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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
This handbook is organised into eight parts: What are Professional Ethics?; Nature and Structure of the Profession; Common-law Ethical Duties of a Legal Practitioner; Statutory Duties of a Legal Practitioner; Administering Oaths; Cessation or abandonment of practice; Disciplinary Proceedings; and Judges Magistrates and Prosecutors.
Current important events in the U.S. legal profession and legal ethics, with up-to-the-minute research and rules, are explored by Tulane law students from an advanced ethics seminar of spring 2010 and several independent study papers. The collection is edited by Tulane legal ethics professor Steven Alan Childress, and he surveys the big stories of 2009-2010 in his Foreword. Purchase of this book benefits Tulane PILF, a nonprofit student group which funds public interest and indigent client representations throughout the country. Topics include social networking, "friending," and internet advertising (and very recent court decisions about these areas); ancillary businesses controlled by lawyers, particularly under the LMRDA as interpreted by the Obama administration; the Supreme Court's 2009 decision on judicial campaign finance, and its recent aftermath along with policies of judicial recusal and elections; and ethics and professionalism in settlement negotiations.
The law is a good thing, and man has been compiling laws and rules in one way or another since time immemorial. This book is meant for California attorneys, but anyone anywhere can enjoy this book, because it is based on a system of right. Everyone loves to hate lawyers and taxes, and people say the only thing you can be sure about is death and taxes; so what this means is people cannot be sure about attorneys. This book attempts to change all that, to change the state of the world, by bringing attention to a few things called morality and integrity. Ms. Cellaneous, The Unknown Attorney, loves right and justice. This is her third book on the law. Her first book, "Everything you never wanted to know About Your Nonprofit Corporation," was used as a textbook in a graduate class in public management at BYU; and this book is written to complement a CLE course she is teaching for Lawline on line as one of their on line professors. This book is informative and serious and fun, and will point out some real life experiences The Unknown Attorney has had in her own law practice. Who is The Unknown Attorney? Turn to the copyright page in this book to find out. This book is about doing what is right, and about following the rules and about defining integrity and justice. Frederick Augustus Washington Bailey, who later became known as Frederick Douglass once said, "Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe." Fredrick Douglass was born a slave; and with those words, he said it all.
In this treatise we find an insightful analysis concerning how monetary debasement and inflation increase prices, which proceeds to illustrate how such increases do not affect everyone equally-in effect, causing a revolution in fortunes. In a parallel argument, Mariana explains how government, if given control of other forms of private property, would also debase the values of those forms and use them according to its own interests.
In a desperate attempt to stay young forever we have achieved eternal childishness, rather than eternal youth. Childhood was once restricted to a life stage that passed all too quickly but Neverland 2.0 now makes childhood available to everyone as a permanent lifestyle choice, but at what cost to our communities and to the planet? A new book, 'Leaving Neverland' (Why Little Boys Shouldn't Run Big Corporations) weighs up the costs, delightfully skewers perpetual boys and offers Rites of Passage as a timely way we can all leave Neverland. For our sake, ffs (for our futures sake) it is time to leave. "Behind every preventable threat to the future of the human race stands a boy in a man's body with both of his hands in the cookie jar set aside for future generations."
This expos, Whistleblower Doctor-The Politics and Economics of Pain and Dying, concerns Dr. David K. Cundiff's efforts over 32 years to improve the quality of palliative care and hospice services for cancer and AIDS patients at the LA County + USC Medical Center. Over a nine year period, he improved the care of terminally ill cancer and AIDS patients at the LA County + USC Medical Center by directing a popular "Pain and Palliative Care Consultation Service." Unfortunately for the financial bottom line of the hospital, better pain and symptom control of terminally ill patients led to more patients at home and fewer patients occupying Medicaid-funded hospital beds. The unintended consequence of Medicaid's dysfunctional hospital-centric funding system was the closure of Dr. Cundiff's Consultation Service in 1995. Dr. Cundiff subsequently blew the whistle by writing 83 incident reports about patients receiving poor pain and symptom management. He also wrote an op-ed piece in the LA Times about poor palliative care and widespread institutionalized inefficiencies due to dysfunctional Medicaid financial incentives rewarding a higher hospital census. The hospital retaliated by firing Dr. Cundiff, and the California Medical Board revoked his medical license, both supposedly over a single clinical treatment decision. In a patient with alcoholism, liver failure, and a deep venous thrombosis (DVT, leg vein clot), Dr. Cundiff stopped anticoagulant medications because of the high risk of serious bleeding. Unfortunately, the patient later died of thromboses in his lungs (pulmonary emboli). This reasonable judgment call was not the real reason the Medical Board revoked Dr. Cundiff's license. He challenged the institutionalized inefficiencies in charity hospitals spawned by Medicaid. In researching the scientific evidence regarding anticoagulant drug treatment of venous thromboembolism (VTE: deep venous thrombosis and pulmonary emboli), Dr. Cundiff serendipitously discovered that these drugs do not reduce the risk of death in these patients. In fact, they increase the chance of dying due to bleeding and rebound hypercoagulability (increased clotting after stopping anticoagulants). Up to 20,000 Americans die unnecessarily each year due to bleeding and rebound clotting from these drugs for prophylaxis and treatment of VTE. While many bleed to death or suffer major nonfatal bleeding, drug companies and medical special interests earn from $17 - $25 billion per year in the U.S. from unnecessary and harmful anticoagulation treatments. Dr. Cundiff's peer-reviewed medical journal publications challenging anticoagulant treatment of VTE have been ignored by drug company funded anticoagulant drug researchers. Federal government health regulators in the FDA and NIH have refused to issue a detailed transparent, public critique of his challenges to the evidence basis of anticoagulation for VTE. Drug company financial clout is killing people.The major goals of this book include: improving the pain and symptom control of cancer and AIDS patients, stopping the epidemic of deaths and injuries from the use of anticoagulant drugs, changing the Medicaid reimbursement system for the LA County Department of Health Services and other places where it fosters inefficiencies and poor medical care, and reinstating Dr. Cundiff's medical license.
For more than a decade, American lawyers have bewailed the ethical
crisis in their profession, wringing their hands about its bad
image. But their response has been limited to spending money on
public relations, mandating education, and endlessly revising
ethical rules. In Lawyers in the Dock, Richard L. Abel argues that
these measures will do little or nothing to solve the problems
illustrated by the six disciplinary case studies featured in this
book unless the legal monopoly enjoyed by attorneys in the U.S. is
drastically contracted.
A non-fiction book about corruption in the Australian Government, Judiciary and Federal Police. There is no doubt it will spark a Royal Commission. The book is a great read for anyone who has an interest in politics and non-fiction books on corruption. It is a must read for anyone in the legal fraternity especially law students and other students studying Ethics and Professional Responsibility. It allows the reader to be a fly on the wall as it happened and also see the abuses of the legal system from a practical perspective not just a theoretical viewpoint as most books on Ethics and Professional Responsibility are solely theory based. The book also deals with corruption by the directors of Fairfax Media and their lawyers Freehills, including the directors of Freehills. The book includes documented evidence and names names. Some of the highlights are, but not limited to: 1. Prima Facie cases against a number of judicial officers for breaching section 34 of the 1914 Crimes Act. 2. The Attorney General, Robert McClelland, trying to cover up the corruption and caught out lying about referring the corruption to the Federal Police. 3. The Prime Minister Kevin Rudd turning a blind eye to the corruption and his own criminal history. 4. The current directors of Fairfax Media being in contempt of court. 5. A current judge having a sexual relationship with one of the respondents while the judge was hearing the matter. 6. Transcript evidence of a judicial officer lying while on the bench in relation to having a personal interest in the matters. When I started asking to many questions he quickly transferred the matters to the Federal Court. 7. The fraudulent costs bill sent to the author by Freehills Lawyers on behalf of Fairfax Media which showed criminal conduct and fraud etc. So much so that they could never enforce the costs. 8. The criminal history of a judicial officer which includes price fixing and bribing a witness. Plus much more. The Commonwealth Ombudsman, Professor John McMillan, has openly stated in an ABC Four Corners interview (October 2008) that the Australian Federal Police do not want to know about corruption in their own department. He said he was also told this directly by senior Australian Federal Police. This in itself says there needs to be a Royal Commission. It is worth noting that the Federal Police and the Federal Courts are all part of the Attorney Generals Department. Some of the topics the book raises and/or deals with are: judicial bias - judicial corruption - bribes - perceived bias - actual bias - breaching the Barrister Rules - breaching the Solicitor Rules - lack of ethics - abusing procedural fairness - abuse of processes - delaying tactics - over charging - attempted fraud - criminal conduct - attempting to pervert the course of justice - fabricating evidence - dereliction of duty - shredding of evidence personal interest. Just for the record on the front and back covers there are pictures of the Author holding a sign Justice Moore takes bribes. The photos were tendered as part of an affidavit in court before Justice Moore. The book has further information on history of the photos.
"The Lawyer's Almanac" is a practical guide for the soon-to-be and
new lawyer, outlining the situations they will likely encounter
during their legal career. Charles J. Goldman is an experienced
attorney who presents each topic in an easy-to-read and engaging
manner. The information that he provides applies to sole
practitioners and midsize and large firms as well.
Living in the days of unethical debacles caused by professional and educated business people can easily symbolize human beings as animals who would do what they can to live and survive. However, a human being must be regarded as a social being whose development has been different from that of animals because of social relationships, cultures, and his or her concept of good and evil. This evolutionary advantage is based on morality and ethics demonstrated by honest individuals throughout the world in various industries. Moral development theorists have been concluding that as human beings mature, that is grow older and gain more experience, their ethical values tend to improve and they will become morally sophisticated. Research in human behavior suggests that individuals develop their ethical values through their family life, school, and other social influences. Business Ethics of Retail Employees is based on primary research with 602 retail employees and managers using the Personal Business Ethics Scores (PBES) survey. The PBES measures personal commitment to integrity, honesty, and observance of the laws regulating current business activities. The results of this research suggest that age, supermarket management experience, education, and gender are factors which impact the moral development of retail associates and managers. The question posed is "How ethical are modern workers?" and it turns out that they appear to be very ethical based on their PBES survey findings. If people are the common denominator of success and effectiveness, then the best way to promote fairness and cooperation, and to improve and empower employees, is to properly educate them so they can take personal responsibility for their own decisions, whether personal, professional, or business-related. The Business Ethics of Retail Employees book can help in this education process as it is a recommended reading for retail managers, trainers, human resource professionals, and business students.
This is the second edition of The Private Investigator's Legal Manual, first published in 2005. The second edition includes expanded sections from the first edition, new sections, and analysis of numerous new laws and cases reflecting important changes and developments affecting California private investigators and the attorneys who hire and represent them. The Manual remains the only complete source for answers to the often tricky and difficult legal issues unique to California private investigators.
In TRIAL & ERROR, "Campbell opens to the public a level of lawyering seldom revealed in conventional media: the painstaking process by which attorneys build cases for clients, sometimes against hopeless odds, witness by witness, motion by motion, point by point, always alert for unplanned developments that can win or sink the case." "For poetry readers Campbell captures a wide range of emotion, perspective, and resonance. Each prose poem stretches vivid images across a different thematic loom, weaving disparate threads into a finished story. This is a highly enjoyable ride." from the Forward by Charles M. Sevilla, Esq. Author's proceeds from the sale of TRIAL & ERROR will be donated to the Innocence Project at California Western School of Law, San Diego, California.
Training tools and subject-matter for teaching ethics to law enforcement personnel were examined. A literature review revealed seven categories of training tools including: (a) books and publications, (b) case studies of ethical dilemmas, (c) codes of ethics, (d) decision-making processes, (e) films, (f) philosophies and philosophers, and (g) whistle-blowing (reporting the misconduct of others). Determining the most useful training tool for maintaining proper behavior and improving recalcitrant behavior is an important step in developing effective law enforcement training. In the summer of 2005, a multimethod survey examined the preferences of three populations. The populations were in-service police officers from Phoenix, Arizona, retired police officers from Phoenix, Arizona, and a nationwide group of ethics instructors. Respondents were asked to identify the ethics training tool believed to be most useful for law enforcement training towards maintaining proper behavior and improving recalcitrant behavior. The research found that all three populations chose case studies more frequently than any of the other six tools.
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In "Lawyers and Fidelity to Law," Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. "Lawyers and Fidelity to Law" challenges lawyers and their critics to reconsider the nature and value of ethical representation.
This volume provides a clear and compelling introduction to the most controversial moral and legal problems in society. Focusing on ethical and legal decision making, it directs attention to the issues raised by the general public and by students of law, philosophy, justice, and social policy. Some frequently asked questions and examples address basic life and death issues: abortion and infanticide; care of children, at risk because of predatory priests or alternatives to medicine; capital punishment, in general and excluding juveniles and the mentally retarded; right to die, including physician-assisted suicide and euthanasia. Other frequently asked questions and examples address administrative practices: affirmative action, especially in higher education; professional conduct of lawyers, doctors, and educators; sexual conduct, including homosexual behavior and same-sex marriage; privacy, as a personal problem and a Constitutional right. The materials examine many controversies in ethical and legal decision making: where competing moral and ethical values come from; how to balance reason and faith as significant factors; what the role of personal religious, political, and philosophical views is in deciding; which method is of use in interpreting the U.S. and State Constitutions; what factors to use in the confirmation of Justices and others; the importance of stability v. the necessity for change in addressing moral problems; whether legislatures or courts can better solve contemporary problems; the wide variety of views of ethical and legal decision making. The extensive bibliography directs students and the public interested in further material to the important world where ethics and law, morality and public policy interact. This brief and readable book is the first place to look for what most people want to know about law and ethics.
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.
Special issue on the natural law theory of John Finnis, including issues of right-to-die, end of life care, abortion, sexuality. religion, medical ethics.
Uses techniques from psychological science and legal theory to explore police interrogation in the United States Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect, which ones make it more likely that a person will confess, and which may also inadvertently lead to false confessions. There is a significant psychological component to police interrogations, as interrogators may try to build rapport with the suspect, or trick them into thinking there is evidence against them that does not exist. Also important is the extent to which the interrogator is convinced of the suspect’s guilt, a factor that has clear ramifications for today’s debates over treatment of black suspects and other people of color in the criminal justice system. The volume employs a totality of the circumstances approach, arguing that a number of integrated factors, such as the characteristics of the suspect, the characteristics of the interrogators, interrogation techniques and location, community perceptions of law enforcement, and expectations for jurors and judges, all contribute to the nature of interrogations and the outcomes and perceptions of the criminal justice system. The authors argue that by drawing on this approach we can better explain the likelihood of interrogation outcomes, including true and false confessions, and provide both scholars and practitioners with a greater understanding of best practices going forward.
Journal of the International Natural Law Society, includes articles, book reviews, annotated bibliography.
Find practical answers to hard questions about professional conduct
-- and avoid wrong answers that could set back your firm -- with
this authoritative guide to legal ethics. Drawing on statutes,
standards, and actual cases, the authors show you how to: Evaluate
tactics for possible ethical consequences You'll find concise, authoritative discussion of ethical
problems that arise in such critical areas as: Investigation of
claims |
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