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Books > Law > Jurisprudence & general issues > Legal profession
"A Modern Legal Ethics" proposes a wholesale renovation of legal
ethics, one that contributes to ethical thought generally.
Daniel Markovits reinterprets the positive law governing lawyers
to identify fidelity as its organizing ideal. Unlike ordinary
loyalty, fidelity requires lawyers to repress their personal
judgments concerning the truth and justice of their clients'
claims. Next, the book asks what it is like--not psychologically
but ethically--to practice law subject to the self-effacement that
fidelity demands. Fidelity requires lawyers to lie and to cheat on
behalf of their clients. However, an ethically profound interest in
integrity gives lawyers reason to resist this characterization of
their conduct. Any legal ethics adequate to the complexity of
lawyers' lived experience must address the moral dilemmas immanent
in this tension. The dominant approaches to legal ethics cannot.
Finally, "A Modern Legal Ethics" reintegrates legal ethics into
political philosophy in a fashion commensurate to lawyers' central
place in political practice. Lawyerly fidelity supports the
authority of adjudication and thus the broader project of political
legitimacy.
Throughout, the book rejects the casuistry that dominates
contemporary applied ethics in favor of an interpretive method that
may be mimicked in other areas. Moreover, because lawyers practice
at the hinge of modern morals and politics, the book's interpretive
insights identify--in an unusually pure and intense form--the moral
and political conditions of all modernity.
Despite the handsome incomes they often command, lawyers are far
from the happiest of professionals. Seven in ten attorneys in one
poll said they would choose other careers if they had to do it over
again and, in another poll, fewer than half said they would
encourage young people to become lawyers. Indeed, no poll has ever
put the law in the top tier of satisfying professions. The economic
uncertainty of recent years has only made law students and lawyers
think harder than ever before about what they can hope to get out
of careers in law.
This book not only sheds light on why so many lawyers find so
little to like about their jobs, but also explores what they can do
about the problem. Drawing on recent psychological research on
happiness, Nancy Levit and Douglas Linder highlight various factors
that contribute to professional stress and frustration--from
pressure to increase the number of billable hours to discontents
that occur when the job's demands fail to mesh with a lawyer's
personal values or aspirations. They offer an array of coping
tools, both large and small, that will help attorneys find more
balance in their lives; they also suggest ways that law firms can
be more flexible to accommodate their employees' needs, thus
boosting morale and, in the process, producing higher-quality work.
The authors also show how law students can better define their
goals to ensure a satisfying career.
Having interviewed more than two hundred lawyers across the
country, Levit and Linder enliven their account with
engrossing--and sometimes surprising--career stories from both
happy and unhappy lawyers. From these stories they develop sensible
solutions for lawyers and the legal profession as a whole.
Attorneys and law students with doubts or questions about their
career choices will find a wealth of reassurance and good advice in
this book.
This edition makes Susskind's highly-acclaimed and best-selling book available in paperback, and includes a new and substantial preface by the author. His prize-winning book demonstrates why the future of the law is digital. It shows why and how IT is radically altering and will alter further the practice of law and the administration of justice. Beyond automating and streamlining traditional ways of providing legal advice, IT is re-engineering the entire legal process, resulting in legal products and information services focused on dispute pre-emption rather than dispute resolution, and legal risk management rather than legal problem solving. With easy and inexpensive access available, IT will help to integrate the law with business and domestic life. This book explores the implications, opportunities, and challenges presented by the information society as it irrevocably changes how law will be practised and justice administered.
When people pay bribes to foreign public officials, how should the
law respond? This question has been debated ever since the
enactment of the U.S. Foreign Corrupt Practices Act of 1977, and
some of the key arguments can be traced back to Cicero in the last
years of the Roman Republic and Edmund Burke in late
eighteenth-century England. In recent years, the U.S. and other
members of the OECD have joined forces to make anti-bribery law one
of the most prominent sources of liability for firms and
individuals who operate across borders. The modern regime is
premised on the idea that transnational bribery is a serious
problem which invariably merits a vigorous legal response. The
shape of that response can be summed up in the phrase "every little
bit helps," which in practice means that: prohibitions on bribery
should capture a broad range of conduct; enforcement should target
as broad a range of actors as possible; sanctions should be as
stiff as possible; and as many agencies as possible should be
involved in the enforcement process. An important challenge to the
OECD paradigm, labelled here the "anti-imperialist critique,"
accepts that transnational bribery is a serious problem but
questions the conventional responses. This book uses a series of
high-profile cases to illustrate key elements of transnational
bribery law in action, and analyzes the law through the lenses of
both the OECD paradigm and the anti-imperialist critique. It
ultimately defends a distinctively inclusive and experimentalist
approach to transnational bribery law.
A Drink at the Bar: A memoir of crime, justice and overcoming
personal demons is the witty, opinionated and revealing memoirs of
Judge Graham Boal QC, a criminal barrister for thirty years before
serving as a judge for nine years until his retirement as a
Permanent Judge at London's Central Criminal Court, the Old Bailey,
in 2005. Boal's career highlights included his being the legendary
George Carman's junior in the Liberal leader Jeremy Thorpe's trial
for conspiracy to murder in 1979, leading for the Crown at the
Appeal of the Birmingham Six in 1991 and becoming First Senior
Treasury Counsel. His memories of key cases in his career are
fascinating but his day-to-day experiences, and the underlying
legal issues and happenstance, are every bit as revealing and
interesting. Boal has been described as 'clubbable', a man who
enjoys cricket, golf and life in a Norfolk village, but as his
brilliant career progressed he found himself increasingly dependent
on the demon alcohol. He went into treatment for alcoholism and
depression in 1993, and has been a recovering alcoholic ever since,
including his years as a judge at the Old Bailey, the court at
which most of the most serious criminal cases in the country are
tried. This intriguing memoir reveals the many inside stories of
classic criminal cases and the author is unstinting in his analysis
of his professional achievements and personal struggles. This will
be an essential read for all those interested in legal and
political issues and the toll that the pressures of high office can
put on one's personal life and wellbeing. The author is now a
trustee and board member of WDP, a leading addiction charity.
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