Ethics of the Legal Profession.

Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Foreword -- Acknowledgments -- Table of Contents -- Table of Abbreviations -- 1 A Crisis in Legal Ethics -- Excess of lawyers -- Greater consciousness -- Governments' intervention -- Business v profession -- The English position -- Canada -- The United States of America -- How the Third World copes with the crisis -- Concluding remarks -- 2 The Law - A Business Rather than a Profession? -- Introduction -- Law firms -- Novel business ways of delivery -- For-profit plans -- Prepaid legal plans -- Permissibility of these plans -- Canadian plans -- Position in the Caribbean -- England and Wales -- Conclusion -- 3 Access to Justice -- Fundamental obstacle -- Constitutional development -- The world economic order changes -- The effect of the legislative changes -- What changes have taken place with legal aid overseas? -- How lack of resources obstructs -- Fee structure -- Contingency fees -- Canadian courts lead the way -- What are the arguments in favour of contingency fees? -- The future of access to justice in the case of hard-pressed governments -- Concluding comments -- 4 Immunity from Suit -- Rondel v Worsley -- Saif Ali v Mitchell -- Irony in the history of immunity from suit -- Hall v Simons -- Concluding comments with special reference to the application of Hall v Simons to developing countries -- 5 Professional Responsibility of Lawyers -- Introductory remarks -- Basis of contractual liability -- Concurrent liability in contract and tort -- The impulse to do practical justice in lawyers' liability -- Breaches of trust -- How duties of a solicitor are to be carried out -- Remoteness and foreseeability -- Further relations between lawyer and client -- Identity of the client -- Concluding summary -- 6 Wasted Costs -- Is the wasted costs jurisdiction justifiable or practicable?.

Basis of jurisdiction -- Further case law on the subject in England, New Zealand and Canada -- Conclusion -- 7 Confidentiality and Legal Professional Privilege -- (A) Confidentiality in general -- (B) Legal professional privilege -- (C) Concluding summary: application of the rules to developing countries -- 8 Conflicts of Interest and Chinese Walls -- The history and background -- The nature of the interest -- Scope of this review -- Concluding remarks, with special reference to conflict in Third World countries -- 9 Self-Regulation and Discipline in the Profession -- Introductory remarks -- Part I - self-regulation -- Part II - discipline -- Part III - judicial codes -- Concluding summary -- 10 Ethics of the Criminal Process -- Respective functions of prosecutor and defence counsel -- When may defence counsel withdraw his services? -- Duty of confidentiality -- Does counsel deliver justice? -- The ethics of the English system -- The position overseas -- How do the ethics of the defence attorney stand in newly-independent countries? -- The prosecution -- Functions of prosecutors -- Who prosecutes? To whom responsible? -- The fairness of the trial -- Police powers vis-à-vis suspects and persons charged -- Negotiated justice -- The jury -- Concluding comments -- 11 Alternative Dispute Resolution -- Current thinking on the subject -- The position in England: are lawyers being converted? -- ADR in developed countries: -- Newly-independent and overseas dependent territories -- The lawyer as mediator -- Online dispute resolution (ODR) -- Privilege and ADR -- Alternative avenues of help in the UK -- Small claims and short process tribunals -- Conclusion -- 12 Epilogue -- Bibliography -- Index.

This book makes a special contribution to the literature in this area by providing a comparative study of the prevailing efforts to enhance ethical standards in a profession, which is potentially in crisis and under much public scrutiny.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.