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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
Ethics are an integral part of the legal profession. Ethics are
important because they imbue a sense of orderliness and
professionalism in the members of the profession, and hence instil
in legal practitioners a sense of responsibility and
accountability. Understanding Professional Conduct and Ethics for
Legal Practitioners in Zambia covers the following areas: the core
ethics of a legal practitioner; the obligations of an advocate; the
fraternity of lawyers; undertakings; disciplining an advocate; the
conduct and ethics of prosecutors; and judicial officers' conduct
and ethics. The book includes the Judicial (Code of Conduct) Act,
the Legal Practitioners' Act and the Legal Practitioners' Practice
Rules.
Compliance and Ethics in Law Firms provides guidance on SRA
regulations for non-lawyers working in law firms and for those who
are responsible for ensuring that they comply with the SRA's rules
(such as COLPs, COFAs and learning and development professionals).
There are regulatory and legal consequences both for these
individuals and for their firms if they fail to demonstrate the
correct behaviours. It is therefore essential that everyone who
works in a law firm understands the compliance and ethical
requirements of SRA regulations. The second edition of this book
has been updated to aid compliance with the SRA Standards and
Regulations, which replaced the SRA Handbook in November 2019, as
well as relevant tribunal decisions. The text has been revised to
take account of the Money Laundering Regulations 2017, the Criminal
Finances Act 2017, the EU General Data Protection Regulation (GDPR)
and the Data Protection Act 2018. These changes are of great
significance and this edition will explain them and provide the
reader with a toolkit of regulatory and ethical knowledge which can
be applied to their specific circumstances.
Setting out the current rules on legal professional privilege
(LPP), with specific attention to their relevance in EU competition
investigations, this comprehensive book analyses the practice of
LPP by the European Commission and its interpretations in the
European Courts. It also compares this to practice in the EU Member
States, as well as other jurisdictions including Japan, the UK, and
the US. Key Features: An overview of the history of LPP Discussions
on the practice of LPP in the EU and globally Commentary on the
relevant case law of the EU courts in relation to LPP in EU
competition investigations Analysis of LPP in competition
investigations in the EFTA countries, EU Member States, and other
jurisdictions This book will be an essential resource for
competition practitioners – both private practitioners and
in-house counsel – as well as officials at the Commission and at
the competition authorities and enforcement agencies.
This book examines patent law and policy in biotechnology across
the full lifecycle of the patent, focusing on the patent bargain
and the public interest. It considers the central issues of how to
strike an effective balance of rights, and whether public interest
is adequately safeguarded - two issues that are particularly
important in areas of rapidly emerging technology. Expert
contributors are brought together to explore patent eligibility in
biotechnology, focusing on the fields of precision medicine,
biofabrication and non-invasive prenatal testing. Chapters also
explore the construction and coherence of exceptions to
patentability,an examination of FRAND licensing in the context of
the internet of medical things, and the possibility of using
licensing to encourage or ensure the ethical use of patented
technologies. With its carefully constructed analysis, this book
will be an excellent resource for academic researchers, and
students, in the fields of biotechnology law, pharmaceutical law
and intellectual property law. It will also be useful for legal
practitioners and policymakers, as well as charitable bodies and
non-governmental organisations.
Globally, countries are faced with a complex act of statecraft: how
to design and defensible complaints and discipline regime. In this
collection, contributors provide critical analyses of judicial
complaints and discipline systems in thirteen diverse
jurisdictions, revealing that an effective and legitimate regime
requires the nuanced calibration of numerous public values
including independence, accountability, impartiality, fairness,
reasoned justification, transparency, representation, and
efficiency. The jurisdictions examined are Australia, Canada,
China, Croatia, England and Wales, India, Italy, Japan, the
Netherlands, Nigeria, Poland, South Africa, and the United States.
The core findings are four-fold. First, the norms and practices of
each discipline regime differ in ways that reflect distinct social,
political, and cultural contexts. Second, some jurisdictions are
doing better than others in responding to challenges of designing a
nuanced and normatively defensible regime. Third, no jurisdiction
has yet managed to construct a regime that can be said to
adequately promote public confidence. Finally, important lessons
can be learned through analysis of, and critically constructive
engagement with, other jurisdictions. The first comprehensive
comparative collection on judicial discipline systems, Disciplining
Judges, will inspire new conversations among academics, students,
judges, governmental officials and political scientists.
This timely Research Handbook offers significant insights into an
understudied subject, bringing together a broad range of
socio-legal studies of medicine to help answer complex and
interdisciplinary questions about global health - a major challenge
of our time. Interdisciplinary chapters explore both how the
terrain of medicine can generate new questions about law,
regulation and the state, and how the law intersects with health
and medicine at every level. Bringing together leading
international scholars, the Research Handbook assembles concrete
case studies to suggest avenues for further research on socio-legal
inquiries, such as the construction of disorders by law, the
reparation of injuries, and how race and gender impact justice. The
Research Handbook for Socio-Legal Studies of Medicine and Health
will be an inspiring read for researchers, academics and graduate
students in the fields of health law, socio-legal studies, and
gender and sexuality. Contributors include: P. Arcidiacono, J.
Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello,
E. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M.
Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka,
C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A.
Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T.
Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S.
Westwood
When is a gift not a gift? When it's a bribe. For many, corporate
hospitality oils the wheels of commerce. But where do you draw the
line? Bribes, incentives and inducements are not just a matter of
used banknotes stuffed in brown envelopes. Expenses, corporate
settlement of personal bills, gifts and hospitality can all be used
to influence business partners, clients and contractors. Can you
afford unlimited fines? Under the Bribery Act 2010, a maximum of
ten years' imprisonment and an unlimited fine may be imposed for
offering, promising, giving, requesting, agreeing, receiving or
accepting bribes. With such strict penalties, it's astonishing that
so few companies have few or no measures in place to ensure that
they are not liable for prosecution. This is especially astonishing
as the Ministry of Justice's Quick start guide to the Bribery Act
makes it clear that "There is a full defence if you can show you
had adequate procedures in place to prevent bribery." Such
procedures can be found in BS 10500:2010, the British Standard for
anti-bribery management systems (ABMSs). How to implement an ABMS
An Introduction to Anti-Bribery Management Systems (BS 10500)
explains how to implement an ABMS that meets the requirements of BS
10500, from initial gap analysis to due diligence management: * An
introduction to BS 10500 * An explanation of an ABMS * Management
processes within an ABMS * Implementing an ABMS * Risk assessment
in due diligence * Whistleblowing and bribery investigations *
Internal auditing and corrective action * Certification to BS 10500
It provides helpful guidance on the importance of clearly defining
policies; logging gifts and hospitality in auditable records;
ensuring a consistent approach across the organisation; controls
for contractors; facilitation payments; charitable and political
donations; risk assessment in due diligence; whistle-blowing and
bribery investigations; and internal auditing and corrective
action. Meet the stringent requirements of the Bribery Act Not only
will a BS 10500-compliant ABMS help your organisation prove its
probity by meeting the stringent requirements of the Bribery Act,
it can also be adapted to most legal or compliance systems. An
ethical approach to business is not just a legal obligation but a
way to protect your reputation. About the author Alan Field, MA,
LL.B (Hons), PgC, MCQI CQP, MIIRSM, AIEMA, GIFireE, GradIOSH is a
Chartered Quality Professional, an IRCA Registered Lead Auditor and
member of the Society of Authors. Alan has particular expertise in
auditing and assessing anti-bribery management systems to BS 10500
and public-sector counter-fraud systems to ISO9001. Alan has many
years' experience with quality and integrated management systems in
the legal, financial, property services and project management
sectors in auditing, assessment and gap analysis roles. Your
company's integrity is important. An Introduction to Anti-Bribery
Management Systems (BS 10500) shows you how to maintain and prove
it.
11 Oak Street is the true story of how the Queen's bankers, Coutts
& Co, sent two cashier's cheques to the law firm of Urie Walsh
in San Francisco with the wrong address on the envelope (11 Oak
Street instead of 1111 Oak Street), setting off a chain of events
that led to the abduction of a three-year-old child from Bristol,
England, to San Francisco, California. It is a horrifying story of
greed, ineptness, corruption, stupidity and wasted years as the
father tries to seek justice and access to his son in the midst of
a thirteen-year nightmare that even Kafka could not have thought
up. If you want to read about the seven California lawyers involved
in this story who either went to jail, were disbarred, or resigned
with charges pending, and inept judges who broke all the rules or
were disciplined, this is the book for you. This is a story that
would never have happened if those concerned had fulfilled their
duties correctly and not broken the law. If Graham Cook, the
author, had known then what he knows now, there would have been no
story and he would not have gone bankrupt, become homeless or,
through the actions of his own brother, ended up in a California
jail. This is the book the California Judges Association refused to
let the author promote to its members, since it reveals in detail
the judicial abuse by some of their past and present members whose
conduct will shock and disgust any right- minded person. The best
way to describe this book is that everything that could go wrong
went and if the internet was around at the start of the nightmare
most of what went on in this book would not have happened.This is a
book where certain people have gone to extraordinary lengths to
stop people buying and have dismally failed in their objective.
This Research Handbook offers crucial ethical perspectives on
navigating the increasingly complex and contested landscape of
contemporary energy law. Taking an interdisciplinary approach, it
brings together diverse scholarship and expertise from academia,
international organizations, legal practice and the judiciary to
address wide-ranging issues linking energy and law to ethical
drivers such as wealth, peace and war, development, climate change,
and use and abuse of natural resources. The Handbook investigates
first the governing dynamics of energy, law and ethics, providing a
conceptual overview of key topics. It then examines the ethics of
financing energy projects, renewable energy transition and climate
change mitigation. The final part is a case study of energy, law
and ethics in practice. Throughout, the Handbook draws on the vital
underlying theme of intergenerational equity, offering a toolbox of
arguments for framing the law and policies that will shape the
future of the planet. The Research Handbook on Energy, Law and
Ethics will be an essential resource for scholars and practitioners
working in all areas of energy law, particularly its intersections
with climate change, renewable energy transition and environmental
justice. Negotiators and policymakers will also find its
delineation of current debates and reference to practical
experience invaluable.
The fourth edition of this bestselling guide to money laundering
compliance has been updated to take account of significant
developments in legislation and best practice including: - the
replacement of the Money Laundering Regulations 2007 with the Money
Laundering, Terrorist Financing and Transfer of Funds (Information
on the Payer) Regulations 2017 - the replacement of the Law
Society's practice note with the Legal Sector Affinity Group's
guidance - the introduction of the Criminal Finances Act 2017 - the
National Crime Agency succeeding the Serious Organised Crime
Agency. User-friendly and practical, the book provides an overview
of the substantive law and guidance on reporting suspicions,
managing money laundering procedures and spotting money laundering
activities in a solicitor's practice, as well as the full text of
the Anti-Money Laundering Guidance for the Legal Sector, making it
an essential resource for ensuring compliance.
Today's practitioners and researchers are looking, now more than
ever, at the ethical issues that are raised through the practice of
social work and social services. As such, it is crucial that they
are up-to-date on the latest data on how to address, manage, and
overcome ethical issues in their practice. Ethical Issues in Social
Work Practice is a pivotal reference source for the latest research
on the role of moral values within social work and the ethical
dilemmas that arise in the profession. Highlighting extensive
coverage among a variety of applicable perspectives and themes,
such as governing principles of social work practice, ethical
analysis of social work cases, and individual and social
responsibility in social services, this book is ideally designed
for professionals and researchers working in the field of social
work and social services as well as academics and upper-level
students seeking cutting-edge research on ethics in the practice of
social work.
Strategies for effective problem-solving and decision-making are
efficient ways for professionals to solve the moral dilemmas that
confront them in their daily practice. Feelings of wellbeing and
positive outcomes, often impeded by the failure to make decisions,
can result when strategies are developed from psychological
theories and positive mindsets. Ethical Problem-Solving and
Decision-Making for Positive and Conclusive Outcomes is a pivotal
reference source that synthesizes major psychological theories to
show that any moral dilemma can be solved by using the correct
positive mindset based on psychological theory and superimposing a
basic ethical template to reach a conclusive decision. While
highlighting topics such as cultural identity, student engagement,
and education standards, this book is ideally designed for clinical
practitioners, psychologists, education professionals,
administrators, academicians, and researchers.
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