Difference between revisions of "Legal ethics" - New World Encyclopedia
| Line 1: | Line 1: | ||
{{claimed}} | {{claimed}} | ||
{{Ethics}} | {{Ethics}} | ||
| − | '''Legal ethics''' is a branch of applied ethics, having to do with | + | '''Legal ethics''' is a branch of applied ethics, having to do with the study and application of what is right and wrong, good and bad in the [[practice of law]]. |
| − | In many places, lawyers are bound by an ethical code that is enforced either by a high court (such as [[State supreme court]]s in some American states) or by self-governing [[bar association]]s, which have the authority to discipline (up to and including [[disbarment]]) members who engage in unethical professional behavior. | + | In many places, lawyers are bound by an ethical code that is enforced either by a high court (such as [[State supreme court]]s in some American states) or by self-governing [[bar association]]s, which have the authority to discipline (up to and including [[disbarment]]) members who engage in unethical professional behavior. American [[law school]]s are required to offer a course in [[professional responsibility]], which encompasses both legal ethics and matters of professionalism that do not present ethical concerns. |
| − | While legal codes of ethics differ from place to place, they tend to have some common statutes governing things | + | While legal codes of ethics differ from place to place, they tend to have some common statutes governing things such as conflicts of interest, incompetence, bribery, coercion, communications with jurors, coaching witnesses, and so on. |
| − | Every U.S. state has a regulatory body (usually called a state bar association) that polices lawyer conduct. When lawyers are licensed to practice in a state, they subject themselves to this authority, which in turn is generally overseen by the state courts. The state bar associations adopt a set of | + | Every U.S. state has a regulatory body (usually called a state bar association) that polices lawyer conduct. When lawyers are licensed to practice in a state, they subject themselves to this authority, which in turn is generally overseen by the state courts. The state bar associations adopt a set of rules that specify the enforceable ethical duties that a lawyer owes to clients, the courts, and the profession. As of 2007, 47 states have adopted a version of the American Bar Association's Model Rules of Professional Conduct[http://www.abanet.org/cpr/mrpc/model_rules.html]. One state, New York, has a version of the ABA's older ethical model, the Model Code of Professional Responsibility. California and Maine are the only states that have not adopted either—instead these states have composed their own rules[http://calbar.ca.gov/state/calbar/calbar_extend.jsp?cid=10158]. |
==References== | ==References== | ||
| − | *''No Contest: Corporate Lawyers and the Perversion of Justice in America'', | + | *Carle, Susan D., Ed., ''Lawyers' Ethics and the Pursuit of Social Justice: A Critical Reader'', New York & London: New York University Press, 2005. ISBN 0814716393 (cloth; alk. paper) ISBN 9780814716397 (cloth; alk. paper) ISBN 0814716407 (pbk.; alk. paper) ISBN 9780814716403 (pbk.; alk. paper) |
| + | *Gerson, Allan, Ed., ''Lawyers' Ethics: Contemporary Dilemmas'', New Brunswick, NJ & London, UK: Transaction Books, 1980. ISBN 0878552936 | ||
| + | *Kaufman, Andrew L., ''Problems in Professional Responsibility,'' Law School Casebook Series, Boston & Toronto: Little, Brown and Company, 1976. | ||
| + | *Kronman, Anthony T., ''The Lost Lawyer: Falling Ideals of the Legal Profession'', Cambridge MA & London, UK: Harvard University Press, 1993. ISBN 0674539265 (cloth) ISBN 0674539273 (pbk.) | ||
| + | *Linowitz, Sol M., with Martin Mayer, ''The Betrayed Profession: Lawyering at the End of the Twentieth Century'', Baltimore & London: The Johns Hopkins University Press, 1994. ISBN 080185329X (pbk.) | ||
| + | *Nader, Ralph, and Wesley J. Smith, ''No Contest: Corporate Lawyers and the Perversion of Justice in America'', ISBN 0-375-75258-7 | ||
*''California Rules of Professional Conduct'', published by the Office of Professional Competence, Planning & Development of the State Bar of California.[http://www.calbar.ca.gov/calbar/pdfs/ethics/2007_Rules-Prof-Conduct.pdf] | *''California Rules of Professional Conduct'', published by the Office of Professional Competence, Planning & Development of the State Bar of California.[http://www.calbar.ca.gov/calbar/pdfs/ethics/2007_Rules-Prof-Conduct.pdf] | ||
| − | |||
| − | |||
| − | |||
==External links== | ==External links== | ||
Revision as of 00:08, 24 November 2007
| Ethics |
| Theoretical |
|
Meta-ethics |
| Applied |
|
Medical ethics / Bioethics |
| Core issues |
|
Justice / Value |
| Key thinkers |
|
Aristotle / Confucius |
Legal ethics is a branch of applied ethics, having to do with the study and application of what is right and wrong, good and bad in the practice of law.
In many places, lawyers are bound by an ethical code that is enforced either by a high court (such as State supreme courts in some American states) or by self-governing bar associations, which have the authority to discipline (up to and including disbarment) members who engage in unethical professional behavior. American law schools are required to offer a course in professional responsibility, which encompasses both legal ethics and matters of professionalism that do not present ethical concerns.
While legal codes of ethics differ from place to place, they tend to have some common statutes governing things such as conflicts of interest, incompetence, bribery, coercion, communications with jurors, coaching witnesses, and so on.
Every U.S. state has a regulatory body (usually called a state bar association) that polices lawyer conduct. When lawyers are licensed to practice in a state, they subject themselves to this authority, which in turn is generally overseen by the state courts. The state bar associations adopt a set of rules that specify the enforceable ethical duties that a lawyer owes to clients, the courts, and the profession. As of 2007, 47 states have adopted a version of the American Bar Association's Model Rules of Professional Conduct[1]. One state, New York, has a version of the ABA's older ethical model, the Model Code of Professional Responsibility. California and Maine are the only states that have not adopted either—instead these states have composed their own rules[2].
ReferencesISBN links support NWE through referral fees
- Carle, Susan D., Ed., Lawyers' Ethics and the Pursuit of Social Justice: A Critical Reader, New York & London: New York University Press, 2005. ISBN 0814716393 (cloth; alk. paper) ISBN 9780814716397 (cloth; alk. paper) ISBN 0814716407 (pbk.; alk. paper) ISBN 9780814716403 (pbk.; alk. paper)
- Gerson, Allan, Ed., Lawyers' Ethics: Contemporary Dilemmas, New Brunswick, NJ & London, UK: Transaction Books, 1980. ISBN 0878552936
- Kaufman, Andrew L., Problems in Professional Responsibility, Law School Casebook Series, Boston & Toronto: Little, Brown and Company, 1976.
- Kronman, Anthony T., The Lost Lawyer: Falling Ideals of the Legal Profession, Cambridge MA & London, UK: Harvard University Press, 1993. ISBN 0674539265 (cloth) ISBN 0674539273 (pbk.)
- Linowitz, Sol M., with Martin Mayer, The Betrayed Profession: Lawyering at the End of the Twentieth Century, Baltimore & London: The Johns Hopkins University Press, 1994. ISBN 080185329X (pbk.)
- Nader, Ralph, and Wesley J. Smith, No Contest: Corporate Lawyers and the Perversion of Justice in America, ISBN 0-375-75258-7
- California Rules of Professional Conduct, published by the Office of Professional Competence, Planning & Development of the State Bar of California.[3]
External links
- State Bar of California Professional Responsibility (Legal Ethics)
- New York Professional Responsibility Report (NYPRR)
- LII Law about... Professional Responsibility (Legal Ethics)
- The Legal Information Institute at Cornell University (U.S.)
Credits
New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:
The history of this article since it was imported to New World Encyclopedia:
Note: Some restrictions may apply to use of individual images which are separately licensed.
