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Conflicted Clients An Examination Of Independent Legal Advice Conflicts Of Interest And The Standards Of Practice


Conflicted Clients An Examination Of Independent Legal Advice Conflicts Of Interest And The Standards Of Practice
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Conflicted Clients An Examination Of Independent Legal Advice Conflicts Of Interest And The Standards Of Practice


Conflicted Clients An Examination Of Independent Legal Advice Conflicts Of Interest And The Standards Of Practice
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Author : Canadian Bar Association. Ontario Branch. Continuing Legal Education
language : en
Publisher:
Release Date : 1996

Conflicted Clients An Examination Of Independent Legal Advice Conflicts Of Interest And The Standards Of Practice written by Canadian Bar Association. Ontario Branch. Continuing Legal Education and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Conflict of interests categories.




Model Rules Of Professional Conduct


Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007

Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.



Serving Two Masters


Serving Two Masters
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Author : Janine E. Griffiths-Baker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-11-27

Serving Two Masters written by Janine E. Griffiths-Baker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11-27 with Law categories.


It is a sine qua non of legal practice that lawyers should not allow themselves to act for two clients whose interests may,potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalisation of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being 'managed', rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides the first thorough consideration of how conflicts of interest are handled within law firms. It will be essential reading to all those who have an interest in professional legal ethics, including law students, legal scholars, practitioners, and regulators.



Regulations And Applications Of Ethics In Business Practice


Regulations And Applications Of Ethics In Business Practice
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Author : Jing Bian
language : en
Publisher: Springer
Release Date : 2018-06-29

Regulations And Applications Of Ethics In Business Practice written by Jing Bian and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-29 with Business & Economics categories.


This book presents a variety of discussions from different countries about regulations and applications of ethics in business practice. It demonstrates how Ethics, both in the world of business and in academic life, is consistently a central and unavoidable issue that institutions must devise new regulations on a regular basis to address. Given that applying such regulations becomes complicated in a global business landscape and that International companies have lost large amounts of revenues due to fraudulent activities, the book provides insights for professionals in business world to teach, learn, apply, measure and report on companies' daily business. Business and Professional Ethics: Theories, Standards, and Analysis is essential reading for researchers and students in business schools around the world.



The Ethics And Conduct Of Lawyers In England And Wales


The Ethics And Conduct Of Lawyers In England And Wales
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Author : Andrew Boon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-07

The Ethics And Conduct Of Lawyers In England And Wales written by Andrew Boon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-07 with Law categories.


This is the third edition of the leading textbook on legal ethics and the regulation of the legal profession in England and Wales. As such it maps the complex regulatory environment in which the legal profession in England and Wales now operates. It opens with a critical overview of professional ideals, organisation, power and culture and an examination of the mechanisms of professions, exercised through governance, regulation, discipline and education. The core of the book explores the conflict between duties owed to clients (loyalty and confidentiality) and wider duties (to the profession, third parties and society). The final part applies lawyers' ethics to dispute resolution and settlement (litigation, negotiation, advocacy and alternative dispute settlement). Now laid out in a more accessible format and written in a more approachable style, the book is ideal reading for those teaching and learning in the field of legal ethics.



Assessing Lawyers Ethics


Assessing Lawyers Ethics
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Author : Adrian Evans
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-15

Assessing Lawyers Ethics written by Adrian Evans and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-15 with Law categories.


Legal practitioners operate in an environment of seemingly endless ethical challenges, and against a backdrop of diminishing public opinion about their morality. Based on extensive research, Assessing Lawyers' Ethics argues that lawyers' individual ethics can be assessed and measured in realistic frameworks. When this assessment takes place, legal practitioners are more likely to demonstrate better ethical behaviour as a result of their increased awareness of their own choices. This book advocates a variety of peer-administered testing mechanisms that have the potential to reverse damaging behaviours within the legal profession. It provides prototype techniques, questions and assessments that can be modified to suit different legal cultures. These will help the profession regain the initiative in ethical business practice, halt the decline in firms' reputations and reduce the risk of state-sponsored regulatory intervention.



Aba Journal


Aba Journal
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Author :
language : en
Publisher:
Release Date : 1993-01

Aba Journal written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01 with categories.


The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.



Conflicts Of Interest And The Indigent Client


Conflicts Of Interest And The Indigent Client
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Author : David H. Taylor
language : en
Publisher:
Release Date : 2016

Conflicts Of Interest And The Indigent Client written by David H. Taylor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.


In order to revisit the application of conflict of interest principles to legal services practice, this article employs a survey of legal services providers. In addition to setting a context for discussion by determining the nature of the conflicts most frequently encountered by legal services offices, the survey resulted in two significant findings. First, the legal services client who is denied representation due to a conflict of interest most often is left without any source of representation. Second, the conflicts that most frequently lead to the denial of representation of the indigent client often do not involve any actual prejudice to the client. Building upon the findings of the survey, this article argues that the presumption of prejudice inherent in conflict principles serves to unnecessarily deny the legal services client access to the only available source of representation. It examines and compares the interests involved in the legal services attorney-client relationship to that involved in the for-profit attorney client relationship. That examination shows that the lack of pecuniary interests of the legal services attorney, when coupled with the unique interest of the legal services client in representation from the only available source, makes the presumptions of prejudice necessary for the protection of the for-profit client unnecessary and therefore inappropriate to the legal services attorney-client relationship. Consequently, this article argues that, in the legal services context, the application of conflict of interest principles should be based upon a standard of actual prejudice rather than on the present presumption of prejudice standard. This article also will address the arguments of courts and commentators who have claimed that a different application of conflict of interest principles in legal services would result in an unacceptable compromise of client interests.



Parker And Evans S Inside Lawyers Ethics


Parker And Evans S Inside Lawyers Ethics
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Author : Vivien Holmes
language : en
Publisher: Cambridge University Press
Release Date : 2023-01-10

Parker And Evans S Inside Lawyers Ethics written by Vivien Holmes and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-10 with Law categories.


Parker and Evans's Inside Lawyers' Ethics provides a practical and engaging introduction to ethical decision-making in legal practice in Australia. Underpinned by four theoretical concepts – adversarial advocacy, responsible lawyering, moral activism and ethics of care – this text analyses legal and professional frameworks, highlighting relevant parts of the Australian Solicitors' Conduct Rules. Case studies and discussion questions offer contemporary, practical examples of the application of ethics. The book also addresses the challenge of ethical action and offers techniques to deal with ethical conflicts.This edition has been comprehensively updated and discusses the implications of advances in legal technology, mental ill-health in the profession and the complexities of government legal practice. A new chapter covers lawyers' ethical obligation to address the legal challenges posed by climate change. Written by an expert author team, Parker and Evans's Inside Lawyers' Ethics empowers readers to identify ethical challenges and resolve them through good decision-making practices.



Conflicts Of Interest


Conflicts Of Interest
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Author : Don A. Moore
language : en
Publisher: Cambridge University Press
Release Date : 2005-04-18

Conflicts Of Interest written by Don A. Moore and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-18 with Business & Economics categories.


This collection explores the subject of conflicts of interest. It investigates how to manage conflicts of interest, how they can affect well-meaning professionals, and how they can limit the effectiveness of corporate boards, undermine professional ethics, and corrupt expert opinion. Legal and policy responses are considered, some of which (e.g. disclosure) are shown to backfire and even fail. The results offer a sobering prognosis for professional ethics and for anyone who relies on professionals who have conflicts of interest. The contributors are leading authorities on the subject in the fields of law, medicine, management, public policy, and psychology. The nuances of the problems posed by conflicts of interest will be highlighted for readers in an effort to demonstrate the many ways that structuring incentives can affect decision making and organizations' financial well-being.