Ethics of the legal profession : a new order / / Sir Fred Phillips

• Record Nr.: UNINA9910822516003321
• Autore: Phillips Fred, Sir, <1918, >
• Pubbl/distr/stampa: London ; ; New York : , : Routledge, , 2012
• ISBN: 1-84314-818-8; 1-135-32832-3; 1-135-32831-5
• Descrizione fisica: 1 online resource (202 p.)
• Disciplina: 174.309729
• Soggetti: Legal ethics
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: First published in 2004 by Cavendish Publishing Limited.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: 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 WalesConclusion; 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 countries5 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 CanadaConclusion; 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 codesConcluding 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