By Christine Parker
ISBN-10: 0521546648
ISBN-13: 9780521546645
Criminal ethics is frequently defined as an oxymoron or contradiction in phrases - lay humans locate the concept that a laugh and legal professionals can locate ethics most unlikely. the simplest attorneys are those that have come to grips with their very own values and actively search to enhance their moral preparation. This e-book is designed to aid legislations scholars and new attorneys comprehend and adjust their very own moral priorities, not only simply because this data makes it more uncomplicated to instruction legislations and earn an source of revenue, yet simply because self-aware, moral criminal perform is true and feels greater than anything. choked with case experiences of moral scandals and dilemmas from genuine lifestyles felony perform in Australia, each one bankruptcy delves into the main tricky concerns legal professionals face. From attorneys' half in company fraud to the ethics of time-based billing, Parker and Evans reveal the values that underlie present perform and set out the choices moral attorneys may possibly stick with.
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Extra resources for Inside Lawyers' Ethics
Example text
The ethics of care is discussed in the following section. It finds its inspiration in theories of virtue ethics and a broader literature on the ethics of care. Moral activism, by contrast, requires that mainstream consequentialist and, to a lesser extent, deontological theories of ethics, and of justice in particular, should be applied to legal practice. Moral activism argues that lawyers should do good according to general theories of ethics, whichever theory the individual lawyer finds attractive.
What does it mean in this situation? ● ● ● ● What is feasible in the current situation? What practical alternatives are available to me? What are likely to be the consequences of different alternatives? What personal and systemic or organisational resources would I need to access in order to do the right thing (eg legal restraint, clout, independence, collegial support, an ethics policy, character, will)? What skills would I need to put it into practice (eg negotiation and communication skills, moral courage)?
8 Gordon, ‘Corporate Law Practice’, 277. 9 This phrase was used by compliance counsel for an insurance company in an interview with one of the authors (Sydney, 7 January 1997). See generally Christine Parker, The Open Corporation: Effective SelfRegulation and Democracy (Cambridge University Press, Cambridge, 2002). ALTERNATIVES TO ADVERSARIAL ADVOCACY 27 customers about their services. He described his role in a way consonant with the responsible lawyer approach: You need a fair and just outlook in how a business should be operated .