition of the enduring significance of privilege, this approach, according to Ho, still respects the true purpose and value of the concept through limiting the scope for lawyers to (ab)use it, either as a shield to evade liability or as a means of asserting a dominant position over other providers in the market for legal services.
TL;DR: The Destruction of Young Lawyers: Beyond One L. by Douglas Litowitz (Akron: University of Akron Press, 2006) as mentioned in this paper is an account of one man's own unhappiness as a law student and large firm new associate, and evidence of the fact there are unhappy lawyers in the world.
Abstract: This is a review of, The Destruction of Young Lawyers: Beyond One L. by Douglas Litowitz (Akron: University of Akron Press, 2006). While the book may be a credible (if tiresome) account of Mr. Litowitz's own unhappiness as a law student and large firm new associate, and evidence of the fact there are unhappy lawyers in the world, it overpromotes itself on two counts. Although it is written by a law professor and published by a university press, and makes broad and universal claims about evils in the legal profession, it is largely a slapdash pastiche of hyperbole and anecdote. Nor is it a balanced view of the profession. Rather, it is one man's attempt to transpose his own journey through hopelessness and despair into a universal truth under the patina of scholarship.