Pub Date : 2020-07-02DOI: 10.1080/1460728x.2020.1799302
Allan C. Hutchinson
It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published. 1 By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or di...
斯蒂芬·韦克斯勒(Stephen Wexler)的文章《为穷人执业法律》(Practicing Law for Poor People)发表已有50年。以任何合理的标准衡量，这已经成为并仍然是一个标志性的作品。不管他是否同意……
{"title":"Practising law for rich and poor people: towards a more progressive approach","authors":"Allan C. Hutchinson","doi":"10.1080/1460728x.2020.1799302","DOIUrl":"https://doi.org/10.1080/1460728x.2020.1799302","url":null,"abstract":"It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published. 1 By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or di...","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2020.1799302","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41937952","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}
Pub Date : 2020-07-02DOI: 10.1080/1460728x.2020.1834070
N. Duncan, R. Field, Caroline Strevens
ABSTRACT There is currently a debate about resilience and wellbeing of law students and legal practitioners. Tension has developed between a movement promoting the wellbeing of students and those who criticise that movement for individualising responsibility and enabling managers to evade their responsibilities. This article seeks a constructive resolution of that tension. It proposes ethical obligations for intentional curriculum design for the promotion of student well-being and the ongoing well-being of practitioners. In order to do this it explores different theoretical perspectives on ethical practice. It then uses self-determination theory, a theory of positive psychology, as a basis for applying the outcome of this analysis to the task of educating lawyers. Finally, it considers the implications of these analyses for the continuing responsibilities of the relevant communities: legal educators; practitioners, their employers and managers; regulators; and for the individual law student and lawyer.
{"title":"Ethical imperatives for legal educators to promote law student wellbeing","authors":"N. Duncan, R. Field, Caroline Strevens","doi":"10.1080/1460728x.2020.1834070","DOIUrl":"https://doi.org/10.1080/1460728x.2020.1834070","url":null,"abstract":"ABSTRACT There is currently a debate about resilience and wellbeing of law students and legal practitioners. Tension has developed between a movement promoting the wellbeing of students and those who criticise that movement for individualising responsibility and enabling managers to evade their responsibilities. This article seeks a constructive resolution of that tension. It proposes ethical obligations for intentional curriculum design for the promotion of student well-being and the ongoing well-being of practitioners. In order to do this it explores different theoretical perspectives on ethical practice. It then uses self-determination theory, a theory of positive psychology, as a basis for applying the outcome of this analysis to the task of educating lawyers. Finally, it considers the implications of these analyses for the continuing responsibilities of the relevant communities: legal educators; practitioners, their employers and managers; regulators; and for the individual law student and lawyer.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2020.1834070","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45201687","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}
Pub Date : 2020-07-02DOI: 10.1080/1460728x.2020.1833130
Marc Mason
ABSTRACT The Legal Services Act 2007 provided a framework for a liberalised marketplace for legal services. The most significant responses to this by the Bar appear in the Bar Standards Board Handbook, which was first released in January 2014. This included changes allowing for barristers to engage in litigation and enabling the Bar Standards Board to regulate entities rather than just individual barristers. This article places these changes within the existing theoretical understanding of the legal professions and professionalism, and argues that they open the door for a significant shift in the way that the discourse of professionalism is used in relation to the Bar.
{"title":"Entity regulation, litigation rights and the changing meaning of professionalism at the Bar of England and Wales","authors":"Marc Mason","doi":"10.1080/1460728x.2020.1833130","DOIUrl":"https://doi.org/10.1080/1460728x.2020.1833130","url":null,"abstract":"ABSTRACT The Legal Services Act 2007 provided a framework for a liberalised marketplace for legal services. The most significant responses to this by the Bar appear in the Bar Standards Board Handbook, which was first released in January 2014. This included changes allowing for barristers to engage in litigation and enabling the Bar Standards Board to regulate entities rather than just individual barristers. This article places these changes within the existing theoretical understanding of the legal professions and professionalism, and argues that they open the door for a significant shift in the way that the discourse of professionalism is used in relation to the Bar.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2020.1833130","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48474249","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}
Pub Date : 2020-07-02DOI: 10.1080/1460728X.2020.1822098
K. Economides, Joaquim Leonel de Rezende Alvim
ABSTRACT In this article we explain the specific contribution of Bar exams to the professional socialisation of Brazilian lawyer leaders through examining their changing content, particularly the coverage of and balance between commercial and public interests. Understanding what drives curriculum change, as reflected in vocational assessment, could inform the future skills and ethical components of preparatory training of lawyers that in turn might hold implications for the fight against corruption. While we aim to demystify some of the myths surrounding Brazilian lawyers’ ethical conduct, that often are reinforced by misleading and unrealistic media representations of legal heroism, we claim the ethical content of vocational Bar exams can still offer valuable insights into the formation of professional character, including the ability of lawyers to fully comprehend and connect with underlying fundamental values and interests that support both professional and state power. At the same time, we must recognise ethical training has its limits and can only ever go so far in helping to eradicate corruption. Our broad claim is that lessons emerging from recent Brazilian experience could, with some caveats, potentially guide and inform future developments in legal education and training elsewhere.
{"title":"Bar exams, legal ethics and the fight against corruption: lessons from Brazil","authors":"K. Economides, Joaquim Leonel de Rezende Alvim","doi":"10.1080/1460728X.2020.1822098","DOIUrl":"https://doi.org/10.1080/1460728X.2020.1822098","url":null,"abstract":"ABSTRACT In this article we explain the specific contribution of Bar exams to the professional socialisation of Brazilian lawyer leaders through examining their changing content, particularly the coverage of and balance between commercial and public interests. Understanding what drives curriculum change, as reflected in vocational assessment, could inform the future skills and ethical components of preparatory training of lawyers that in turn might hold implications for the fight against corruption. While we aim to demystify some of the myths surrounding Brazilian lawyers’ ethical conduct, that often are reinforced by misleading and unrealistic media representations of legal heroism, we claim the ethical content of vocational Bar exams can still offer valuable insights into the formation of professional character, including the ability of lawyers to fully comprehend and connect with underlying fundamental values and interests that support both professional and state power. At the same time, we must recognise ethical training has its limits and can only ever go so far in helping to eradicate corruption. Our broad claim is that lessons emerging from recent Brazilian experience could, with some caveats, potentially guide and inform future developments in legal education and training elsewhere.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728X.2020.1822098","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44946289","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}
Pub Date : 2020-06-14DOI: 10.1080/1460728x.2021.1979728
L. Backer
ABSTRACT Among key emerging societal principles to which a lawyer owes a high degree of fidelity are those that advance sustainability and that combat corruption. This essay considers the character of those ethical obligations when sustainability and corruption principles are manifested against the needs of institutions and the objectives of ‘deals’. Part 1 briefly introduces the challenge of lawyer ethics. Part 2 then maps the lawyer’s ethics duty as a function of cross cutting ethical duties. Part 3 turns to the framework and challenges of the ethical lawyer, situating the role of lawyers as ethical gatekeepers and mediators. Part 4 applies the insights developed to examine the lawyer’s ethical dilemmas as they may manifest themselves within the specific context of sustainability and corruption and within institutional frameworks and client transactions. The essay concludes with the core insight that ethics is a deeply moral project and that fidelity to moral principles ought to drive ethical decision making.
{"title":"Lawyers are not algorithms: sustainability, corruption, and the role of the lawyer in institutional frameworks and corporate transactions","authors":"L. Backer","doi":"10.1080/1460728x.2021.1979728","DOIUrl":"https://doi.org/10.1080/1460728x.2021.1979728","url":null,"abstract":"ABSTRACT Among key emerging societal principles to which a lawyer owes a high degree of fidelity are those that advance sustainability and that combat corruption. This essay considers the character of those ethical obligations when sustainability and corruption principles are manifested against the needs of institutions and the objectives of ‘deals’. Part 1 briefly introduces the challenge of lawyer ethics. Part 2 then maps the lawyer’s ethics duty as a function of cross cutting ethical duties. Part 3 turns to the framework and challenges of the ethical lawyer, situating the role of lawyers as ethical gatekeepers and mediators. Part 4 applies the insights developed to examine the lawyer’s ethical dilemmas as they may manifest themselves within the specific context of sustainability and corruption and within institutional frameworks and client transactions. The essay concludes with the core insight that ethics is a deeply moral project and that fidelity to moral principles ought to drive ethical decision making.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2020-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42527611","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 General Counsel as Partner in Shaping a Corporate Culture that Respects Human Rights","authors":"J. Sherman","doi":"10.2139/ssrn.3624331","DOIUrl":"https://doi.org/10.2139/ssrn.3624331","url":null,"abstract":"","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68614486","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}
Pub Date : 2019-07-03DOI: 10.1080/1460728x.2019.1692510
P. Baron, L. Corbin
ABSTRACT Since 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines legal education and its links to lawyer distress. In the profession, there has been a growing awareness of lawyer mental illness and the growth of professional development and lawyer support. Less attention, however has been paid to the links between mental illness and misconduct and the ways in which mental illness is treated in disciplinary proceedings. This article seeks to address this gap by examining cases of disciplinary misconduct over the past 10 years in which mental illness is raised as a causal or a contributing factor. We have found that the law relating to mental illness and misconduct is still developing. Our analysis finds that courts and tribunals are, overall, sensitive to lawyer mental illness and that they are achieving an appropriate balance between the rights of the lawyer and protecting those of the public and the reputation of the legal profession. The paper will draw out the principles currently being used by the courts to assess the effects and implications of a lawyer’s mental illness on claims of misconduct.
{"title":"Lawyers, mental illness, admission and misconduct","authors":"P. Baron, L. Corbin","doi":"10.1080/1460728x.2019.1692510","DOIUrl":"https://doi.org/10.1080/1460728x.2019.1692510","url":null,"abstract":"ABSTRACT Since 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines legal education and its links to lawyer distress. In the profession, there has been a growing awareness of lawyer mental illness and the growth of professional development and lawyer support. Less attention, however has been paid to the links between mental illness and misconduct and the ways in which mental illness is treated in disciplinary proceedings. This article seeks to address this gap by examining cases of disciplinary misconduct over the past 10 years in which mental illness is raised as a causal or a contributing factor. We have found that the law relating to mental illness and misconduct is still developing. Our analysis finds that courts and tribunals are, overall, sensitive to lawyer mental illness and that they are achieving an appropriate balance between the rights of the lawyer and protecting those of the public and the reputation of the legal profession. The paper will draw out the principles currently being used by the courts to assess the effects and implications of a lawyer’s mental illness on claims of misconduct.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2019.1692510","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45168396","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}
Pub Date : 2019-07-03DOI: 10.1080/1460728x.2019.1702778
María L. Torres-Villarreal, D. Bernal-Camargo
ABSTRACT In the process of teaching law, is necessary to address some aspects that are not framed in strictly legal knowledge and require different strategies to be approach by the professor. An example of this, are the cases that a legal clinic knows, where a series of ethical dilemmas are posed to the student and it is important to provide it with the necessary tools to understand the problem from the values, have the ability to deliberate and make decisions that are fair and appropriate to the reality of the context and the particularities of the case. This paper aims to reflect on the ethical dilemmas that arise when weighting ethical and legal principles, through a case that raises the need to analyse the constitutionality of a rule and its existence within the legal system of the State. Likewise, through the real cases, as this one, students are in contact with a reality that seems far away and understand the importance of their knowledge and values in order to resolve the problematic that vulnerable groups.
{"title":"Learning legal ethics in the law clinics: ‘one hundred thousand housing law’ for offences against minors","authors":"María L. Torres-Villarreal, D. Bernal-Camargo","doi":"10.1080/1460728x.2019.1702778","DOIUrl":"https://doi.org/10.1080/1460728x.2019.1702778","url":null,"abstract":"ABSTRACT In the process of teaching law, is necessary to address some aspects that are not framed in strictly legal knowledge and require different strategies to be approach by the professor. An example of this, are the cases that a legal clinic knows, where a series of ethical dilemmas are posed to the student and it is important to provide it with the necessary tools to understand the problem from the values, have the ability to deliberate and make decisions that are fair and appropriate to the reality of the context and the particularities of the case. This paper aims to reflect on the ethical dilemmas that arise when weighting ethical and legal principles, through a case that raises the need to analyse the constitutionality of a rule and its existence within the legal system of the State. Likewise, through the real cases, as this one, students are in contact with a reality that seems far away and understand the importance of their knowledge and values in order to resolve the problematic that vulnerable groups.","PeriodicalId":42194,"journal":{"name":"Legal Ethics","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/1460728x.2019.1702778","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48472455","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}
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