Legal Ethics最新文献

{"title":"Lawyer independence under the spotlight in Australia","authors":"Suzanne M. Le Mire","doi":"10.1080/1460728x.2018.1509042","DOIUrl":"https://doi.org/10.1080/1460728x.2018.1509042","url":null,"abstract":"","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2018.1509042","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59984899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial","authors":"L. Webley","doi":"10.1080/1460728x.2018.1508552","DOIUrl":"https://doi.org/10.1080/1460728x.2018.1508552","url":null,"abstract":"","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2018.1508552","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43444221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Deferring to the ‘unlearned’ friend: professional ethics and the unrepresented litigant","authors":"Rachel Spencer","doi":"10.1080/1460728x.2018.1503004","DOIUrl":"https://doi.org/10.1080/1460728x.2018.1503004","url":null,"abstract":"ABSTRACT Courts are starting to keep data about the numbers of litigants who personally file court documents and appear without counsel. The growth in numbers of unrepresented litigants is aptly described as a phenomenon and can be attributed to various causes. Whether or not it is a ‘problem’ however, is arguable. This article explores the concept of the unrepresented litigant in a strange and unnavigable milieu and the ethical duties of lawyers as officers of the court in that context. Focussing on Australian examples, the primary aim of the article is to highlight the lack of guidance in both codes of ethical conduct and judicial commentary on ethical issues for lawyers faced with an unrepresented opponent. Ethical issues at various stages of the dispute resolution process are discussed, including the complexities involved with unbundled legal services. The author argues that as an officer of the court, counsel should assist the judicial officer and consider the situation through a lens of ethical reasoning, while recognising the dilemma this can pose for lawyers who must respect their duties to their own clients. The article concludes that lawyers must abide by their ethical responsibilities whether or not the opponent has representation, while acknowledging that this may be challenging for a variety of reasons. It also suggests that the absence of any reference to unrepresented litigants in ethical codes of conduct should be addressed.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2018.1503004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45728783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Elder abuse and lawyers’ ethical responsibilities: incorporating screening into practice","authors":"N. Ries","doi":"10.1080/1460728x.2018.1502965","DOIUrl":"https://doi.org/10.1080/1460728x.2018.1502965","url":null,"abstract":"ABSTRACT Elder abuse is a serious and under-detected problem. Law reform agencies and legal profession regulatory authorities have called for action to ensure that lawyers meet their ethical obligations to older clients, including identifying and acting on risk factors for abuse. Screening tools to detect situations of elder abuse exist, but they are targeted mainly at health and social care practitioners. Drawing on international literature, this article identifies and discusses screening tools that could be adapted for use by legal professionals. Three general categories of screening are relevant for lawyers who serve older clients: (1) elder abuse screening tools that cover all domains of abuse or target specific behaviours, such as financial exploitation; (2) screening for decision-making capacity, especially taking account of the impact of abuse or neglect on capacity; and (3) screening to probe the suitability of a person to act in a formal decision-making role for an older person. The article emphasises the importance of implementing screening processes and follow-up actions in a manner that fosters a therapeutic relationship between the older client and the lawyer. It concludes with recommendations for further research in this important area.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2018.1502965","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49358350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interviewing real clients and the ways it deepens students’ understandings of legal ethics","authors":"Anna Cody","doi":"10.1080/1460728x.2018.1503005","DOIUrl":"https://doi.org/10.1080/1460728x.2018.1503005","url":null,"abstract":"ABSTRACT Legal ethics teaching can be enriched and deepened when students experience legal practice through, for example, client interviews. Further, many legal educators are committed to encouraging their students’ commitment to contribute to the community through making the law and legal system fairer. One means of achieving this goal is by introducing a clinical component into a legal ethics course. Empirical research conducted with current students in Australia, analyses students’ changing understandings of ethical values and practice when conducting legal interviews. The article discusses the relationship between an ‘ethic of care’ and concepts of ‘justice’, examined through students’ experiences of client interviewing. It also examines students’ commitment to the justice system, including the finding that their commitment to making law fairer is reinforced through working with disadvantaged clients.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2018.1503005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48848790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘He was wearing street clothes, not pyjamas’: common mistakes in lawyers’ assessment of legal capacity for vulnerable older clients","authors":"L. Barry","doi":"10.1080/1460728X.2018.1493070","DOIUrl":"https://doi.org/10.1080/1460728X.2018.1493070","url":null,"abstract":"ABSTRACT Lawyers are increasingly called upon to deal with older clients and have ethical responsibilities to attest to their capacity for legal decision-making. As witnesses to enduring documents, the making of wills and other significant advance planning transactions, lawyers play a role in preventing elder abuse and in upholding the rights of older people. To date however, there has been very little empirical research examining how lawyers assess an older person’s legal decision-making capacity. This article presents research examining three years of capacity complaints made to the New South Wales Office of Legal Services Commissioner. Four case studies from the complaint files expose some common failings in the way that lawyers interact with older clients who have experienced cognitive impairment. The process of capacity assessment is viewed through the theoretical lens of vulnerability to highlight how the actions of lawyers and regulators can exacerbate the inherent and situational vulnerability of older people with a cognitive impairment. The author argues that improvements in capacity guidelines, legal education and robust enforcement of ethical rules are required to safeguard the rights of older clients and help prevent abuse. The findings will have implications for lawyers and regulators everywhere dealing with an ageing population.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2018-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728X.2018.1493070","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48693133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Challenge and change in the Canadian legal profession","authors":"A. Dodek","doi":"10.1080/1460728X.2017.1415113","DOIUrl":"https://doi.org/10.1080/1460728X.2017.1415113","url":null,"abstract":"Lawyers do not ‘do change’ particularly well. Canadian lawyers and the Canadian legal profession are especially averse to change. On this front we in the Canadian legal academy share more in common...","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728X.2017.1415113","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47027139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Germany: towards a legal profession of specialists?","authors":"Matthias Kilian","doi":"10.1080/1460728x.2017.1405782","DOIUrl":"https://doi.org/10.1080/1460728x.2017.1405782","url":null,"abstract":"On 1 January 2018 an omnibus law dealing with issues ranging from construction law to the use of digital seals for the land register will introduce changes to the federal law on the constitution of the courts (Gerichtsverfassungsgesetz). It will establish specialised chambers at the High Courts (Landgerichte) and specialised senates at the Courts of Appeal (Oberlandesgerichte) for a number of areas of law. Specialisation is one of the defining developments of the German legal profession of the past decades. It will for the first time make significant inroads into the courts of general jurisdiction (Gerichte der ordentlichen Gerichtsbarkeit). Disputes arising from banking and financial transactions, from construction and architectural contracts, from therapeutic treatments by health professionals and arising from relationships governed by insurance contracts will henceforth be heard at specialised chambers and senates every court has to establish pursuant to the new law. While special branches of the courts of general jurisdiction were established in the past – the family court (Familiengericht), the insolvency court (Insolvenzgericht), the criminal court (Strafgericht) – because of their specific procedural rules, no similar rationale existed for the specialisation within the main branch of the courts of general jurisdiction that hears cases according to the Code of Civil Procedure (Zivilprozessordnung). While some informal specialisation was possible through the assignment of cases to a specific chamber or senate, this was a decision each court would make independently and could alter on an annual basis. The general idea was, however, that judges should be able to hear all kinds of civil cases. This approach pretty much was in line with the traditional concept of legal practice and legal education in Germany: Well into the twentieth century, being a lawyer meant for most practitioners being a generalist dealing with various areas of law. This was, to a certain degree, the logical continuation of the philosophy behind legal education in Germany: With a state legal examination instead of university degrees in law (which typically allow students some specialisation on preferred subjects) and a post-graduate legal clerkship (Rechtsferendariat) that covers the practice of all the main legal professions","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2017.1405782","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48055460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The unprofessional professional: do lawyers need rules?","authors":"P. Baron, L. Corbin","doi":"10.1080/1460728x.2017.1397402","DOIUrl":"https://doi.org/10.1080/1460728x.2017.1397402","url":null,"abstract":"ABSTRACT 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 duty to be civil, and an explicit prohibition against harassment, intimidation and bullying. Such additions have been deemed necessary as a response to increasing concerns about lawyer incivility and empirical reports detailing high levels of harassment, intimidation and bullying within law firms. We suggest that the expansion of duties in the codes raises intriguing and troubling questions: Does the expansion of duties in the codes suggest that lawyers, as a group, need rules to act virtuously and professionally? And if so, has this always been the case, or have external factors such as an increasingly complex environment, the rise of commercialism and an increasingly diverse profession, changed the way lawyers see themselves both as moral agents and as professionals?","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2017.1397402","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41716968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The moral interpretation of law: comparative remarks on Dworkin’s legal principles and Islamic law’s Maqāṣid","authors":"T. Moqbel","doi":"10.1080/1460728x.2017.1402450","DOIUrl":"https://doi.org/10.1080/1460728x.2017.1402450","url":null,"abstract":"The study of comparative ethics helps to provide insights into the ethical categories used by scholars of other traditions,1 and shows how ethical theories converge and diverge. This comment presen...","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2017-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2017.1402450","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47942237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}