Reaffirming Legal Ethics
Taking Stock and New Ideas
Routledge – 2010 – 230 pages
It has been over thirty years since the founding crises that birthed legal ethics as both a field of study and a discrete field of law. In that time thinking about the ethical dimension of legal practice has taken several turns: from justifications of zealous advocacy, to questions of process and connections to specifically legal values, to more recently consideration of legal conduct as part of a wider field of virtue. Parallel to this dynamism of thought, there has also been significant changes in how legal professions, especially within those that possess a common law heritage, have been regulated and the values and conceptions of legitimate conduct that has informed this regulation.
This volume represents an opportunity for a comprehensive review of legal ethics as an international movement. Contributors include many of the key participants to the legal ethics field from the United States, United Kingdom, Canada, Australia, New Zealand and South Africa, including David Luban and Deborah Rhode, as well as many of the recognised emerging thinkers.
The theme of the book is taking stock of the last thirty years of legal ethics practice and scholarship and also a forum for new ideas and new thinking regarding the conduct of lawyers and the moral and social responsibility of the legal profession. The contributions also consider the topic of dynamism. Over the last decade significant developments in both the expectations of professional conduct and the regulation of the profession has been experienced in all jurisdictions, which has seen traditional, and once sacred, conceptions of lawyering challenged and re-evaluated. The contributors also look at the theme of affirmation. Within an increasingly complex environment of change and dynamism, this volume reaffirms that there is value within the field of legal ethics. That is the project of reflecting on the unique ethical and conduct requirements of lawyering can not be submerged into a broader field of applied philosophy, management or regulatory studies. While this volume does not deny the opportunities that exist for interdisciplinary engagement with philosophy, social science or politics, it affirms legal ethics as a legitimate and highly relevant field of inquiry.
1. Introduction, Kieran Tranter, Francesca Bartlett, Lillian Corbin, Reid Mortensen and Mike Robertson 2. The Philosophical Foundations of Legal Ethics: A Roundtable Moderator Christine Parker 3. Personal Integrity and Professional Ethics, Deborah L. Rhode 4. Legal Advising and the Rule of Law, W. Bradley Wendel 5. Tales of Terror: Lessons for Lawyers from the ‘War on Terrorism’ David Luban 6. Legal Ethics in a Post-Westphalian World: Building the International Rule of Law and Other Tasks, Charles Sampford 7. An Opportunity for the Ethical Maturation of the Law Firm: The Ethical Implications of Incorporated and Listed Law Firms, Christine Parker 8. Carnegie’s Missing Step: Prescribing Lawyer Retraining, Lawrence K. Hellman 9. Professionalism and Pro Bono Public, Lorne Sossin 10. The Psychology of Good Character: The Past, Present and Future of Good Character Regulation in Canada, Alice Woolley and Jocelyn Stacey 11. The ‘Self-Regulation’ Misnomer, Fred C. Zacharias 12. Why Good Intentions are Often not Enough: The Potential for Ethical Blindness in Legal Decision-Making, Kath Hall
Kieran Tranter is a Senior Lecturer and Managing Editor of the Griffith Law Review at Griffith University, Australia.
Francesca Bartlett is a Lecturer at the TC Beirne School of Law, University of Queensland, Australia.
Lillian Corbin is a Senior Lecturer and Acting-Head of School at Griffith University, Australia.
Professor Reid Mortensen is Professor of Law at the University of Southern Queensland, Australia.
Professor Michael Robertson is Professor and Head of the Law School at the University of Southern Queensland, Australia.