Holdings Information
Ethics and legal professionalism in Australia / Paula Baron, Lillian Corbin.
Bibliographic Record Display
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Title:Ethics and legal professionalism in Australia / Paula Baron, Lillian Corbin.
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Author/Creator:Baron, Paula, author.
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Other Contributors/Collections:Corbin, Lilian, author.
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Published/Created:South Melbourne, Victoria : Oxford University Press, 2014.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KU53.8 .B37 2014
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Legal ethics--Australia.
Legal etiquette--Australia.
Professional ethics--Australia.
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Description:xxix, 271 pages ; 25 cm
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Notes:Includes bibliographical references and index.
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ISBN:9780195576900 (paperback)
019557690X (paperback)
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Contents:Machine generated contents note: ch. 1 What Is `Lawyering'?
Introduction
1. What do we mean by `lawyering'?
2. Who are the lawyers? The diversity of the profession
2.1. diversity of the membership of the profession
2.2. diversity of organisational structures
2.3. growth of specialisation
2.4. diverse paths open to law graduates
3. profession v business debate
3.1. implications of the profession v business debate for conduct
3.2. change environment
3.2.1. Information technology
3.2.2. Corporate clients
3.2.3. Human resources
3.2.4. Marketing
3.2.5. Managerialism
Conclusion
ch. 2 Framework Of Lawyering
Introduction
1. Clarifying the terminology
2. Personality, extrinsic factors and some psychological theory
2.2. Extrinsic controls: the rules of professional responsibility and relevant legislation
2.2.1. Regulatory schemes
-a national scheme?
2.2.2. Specific legislation
3. Conceptions of lawyering
3.1. standard conception of lawyering
3.2. Alternative conceptions of lawyering
3.2.1. Responsible lawyering
3.2.2. Social justice lawyering
4. Effects of culture
Conclusion
ch. 3 Truth And Honesty
Introduction
1. Dishonesty as a matter of individual character
1.1. Conduct prior to practice
1.1.1. admissions process
1.1.2. trend toward more stringent regulation
1.2. Conduct during practice
1.2.1. Representations and actions
1.2.2. Costs and billing
1.2.3. Advertising
1.2.4. Trust accounts
1.3. Conduct outside practice
1.3.1. Criminal convictions
1.3.2. Candour
1.3.3. Other conduct
1.3.4. Trends
2. Dishonesty as a matter of systemic practices within the legal system
2.1. Honesty v zealous advocacy
2.1.1. Victory at the expense of all
2.1.2. lawyer's art?
2.2. hierarchy of honesty?
2.3. impact of systemic truth manipulation
Conclusion
ch. 4 Fidelity To The Law
Introduction
1. What do we mean by the duty to the law?
1.1. origins of the duty
2. content of the duty
2.1. duty of candour
2.1.1. criminally accused
2.1.2. Legal professional privilege
2.2. duty of integrity and professionalism
2.2.1. Avoiding sharp practice and abuse of process
2.2.2. Respecting the court
2.2.3. Maintaining civility
2.2.4. Independence
2.3. duty to educate clients
3. tension between the fundamental duties
4. Who oversees the duty?
Conclusion
ch. 5 Loyalty To The Client
Introduction
1. sources of the obligation of loyalty
1.1. retainer
1.2. fiduciary relationship
2. nature of the duty
2.1. Loyalty and conflict with the lawyer's personal interests
2.2. Loyalty and conflict with the interests of other clients
2.2.1. Concurrent conflicts
2.2.2. Successive conflicts
2.3. Informed consent and waivers
3. Identifying the client: to whom is the duty owed?
3.1. Representation and fiduciary relationships
3.2. Representing contracting parties
3.3. Loyalty and in-house lawyers
4. Loyalty and zealous advocacy
Conclusion
ch. 6 Confidentiality
Introduction
1. duty of confidentiality
1.1. Source of the duty
1.2. Rationales for the duty
1.3. Who owes the duty and to whom is the duty owed?
1.4. Confidentiality within firms
1.5. Duration of the duty
1.6. Exceptions to the duty
1.6.1. Authorised disclosure
1.6.2. Disclosure compelled by law
1.6.3. Disclosure for advice purposes
1.6.4. Disclosure relating to client admissions
1.6.5. Other challenges to confidentiality
1.7. client's redress for breach of confidence
2. Legal professional privilege
2.1. privilege and confidentiality compared
2.2. nature of the privilege
2.3. Rationale
2.4. Categories of the privilege
2.5. Establishing the privilege
2.5.1. lawyer
client relationship
2.5.2. Confidential communication
2.5.3. Dominant purpose
2.6. Search warrants
2.7. Exceptions/loss of privilege
2.7.1. Waiver
2.7.2. Illegal and improper purpose
2.7.3. Abrogation by statute
2.7.4. Where there is a criminal defendant
Conclusion
ch. 7 Competence
Introduction
1. meaning of competence
2. Competence in context
2.1. Competence in ADR procedures
2.2. Competence and specialisation
3. Remedies and sanctions for incompetence
3.1. Negligence/breach of contract
3.1.1. Vicarious liability
3.2. Breach of fiduciary duty
3.3. Disciplinary actions
3.4. Advocate's immunity
4. Causes of incompetence and strategies to improve competence
Conclusion
ch. 8 Civility And Courtesy
Introduction
1. Meanings of civility
1.1. Civility in terms of specific behaviours
2. crisis of civility?
3. need for reform
3.1. American experience
3.1.1. Standards, civility codes and educational initiatives
3.2. Australian experience
3.2.1. Examples of reported complaints
3.2.2. Incivility v freedom of expression
3.2.3. expectation of civility and courtesy
3.2.4. Social networking
Conclusion
ch. 9 Service And Access To Justice
Introduction
1. Sources of the service obligation
2. nature and extent of the service obligation
2.1. Development and maintenance of legal frameworks
2.2. Responsibility for the quality of justice that results from legal assistance
2.3. Access to justice
3. problem of inequitable access to justice
3.1. meaning of `access to justice'
3.2. Causes of inequitable or inadequate access to justice
3.2.1. Economic disadvantage
3.2.2. economics of lawyering
3.2.3. Social factors
3.2.4. influence of neo-liberalism
4. Proposed solutions
4.1. Legal aid
4.2. Community legal centres
4.3. Pro bono
4.4. Financial arrangements
4.5. Alternative dispute resolution
4.6. Reforms to legal education
4.7. Further innovations?
Conclusion.