Download e-book for kindle: Assessing Lawyers' Ethics: A Practitioners' Guide by Adrian Evans

By Adrian Evans

ISBN-10: 051191010X

ISBN-13: 9780511910104

ISBN-10: 052176422X

ISBN-13: 9780521764223

Criminal practitioners function in an atmosphere of probably never-ending moral demanding situations, and opposed to a backdrop of diminishing public opinion approximately their morality. according to large learn, Assessing legal professionals' Ethics argues that legal professionals' person ethics could be assessed and measured in real looking frameworks. while this overview happens, felony practitioners usually tend to show greater moral behaviour due to their elevated understanding in their personal offerings. This booklet advocates quite a few peer-administered trying out mechanisms that experience the capability to opposite destructive behaviours in the criminal occupation. It offers prototype recommendations, questions and tests that may be changed to fit varied felony cultures. those may also help the career regain the initiative in moral enterprise perform, halt the decline in companies' reputations and decrease the danger of state-sponsored regulatory intervention.

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Copy on file with the author. 24 ASSESSING LAWYERS’ ETHICS with fewer financial implications than arise for most other areas of law. In fact, case experience to date seems to beg the question as to whether hard ethics questions are asked at all when the financial stakes for some lawyers and law firms are high enough. If those questions are asked, individual lawyers’ responses are generally opaque to outside scrutiny because there is rarely a trial process to expose bad policy or bad decisions to journalists’ questions.

39 ibid, p 25. 40 There is no real sign that the business or professional reaction to the Enron phenomenon has produced a lasting improvement in US corporate ethics. Bethany McLean, co-author of a book outlining the current state of that ethical culture (Bethany McLean and Peter Elkind, The Smartest Guys in the Room, New York, Fortune (2003)), considers that, despite Sarbanes–Oxley compliance agendas, examples of further companies seeking to ‘. . not violat[e] the letter of the law, but violat[e] the spirit,’ remain common.

These three later suffered professional excommunication for a strategy that involved an oppressive investigation of everything and anything about the judge herself that might indicate a flaw in her character or approach to decision making (or that of those surrounding her within the court) and which might allow the earlier adverse decisions to be reopened and overturned. While one of the three (Curry) was quite corrupt, the older two were not na¨ıve, had no disciplinary histories and no obvious reason to engage in conduct that they must have realised was perilous.

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Assessing Lawyers' Ethics: A Practitioners' Guide by Adrian Evans

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