Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural manoeuvres that defeat substantive rights? This book looks at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with experience in practice, charges that the profession's standard approach to these questions is ...
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Should a lawyer keep a client's secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural manoeuvres that defeat substantive rights? This book looks at these and other traditional questions about the ethics of lawyering. William Simon, a legal theorist with experience in practice, charges that the profession's standard approach to these questions is incoherent and implausible. At the same time, Simon refects the ethical approaches most frequently purposed by the professions critics. The problem, he insists, does not lie with the profession's commitment to legal values over those of ordinary morality, nor does it arise from the adversary system. Rather, Simon shows that the critical weakness of the standard aproach is its reliance on a distinctive style of judgment - categorical, rule-bound, rigid - that is both ethically unattractive and rejected by most modern legal thought outside the realm of legal ethics. He develops an alternative approach based on a different, more contextual style of judgment widely accepted in other areas of legal thought. The author uses discussions of actual cases, including the Lincoln Savings and Loan scandal and the Leo Frank murder trial, as well as fictional accounts of lawyering, including Kafka's "The Trial" and the movie "The Verdict".
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Add this copy of The Practice of Justice: a Theory of Lawyers' Ethics to cart. $16.75, good condition, Sold by LINCBOOK rated 4.0 out of 5 stars, ships from Foster, RI, UNITED STATES, published 1998 by Harvard University Press.
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Harvard University Press, 1998. Good, Hardcover, Octavo, 253. Scattered red ink underlining and yellow highlighting in first half of book. Ink notes on front endpapers. All else clean, tight, in dust jacket. Packed and shipped with care.
Add this copy of The Practice of Justice: a Theory of Lawyers' Ethics to cart. $19.27, very good condition, Sold by HPB-Diamond rated 4.0 out of 5 stars, ships from Dallas, TX, UNITED STATES, published 1998 by Harvard University Press.
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Add this copy of 1998 Hc the Practice of Justice: a Theory of Lawyers' to cart. $29.94, very good condition, Sold by Miki Store rated 4.0 out of 5 stars, ships from SAN JOSE, CA, UNITED STATES, published 1998 by Harvard University Press.
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Add this copy of The Practice of Justice: a Theory of Lawyers' Ethics to cart. $89.05, new condition, Sold by GridFreed rated 4.0 out of 5 stars, ships from North Las Vegas, NV, UNITED STATES, published 1998 by Harvard University Press.
Add this copy of The Practice of Justice. a Theory of Lawyers' Ethics to cart. $37.25, very good condition, Sold by Linda K. Montemaggi, ships from New York, NY, UNITED STATES, published 1998 by Harvard Univ Press.
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very good+ copy in mildly edge-curled dj. viii, [2], 253pp biblio notes, index. "Original and unconventional, Simon's work challenges almost all of the prevailing orthodoxies of legal ethics. " (dj review)