By Deborah L. Rhode
Attorneys' ethics were condemned for hundreds of years, yet they obtained little scholarly scrutiny until eventually the previous couple of many years. Ethics in perform brings jointly best specialists within the rising box of criminal ethics to debate the imperative dilemmas of practising legislations. This assortment cuts throughout traditional disciplinary limitations to handle the jobs, tasks, and law of latest attorneys. participants deal with universal matters from diversified views, together with philosophy, psychology, economics, political technology, and organizational habit. themes comprise the character of professions, the constitution of perform, the limitations of an opposed approach, the attorney-client dating, the sensible worth of ethical thought, the position of race and gender, and the general public provider obligations of legal professionals and legislation scholars. specific in either its breadth and its intensity, this ebook redefines debates which are of putting up with importance for either the occupation and the general public.
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Additional info for Ethics in Practice: Lawyers' Roles, Responsibilities, and Regulation
8 Lawyers, by contrast, perform a range of different tasks—counseling clients, drafting documents for them, negotiating and litigating on their behalf, touching, in the process, on a dozen different areas of law—and move about among these tasks with a ﬂexibility unthinkable in Adam Smith’s pinmaking factory. The education that lawyers receive reﬂects this. The purpose of a legal education is not to produce experts, as many nonlawyers wrongly believe. It is to train students, as the saying goes, to think like lawyers, which means: to be attentive to the facts and to know which ones, in any given situation, are important; to be able to tell a story with the facts, to master the power of narration; to recognize what others hope to The Law as a Profession 33 achieve, even—or especially—when they have a hard time deﬁning their own ambitions; and to appreciate, empathically, a range of purposes and values and ideals wider than one’s own.
But that is too narrow a view. One becomes a professionally responsible lawyer by entering the profession, a process that includes the mastery of certain rules, but which taken as a whole is better conceived as the process of acquiring the habits of a culture. This culture provides the setting for the rules of legal ethics, and the meaning of these rules cannot be grasped, nor conﬂicts among them meaningfully argued, apart from the culture in which they are set. Every education in legal ethics must in this sense be an induction into a culture, into a distinctive way of life, into the profession of law—a concept that cannot be reduced to the rules of legal ethics, but rather is indispensable to their understanding and application.
38. ,” 55 Chicago Bar Record 31, 37 (1974). 39. ABA, Model Rules, Preamble. 24 Ethics in Practice 40. 1. 41. , “Law Practice and the Limits of Moral Philosophy,” infra. 42. See Paul Brodeur, Outrageous Misconduct: The Asbestos Industry on Trial (New York: Pantheon, 1985); Susan Perry and Jim Dawson, Nightmare: Women and the Dalkon Shield (New York: Macmillan, 1985), 208; David Margolick, “‘Tobacco’ Its Middle Name, Law Firm Thrives, for Now,” New York Times, November 20, 1992, A1; Lincoln Savings and Loan Association v.
Ethics in Practice: Lawyers' Roles, Responsibilities, and Regulation by Deborah L. Rhode