Lawyers Courts And Professionalism
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Lawyers Courts And Professionalism
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Author : Rudolph J. Gerber
language : en
Publisher: Praeger
Release Date : 1989-04-26
Lawyers Courts And Professionalism written by Rudolph J. Gerber and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-04-26 with Law categories.
Lack of access of the poor and middle class to civil courts, suits that benefit only lawyers, litigation tactics devoted to victory rather than truth or justice, and inefficient courts are some of the issues addressed by Judge Gerber in his outspoken critical appraisal of America's legal profession and judiciary. The author suggests practical--and in some cases radical--remedies needed to make the system responsive to the public and to give substance to the ideal of equal justice for all. Gerber's criticisms of the legal profession today are far-reaching, and the self-reflection in which he asks us to engage is difficult, even uncomfortable. But it is a necessary step in the continuing efforts we all must make to ensure that our profession upholds the highest ideals of professional responsibility. Sandra Day O'Connor, Supreme Court of the United States Lack of access of the poor and middle class to civil courts, suits that benefit only lawyers, litigation tactics devoted to victory rather than truth or justice, and inefficient courts are some of the issues addressed by Judge Gerber in his outspoken critical appraisal of America's legal profession and judiciary. The author suggests practical--and in some cases radical--remedies needed to make the system responsive to the public and to give substance to the ideal of equal justice for all. Following an introductory overview of the troubled condition of our legal system, Judge Gerber considers the narrow process by which future lawyers are selected and the financial motivations that commonly inspire them to study law. He next takes a hard look at legal education, noting that the litigation model now in vogue inculcates a mentality of combat and downgrades peacemaking and negotiating skills. In a discussion of bar exams, Judge Gerber points out that these tests measure neither ethics nor competency and fail to provide for specialty licensing, for which he recommends periodic reexamination and peer review. Commenting on the complexity, confusion, delays, and extortionate costs that prevent equal access to justice, the author offers specific suggestions for streamlining court procedures and revamping the court system by managerial and procedural changes. He examines ethical abuse by courtroom litigators, contending that periodic ethical review and specialized training are needed to insure that justice is served. Concluding with a critical analysis of major competing jurisprudential theories, Judge Gerber argues that a return to natural law ideals is needed to reinspire lawyers and judges with a philosophical sense of the foundations of justice. This important new work is particularly relevant for legal educators and professionals and for courses dealing with the legal profession, legal ethics, the judiciary, and the court system.
Lawyers
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Author : Oagile Bethuel Key Dingake
language : en
Publisher: Notion Press
Release Date : 2020-03-14
Lawyers written by Oagile Bethuel Key Dingake and has been published by Notion Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-14 with categories.
This book primarily covers legal professional ethics and court etiquette relevant to the duty of a lawyer in the major legal systems of the world. It emphasizes the point that lawyers must not only practice their craft with absolute integrity but should also be well behaved and civil to each other, the courts and other court users.Lawyers are first and foremost officers of the court; it is their duty to assist the court come to a proper and just determination of the issues in dispute, serving before the court. A lawyer's duty to the court includes candour, honesty, and fairness. Lawyers, especially in an adversarial system, are required to act professionally with scrupulous fairness and integrity and to aid the court in promoting the cause of justice.There is an obligation on a lawyer not to take on a case in circumstances where the lawyer is plainly unqualified for the complexity of the task or has an inadequate knowledge of the area of law concerned. It is the duty of every lawyer to assist the judge by simplification and concentration and not to advance a multitude of ingenious arguments in the hope that one of the many arguments will win the day.Litigants and their lawyers are not entitled to the uncontrolled use of a trial judge's time. Litigants are only entitled to so much of the trial judge's time as is necessary for the proper determination of the relevant issues. Without this assistance from lawyers, the courts are unlikely to succeed in their endeavour to administer justice in a timely and efficient manner.
Lawyers And The Legal Profession
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Author : Murray L. Schwartz
language : en
Publisher: MICHIE
Release Date : 1985
Lawyers And The Legal Profession written by Murray L. Schwartz and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Lawyers categories.
English Lawyers Between Market And State
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Author : Richard L. Abel
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
English Lawyers Between Market And State written by Richard L. Abel and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
During the 1990s, reforms in the English legal profession transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.
The Paradox Of Professionalism
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Author : Scott L. Cummings
language : en
Publisher: Cambridge University Press
Release Date : 2011-02-21
The Paradox Of Professionalism written by Scott L. Cummings 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 2011-02-21 with Law categories.
This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.
Lawyers Ideals Lawyers Practices
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Author : Robert L. Nelson
language : en
Publisher: Cornell University Press
Release Date : 1992
Lawyers Ideals Lawyers Practices written by Robert L. Nelson and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Lawyers categories.
"This collection of articles is an effort to create a greater understanding of the empirical issues that lie behind the debate over whether in the practice of law the ideals of professionalism have been replaced by the demands of commercialism. This book is the most systematic attempt so far to examine what professionalism means in the various arenas of legal practice in the United States. It also seeks to advance the theoretical interpretations that lie at the heart of the scholarship on professionalism and establish a framework for analyzing the issues that is more grounded than previous idealist accounts, yet retains some of the ideas of contingency and changeability that structualist accounts have ignored"--Preface.
Judging Credentials
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Author : Doris Marie Provine
language : en
Publisher: University of Chicago Press
Release Date : 1986
Judging Credentials written by Doris Marie Provine and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
Must judges be trained as lawyers in order to be effective in office, or can nonlawyers serve equally well? This question has long provoked controversy among lawyers, judges, legislators, and the public. In her empirical study of the place of the nonlawyer judge in the American legal system, Doris Marie Provine concludes that, despite the opposition of the legal profession to nonlawyer judges, they are as competent as lawyers in carrying out judicial duties in courts of limited jurisdiction. Provine presents a persuasive argument that the case against nonlawyer judges has been weighted in favor of the professional interests of lawyers, not public concerns. Her examination reveals as much about the presuppositions of legal professionals as it does about the competency of nonlawyer judges to old judicial office. To substantiate her claims, Provine has conducted the most comprehensive survey of nonlawyer and lawyer judges yet undertaken, augmenting this material with court observations and extensive interviews of judges. She integrates the results of this survey into the historical context of the lay versus lawyer judge debate, showing how the legally trained judge came to predominate in the American judicial system and analyzing in detail the campaign both in and out of the courts to make legal training a prerequisite for being a judge. Ultimately, Provine suggests, Americans are too committed to the significance of credentials and to the legal profession's vision of the judicial process to respond very favorably to nonlawyer judges, however well they might perform. Judging Credentials will force lawyers, judges, scholars, and the public to reconsider the role nonlawyer judges play in the American judicial system. Provine's provocative views and exhaustive research adds new dimensions to our understanding of the ethics of professionalism and its consequences.
Ethics And Professional Responsibility
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Author : Jeffrey Pinsler
language : en
Publisher:
Release Date : 2007
Ethics And Professional Responsibility written by Jeffrey Pinsler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Attorney and client categories.
Divorce Lawyers At Work
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Author : Lynn Mather
language : en
Publisher: Oxford University Press
Release Date : 2001-09-13
Divorce Lawyers At Work written by Lynn Mather and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-13 with Law categories.
How do lawyers think about and make the important decisions that constitute the day-to-day practice of law? This book explores that question through an extensive empirical study of lawyers practicing divorce law in New England. The authors emphasize the importance of "collegial control" in shaping lawyers' decisions and identify a variety of "communities of practice" that serve as key agents of that control. Offering a new understanding of the nature of lawyers' work in divorce law as well as a new perspective on legal professionalism, this book is required reading for scholars, students, and practitioners.
Teaching And Learning Professionalism
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Author : American Bar Association. Section of Legal Education and Admissions to the Bar. Professionalism Committee
language : en
Publisher: American Bar Association
Release Date : 1996
Teaching And Learning Professionalism written by American Bar Association. Section of Legal Education and Admissions to the Bar. Professionalism Committee 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 1996 with Law categories.