Positional Conflicts Of Interest
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Positional Conflicts Of Interest
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Author : John S. Dzienkowski
language : en
Publisher:
Release Date : 2013
Positional Conflicts Of Interest written by John S. Dzienkowski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
A positional conflict of interest occurs when a law firm adopts a legal position for one client seeking a particular legal result that is directly contrary to the position taken on behalf of another present or former client, seeking an opposite legal result, in a completely unrelated matter. The classic positional conflict of interest arises in litigation when a lawyer or law firm argues for one interpretation of the law on behalf of one client and for a contrary interpretation on behalf of another client. Such conflicts may also arise in the lobbying context when the lawyer or law firm is arguing for a particular change in the law for one client and in another representation is making a legal argument inconsistent with the position advanced for the first client. These conflicts may further arise in the transaction context when the lawyer or law firm drafts a particular arrangement for one client and for another client attacks the propriety of a similar arrangement.
Tangled Loyalties
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Author : Susan P. Shapiro
language : en
Publisher: University of Michigan Press
Release Date : 2002
Tangled Loyalties written by Susan P. Shapiro and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
An empirical study of how conflicts of interest arise in the private practice of law and how law firms respond
Legal Doubletalk And The Concern With Positional Conflicts
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Author : Helen A. Anderson
language : en
Publisher:
Release Date : 2011
Legal Doubletalk And The Concern With Positional Conflicts written by Helen A. Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called "positional conflicts," analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify arguments has been overcome. In fact, a rule against positional conflicts only increases lawyers' incentives to modify or drop arguments for the less-favored client. Thus, there should be no ethical prohibition against positional conflicts. On the other hand, a positional conflict may create credibility problems, despite the widely held professional ideals of independence and detachment. The positional conflict debate exposes fundamental ambivalence about lawyer sincerity, loyalty and independence. Eliminating a rule against positional conflicts will to some extent mitigate those credibility problems, but not entirely.
Conflict Of Interest In The Professions
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Author : Michael Davis
language : en
Publisher: Oxford University Press
Release Date : 2001-11-01
Conflict Of Interest In The Professions written by Michael Davis 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 2001-11-01 with Philosophy categories.
The notion of conflict of interest is more relevant today than ever. Ethical sensitivities about the relationship between professionals and those they serve is a source of constant debate. This book sets a new standard for work on this perennial topic, collecting a set of practical essays by top applied ethicists on a wide variety of professions and occupations. Some conflicts of interest arise because a profession takes on many roles while serving one goal; others take on one role but serve multiple goals. Some conflicts are internal to the profession; others (such as family or business connections) are external. The essays in this volume address such diverse conflicts in a comprehensive way, in an attempt to make useful comparisons across professions. Containing fifteen original chapters by noted scholars of applied ethics, this volume systematically explores professions including law, medicine, journalism, engineering, financial services, anthropology, film, physical therapy, and literary criticism. An introductory chapter surveys and contextualizes work on the topic, while the concluding chapter offers us a new way to compare conflicts of interest across professions and occupations. Conflict of Interest in the Professions will be of great practical interest to scholars of applied ethics and law, as well as to professionals in the fields discussed
Annotated Model Rules Of Professional Conduct
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Author :
language : en
Publisher: American Bar Association
Release Date : 2003
Annotated Model Rules Of Professional Conduct written by 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 2003 with Law categories.
This definitive resource for information about lawyer ethics has been updated and expanded to include all the amendments the ABA made to the Model Rules in 2002.
Conflicts Of Interest
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Author : Don A. Moore
language : en
Publisher: Cambridge University Press
Release Date : 2010-06-10
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 2010-06-10 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.
Positional Realism
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Author : Wei Song
language : en
Publisher: Springer Nature
Release Date : 2022-11-30
Positional Realism written by Wei Song and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-30 with Political Science categories.
This book adopts the rationalist research path to bring forward an innovative theory of foreign policy, and the central question is: How can we define the overall national interests of great powers appropriately and thus help states make consistent and rational grand strategies? The answer can't be found among existing Foreign Policy Analysis and other theoretical research. In this book, Positional Realism is proposed as a new theory to define the overall national interests from the power position and order position perspectives and specify the four kinds of positional interests of hegemonic states, contending states, potential contending states, and non-contending states. Different great powers have different positional power and order objectives. Based on these positional interests, Positional Realism brings different foreign policy hypotheses and suggestions. The book also examines the six great powers in the nineteenth century to verify these hypotheses and finds that Positional Realism can not only convincingly explain the success or failure of their acts, but also give useful and important directions for strategy making of great powers.
The Law Of Lawyering
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Author : Geoffrey C. Hazard
language : en
Publisher: Wolters Kluwer
Release Date : 2001
The Law Of Lawyering written by Geoffrey C. Hazard and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Lawyers categories.
Examples Explanations For Professional Responsibility
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Author : W. Bradley Wendel
language : en
Publisher: Aspen Publishing
Release Date : 2024-01-19
Examples Explanations For Professional Responsibility written by W. Bradley Wendel and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-19 with Law categories.
The Seventh Edition of Examples & Explanations for Professional Responsibility is a thorough and comprehensive text that can be used by students as a study aid and by professional responsibility teachers as a class text. It covers the whole field of professional responsibility, focusing not only on the ABA Model Rules, but on the often-complex relationship between the rules and doctrines of agency, tort, contract, evidence, and constitutional law. Beginning with the formation of the attorney-client relationship, the book proceeds through topics including attorneys’ fees, malpractice and ineffective assistance of counsel, confidentiality and privilege rules, conflicts of interest, witness perjury and litigation misconduct, advertising and solicitation, admission to practice, and the organization of the legal profession. Coverage includes all subjects that are tested on the Multistate Professional Responsibility Exam (MPRE), including judicial ethics, a subject tested on the MPRE and not often covered thoroughly, if at all, in law school professional responsibility courses; the ABA's simplification of the rules on advertising and solicitation; Model Rule 8.4(g) on discrimination in the practice of law; the California Supreme Court's Sheppard Mullin opinion on advance waivers of conflicts, and continuing developments in the impact of technology on the practice of law. New to the Seventh Edition: Expanded coverage of developments in the law having to do with lawyering, including ABA rules, ethics opinions, and cases New and revised examples and explanations in many chapters Top-to-bottom comprehensive revision and updates of all areas of professional responsibility, with attention to areas that are particularly challenging for students (as well as many practicing lawyers!), such as conflicts of interest and privilege and confidentiality Professors and students will benefit from: A study aid that, without "teaching to the test," provides students with thorough preparation for the MPRE, which is the first licensing exam that many law students take MPRE-style multiple-choice questions in the Examples The depth and sophistication of the coverage
Conflict Of Interest
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Author : Sandra Williams
language : en
Publisher: Gower Publishing Company, Limited
Release Date : 1985
Conflict Of Interest written by Sandra Williams and has been published by Gower Publishing Company, Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.