المساعد الشخصي الرقمي

مشاهدة النسخة كاملة : Legal Ethics and Legal Practice: Contemporary Issues



Hosam Hawamdeh
02-06-2010, 05:10 AM
Edited by
STEPHEN PARKER
and
CHARLES SAMPFORD

CLARENDON PRESS OXFORD

=======================





Contents

List of Contributors vii (http://www.questia.com/read/26355000)
Table of Cases ix (http://www.questia.com/read/26355008)
Table of Statutes xi (http://www.questia.com/read/26355013)
Introduction: Stephen Parker 1 (http://www.questia.com/read/26355018)
Part One
Collective and Individual Responsibilities of Lawyers 9 (http://www.questia.com/read/26355041)
1. Legal Regulation, Ethical Standard-Setting,
and Institutional Design 11 (http://www.questia.com/read/26355045)
CHARLES SAMPFORD with CHRISTINE PARKER
2. Portia Redux: Another Look at Gender, Feminism,
and Legal Ethics 25 (http://www.questia.com/read/26355109)
CARRIE MENKEL-MEADOW
3. Ethics and Large Law Firms 57 (http://www.questia.com/read/26355205)
ELIZABETH NOSWORTHY
4. Change, Responsibility, and the Legal Profession 73 (http://www.questia.com/read/26355246)
STEPHEN PARKER
Part Two
Ethical Issues in the Practice of Law 87 (http://www.questia.com/read/26355270)
5. Speculating on Justice: The Ethics and Jurisprudence
of Contingency Fees 89 (http://www.questia.com/read/26355274)
DAVID LUBAN
6. Some Proposed Changes in Civil Procedure:
Their Practical Benefits and Ethical Rationale 127 (http://www.questia.com/read/26355332)
G. L. DAVIES and SALLY A. SHELDON
7. Family Lawyering and Legal Ethics 145 (http://www.questia.com/read/26355350)
RICHARD H. S. TUR
8. Prosecutorial Ethics 171 (http://www.questia.com/read/26355376)
KEN CRISPIN QC















Introduction
STEPHEN PARKER
The essays in this book form part of a project on legal ethics being carried
out within the Faculty of Law at Griffith University, 1 (http://www.questia.com/reader/action/next/26355014#1) funded partly by the
Australian Research Council and partly by the Queensland Law Society's
Grants Committee. 2 (http://www.questia.com/reader/action/next/26355014#2) The project as a whole involves an examination of
legal ethics in Australia, the United Kingdom and the United States. The
examination has been by way of (1) empirical research into the ethical
problems that modern practitioners say most trouble them in contempor-
ary practice; (2) focus group discussion on the case studies extracted from
that research; and (3) scholarly writing and reflection.
Lawyers in common law systems today sense that they are the subjects
of unprecedented investigation, criticism and attack. 3 (http://www.questia.com/reader/action/next/26355014#3) This concerns many
of them, for a range of reasons. Apart from the obvious fear for their
livelihood and status in the community, many lawyers today share some of
the public's unease but suspect that the problems are easier to state than
to remedy. In the search for immediate changes that might placate eco-
nomic deregulators, the press, and politicians, they know that there is a
danger of jettisoning something enduring about the practice of law which
is of great worth in modern liberal democracies. Core political and social
values, such as the rule of law, access to justice, and the protection of
individual rights from the state and other powerful groups may be at
stake.
And yet, when defence of the status quo is couched in these terms it
begins to sound hollow, partly because of the increasing change and di-
versity in the practice of law itself. Solicitors practise in a wide range of
business forms; from the suburban sole practitioner, who deals in private
____________________

1 The research has been conducted by the Faculty's National Institute for Law, Ethics and
Public Affairs under the direction, at different stages, of Professor Charles Sampford, Mr
Richard Tur and Professor Stephen Parker. The two sources of funds, totalling $A105,000,
were brought together under an Australian Research Council Collaborative Grant awarded
to Professor Sampford, Mr Tur, and Dr David Dowd. 2 The essays by Sampford and Parker were presented at the annual conference of the
Queensland Bar Association at Noosa, Queensland in May 1993. The remaining essays were
presented at workshops at Griffith University in August 1993. They have been revised as a
result of the discussion at those workshops. Thanks are owed to the participants, naturally,
and to Debra Lamb for the time and effort she put into making the workshops a success. The
Faculty of Law at Griffith University is particularly grateful for the support of the Queensland
Law Society. 3










disputes and residential property matters, to the partner in a modern
mega-firm, whose clients are all large corporations and who often works
with a team of other lawyers and professionals. Similarly, the work of
barristers in Australia and England ranges from acting for individuals in
trouble in magistrates and district courts, to acting for large organizations
on complex taxation or company law matters. Aside from the private
profession, lawyers are employees of governments and businesses. They
work in community legal centres, public defenders' offices, legal aid au-
thorities, and so on. With the likely take-off of multi-disciplinary practices
in England and Australia, it will soon be common to see lawyers working
as equity partners with accountants and other professionals. Furthermore,
although it is not something to be overstated, the social make-up of legal
professions in the western world seems to be less and less homogeneous
in terms of gender, class, and ethnicity.
One assumes that this growing diversity of business organization and
social make-up is a long-term strength for the profession, but it adds
complexity to debates about lawyers' ethics and culture. It makes it harder
to identify what is truly fundamental about being a lawyer, and it makes
certain forms of defence against change look rather thin. Is it really to be
believed, for example, that the activities of, and fees charged by, high
street conveyancers are necessary incidents of the rule of law? Do family
lawyers and personal injuries practitioners really have to take an aggres-
sive, adversarial stance in order to vindicate the rights of the individual?
What is more, the diversity in the legal profession can bring with it a
diversity of outlook amongst lawyers themselves. Many of the essays in this
book, which question or probe the status quo, are written by people who
are or were practitioners of law. Earlier versions of the essays have been
received sympathetically by members of the practising community. More
importantly, many of the initiatives which are being debated within pro-
fessional bodies -- to reform adversarial rules of procedure, to introduce
mediation alternatives, and to curb systemic biases -- have emanated from
the ranks of practitioners.
The editors hope that this collection of essays is a useful contribution
to the discussion. Clearly, a set of ten essays cannot reflect all the issues.
Nevertheless, in the pages that follow will be found a broad range of
arguments which are at least representative of a larger debate. The au-
thors come from England, Australia, and the United States and the papers
have been chosen so that, even if they dwell upon the law or procedure
of a particular jurisdiction, they do so in a way that is of interest to other
jurisdictions. The authors are variously legal academics, philosophers,
solicitors, barristers, researchers, and a judge. We hope that what they
have to say will be of interest to other lawyers, to the legal academy, and
to reformers in common law systems.





to continue reading click here
(http://www.questia.com/read/26354992?title=Legal%20Ethics%20and%20Legal%20Prac tice%3a%20Contemporary%20Issues) This is a theme developed by Parker in Ch. 4.
(http://www.questia.com/read/26354992?title=Legal%20Ethics%20and%20Legal%20Prac tice%3a%20Contemporary%20Issues) (http://www.questia.com/read/26354992?title=Legal%20Ethics%20and%20Legal%20Prac tice%3a%20Contemporary%20Issues)