Legal Ethics最新文献_第9页

Pro bono lawyering: personal motives and institutionalised practice 公益律师:个人动机与制度化实践

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728x.2016.1247632

F. Bartlett, Monica M. Taylor

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引用次数: 5

Reflections on ‘professionalism’ and legal practice – an outmoded ideology or an analytically useful category? 对“专业主义”和法律实践的反思——一种过时的意识形态还是一种分析上有用的范畴?

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728x.2016.1249641

Gaye T. Lansdell

{"title":"Reflections on ‘professionalism’ and legal practice – an outmoded ideology or an analytically useful category?","authors":"Gaye T. Lansdell","doi":"10.1080/1460728x.2016.1249641","DOIUrl":"https://doi.org/10.1080/1460728x.2016.1249641","url":null,"abstract":"ABSTRACT This article examines whether the concept of ‘professionalism’ as applied to the legal profession serves any useful guide as to how lawyers should act. Professionalism is defined in terms of civility for the purposes of this article and considered against the backdrop of a perceived ‘decline’ in professionalism in the legal profession. Arguably, professionalism is all too often subsumed under the heading of ethics in both common parlance and in course content in law schools where Ethics, Professional Responsibility are part of the curriculum with little weight given to professionalism per se. This article reflects, in part, on the student perception as to the state of the profession garnered from their responses to an assessment task at an Australian university. The issue is ripe for further discussion given that in Australia, the Law Admissions Consultative Committee has queried whether the teaching of Ethics (and therefore Professionalism) should be withdrawn from the core curriculum. The article queries if there is in fact a ‘decline’ in standards and civility and, if so, considers the potential to arrest this ‘decline’ by the profession, universities and students working together to revive ‘professionalism’.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2016.1249641","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59985117","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}

引用次数: 1

Insolvency law’s limits on the disciplinary powers of professional regulators: an update from Canada 破产法对专业监管机构惩戒权力的限制:来自加拿大的最新情况

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728X.2016.1240882

Anna J. Lund

{"title":"Insolvency law’s limits on the disciplinary powers of professional regulators: an update from Canada","authors":"Anna J. Lund","doi":"10.1080/1460728X.2016.1240882","DOIUrl":"https://doi.org/10.1080/1460728X.2016.1240882","url":null,"abstract":"Professional regulatory bodies can be empowered to suspend a regulated member’s licence, pending payment of a fine or costs award made against the member. Previous case law from the Alberta Court of Appeal suggested that a regulated member could not avoid this manner of licence suspension by making use of insolvency proceedings. This precedent appears to have been overtaken by two recent Supreme Court of Canada (‘SCC’) decisions. These recent decisions on insolvency law limit the ability of professional regulatory bodies, including legal regulators, to discipline their members. The cases – Alberta (Attorney General) v Moloney (‘Moloney’) and 407 ETR Concession Co v Canada (Superintendent of Bankruptcy) (‘407 ETR’) – involved licence suspension provisions, which allow regulators to deny an individual the benefit of a licence until the individual pays a specified debt. The SCC was asked whether a regulator could continue such a suspension once the underlying debt had been discharged (that is, released) in bankruptcy. The SCC answered ‘no’. This update describes the prior precedent, how it has been overtaken by the 2015 SCC decisions and how Canadian professional regulatory bodies can continue to protect the public and maintain the integrity of their professions within the constraints set by insolvency law.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728X.2016.1240882","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59985105","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}

引用次数: 0

The legal professions’ new handbooks: narratives, standards and values 法律职业的新手册:叙述、标准和价值观

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728x.2016.1209811

A. Boon

引用次数: 0

Will drafting – clarifying the scope of the duty owed by a solicitor to a client and to the intended beneficiaries in Australia 草拟-厘清律师对澳洲客户及预期受益人的责任范围

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728X.2016.1243861

S. Villios

引用次数: 0

Ethics begin at home 道德从家庭开始

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728x.2016.1209810

P. Baron, L. Corbin

{"title":"Ethics begin at home","authors":"P. Baron, L. Corbin","doi":"10.1080/1460728x.2016.1209810","DOIUrl":"https://doi.org/10.1080/1460728x.2016.1209810","url":null,"abstract":"ABSTRACT Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Re-engagement Study (NARS), however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and harassment within law firms, primarily affecting though not confined to, female lawyers. Of course, bullying and associated behaviours are not confined to the legal profession. But these behaviours are at odds with a profession that purports to be deeply concerned with the ethical conduct of its members. Arguing that ‘ethics begins at home’, this paper suggests NARS raises uncomfortable questions about legal professional ethics: if law firms cannot treat their own staff members ethically, what does that say about the firm’s approach to ethical conduct more generally? And if this culture is as widespread as the report suggests, what does this say about the ethics of the legal profession as a whole?","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2016.1209810","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59984972","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}

引用次数: 3

Attorney ‘mal-practices’: an invisible ethical problem in the early American republic* 律师“不当行为”:美国共和初期一个看不见的伦理问题*

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728x.2016.1248677

Sarah Winsberg

引用次数: 2

Remaining the same, staying different – Attwells v Jackson Lalic Lawyers 保持不变，保持不同- Attwells诉Jackson Lalic律师

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728X.2016.1247538

F. Bartlett

{"title":"Remaining the same, staying different – Attwells v Jackson Lalic Lawyers","authors":"F. Bartlett","doi":"10.1080/1460728X.2016.1247538","DOIUrl":"https://doi.org/10.1080/1460728X.2016.1247538","url":null,"abstract":"Advocates’ immunity protects both barristers and solicitors from civil suit where their impugned actions are performed in court or ‘work done out of court which leads to a decision affecting the conduct of the case in court’. In May this year, the Australian High Court handed down their decision in Attwells v Jackson Laic Lawyers Pty Ltd in which they retained the advocates’ immunity doctrine in Australian law. The decision described here, therefore, changed little in Australian law. It also continued this jurisdiction’s outlier status as the only country to make advocates completely immune from civil liability. Many had predicted a different result. For some time, there has been a growing body of academic critique, and some case law, suggesting that a change is needed. When Australian courts in Giannarelli v Wraith accepted the English doctrine from Rondel v Worsley in 1988, there was some critical commentary. Nearly 20 years later, in the D’Orta decision, the High Court affirmed the immunity, but narrowed the ‘central justification’ for its retention to protecting ‘finality of judgments’ from collateral attack; ‘the principle that controversies once resolved are not to be reopened except in a few narrowly defined circumstances’. This is of particular importance, the Court said, because judicial decisionmaking is to be conceived ‘as an aspect of government of society’.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728X.2016.1247538","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59985298","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}

引用次数: 0

The regulation of government litigants and their lawyers: the regulatory force of Victoria’s model litigant guidelines 政府诉讼当事人及其律师的监管:维多利亚模式诉讼准则的监管力量

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Legal Ethics Pub Date : 2016-07-02 DOI: 10.1080/1460728x.2016.1205874

Alina A. El-Jawhari

{"title":"The regulation of government litigants and their lawyers: the regulatory force of Victoria’s model litigant guidelines","authors":"Alina A. El-Jawhari","doi":"10.1080/1460728x.2016.1205874","DOIUrl":"https://doi.org/10.1080/1460728x.2016.1205874","url":null,"abstract":"ABSTRACT Victoria’s Model Litigant Guidelines (MLGs) aim to regulate the conduct of government parties in civil disputes in a manner that goes beyond the ethical duties of ordinary litigants. Despite the sheer number of disputes involving the Victorian government to which the regime applies, little academic attention has been given to Victoria’s MLGs. The article explores the nature and extent of the regulatory force exerted by the MLGs by applying regulatory theory to the MLG regime. Particular attention is given to applying Ayers and Braithwaite’s theory of Responsive Regulation that includes situating the guidelines within their regulatory pyramid. The analysis finds that in the absence of a distinct regulator, the MLG regime is predominantly self-regulatory. The responsiveness of the MLGs appears to be restricted owing to an absence of public involvement in the MLG regime. The article also highlights that likely challenges to the MLG regime as a mode of regulation include the nature of the regulatory context, the decentralisation of government services, the lack of publicly available information on the government’s adherence to the MLGs and the content of the MLGs themselves.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2016.1205874","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59984874","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}

引用次数: 0

All hail the MDP: the German Federal Constitutional Court paves the way for multidisciplinary service firms 所有人都为民主党欢呼:德国联邦宪法法院为多学科服务公司铺平了道路

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Legal Ethics Pub Date : 2016-01-02 DOI: 10.1080/1460728X.2016.1188539

Matthias Kilian

引用次数: 0