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Ethics of the Legal Profession.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
[Place of publication not identified] :
Taylor and Francis Ltd,
2016.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover
- Half Title
- Title Page
- Copyright Page
- Dedication
- Foreword
- Acknowledgments
- Table of Contents
- Table of Abbreviations
- 1 A Crisis in Legal Ethics
- Excess of lawyers
- Greater consciousness
- Governments' intervention
- Business v profession
- The English position
- Canada
- The United States of America
- How the Third World copes with the crisis
- Concluding remarks
- 2 The Law
- A Business Rather than a Profession?
- Introduction
- Law firms
- Novel business ways of delivery
- For-profit plans
- Prepaid legal plans
- Permissibility of these plans
- Canadian plans
- Position in the Caribbean
- England and Wales
- Conclusion
- 3 Access to Justice
- Fundamental obstacle
- Constitutional development
- The world economic order changes
- The effect of the legislative changes
- What changes have taken place with legal aid overseas?
- How lack of resources obstructs
- Fee structure
- Contingency fees
- Canadian courts lead the way
- What are the arguments in favour of contingency fees?
- The future of access to justice in the case of hard-pressed governments
- Concluding comments
- 4 Immunity from Suit
- Rondel v Worsley
- Saif Ali v Mitchell
- Irony in the history of immunity from suit
- Hall v Simons
- Concluding comments with special reference to the application of Hall v Simons to developing countries
- 5 Professional Responsibility of Lawyers
- Introductory remarks
- Basis of contractual liability
- Concurrent liability in contract and tort
- The impulse to do practical justice in lawyers' liability
- Breaches of trust
- How duties of a solicitor are to be carried out
- Remoteness and foreseeability
- Further relations between lawyer and client
- Identity of the client
- Concluding summary
- 6 Wasted Costs
- Is the wasted costs jurisdiction justifiable or practicable?
- Basis of jurisdiction
- Further case law on the subject in England, New Zealand and Canada
- Conclusion
- 7 Confidentiality and Legal Professional Privilege
- (A) Confidentiality in general
- (B) Legal professional privilege
- (C) Concluding summary: application of the rules to developing countries
- 8 Conflicts of Interest and Chinese Walls
- The history and background
- The nature of the interest
- Scope of this review
- Concluding remarks, with special reference to conflict in Third World countries
- 9 Self-Regulation and Discipline in the Profession
- Introductory remarks
- Part I
- self-regulation
- Part II
- discipline
- Part III
- judicial codes
- Concluding summary
- 10 Ethics of the Criminal Process
- Respective functions of prosecutor and defence counsel
- When may defence counsel withdraw his services?
- Duty of confidentiality
- Does counsel deliver justice?
- The ethics of the English system
- The position overseas
- How do the ethics of the defence attorney stand in newly-independent countries?
- The prosecution
- Functions of prosecutors
- Who prosecutes? To whom responsible?
- The fairness of the trial
- Police powers vis-à-vis suspects and persons charged
- Negotiated justice
- The jury
- Concluding comments
- 11 Alternative Dispute Resolution
- Current thinking on the subject
- The position in England: are lawyers being converted?
- ADR in developed countries:
- Newly-independent and overseas dependent territories
- The lawyer as mediator
- Online dispute resolution (ODR)
- Privilege and ADR
- Alternative avenues of help in the UK
- Small claims and short process tribunals
- Conclusion
- 12 Epilogue
- Bibliography
- Index.