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Vol 21 No 10 Oct/Nov 2016

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Alternative Perspectives on Lawyers and Legal Ethics: Reimagining the Profession

Edited by: Francesca Bartlett, Reid Mortensen, Kieran Tranter

ISBN13: 9780415546522
Published: August 2010
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: £90.00



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The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the last 30 years.

However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and practise, this collection seeks to disrupt this homogenising impulse and to present alternative voices by bringing together a range of international scholars writing about legal ethics and the legal profession.

The book features significant and timely contributions which take contemporary and non-mainstream perspectives on the current and future shape of the legal profession. The essays not only describe the rapidly changing profession but canvas different approaches to scholarship on the legal profession, and the collection seeks to explore a diverse and contextualised profession from a number of angles.

The chapters examine how the public sees lawyers and how lawyers see their own profession; how we practise law and how this practise shapes lawyers; how such cultural and professional practice intersects with institutional structures of the law to create certain legal outcomes; and how we regulate the legal profession to modify or institute ethical practice.

The volume provides insights into legal culture and ethics in a range of countries including Australia, Canada, England, the United States, New Zealand and Kenya, in order to make connections between countries providing valuable insights into developments in the profession at the local and global level. The book also illustrates diversity within the profession by tracing differing professional career trajectories based on raced or gendered barriers, alternative ethical strategies and the impact of organisational cultures in which lawyers practise.

Subjects:
Professional Conduct and Ethics
Contents:
1. Introduction, Francesca Bartlett, Reid Mortensen and Kieran Tranter, 2. Global Continental Shifts to a New Governance Paradigm in Lawyer Regulation and Consumer Protection: Riding the Wave, Judith L. Maute, 3. Our Common Future: The Imperative for Contextual Ethics in a Connected World, Vivien Holmes and Simon Rice, 4. The Emperor’s New Clothes: From Atticus Finch to Denny Crane, Paula Baron, 5. Doing Good by Stealth: Professional Ethics and Moral Choices in The Verdict and Regarding Henry, Rachel Spencer, 6. Solicitors as Imagined Masculine, Family Mediators as Fictive Feminine and the Hybridization of Divorce Solicitors, Lisa Webley, 7. Stein’s Ethic of Care: An Alternative Perspective to Reflections on Women Lawyering, Elizabeth Gachenga, 8. Gender, Ethics and the Discretion Not to Prosecute in the ‘Interests of Justice’ Under The Rome Statute for the International Criminal Court, Tina Dolgopol, 9. Exploring the Potential of Contextual Ethics in Mediation, Rachael Field, 10. Nefarious Conduct and the ‘Fit and Proper Person’ Test, Duncan Webb, 11. Legal Ethics and Regulatory Legitimacy: Regulating Lawyers for Personal Misconduct, Alice Woolley, 12. The Problem of Mental Ill-Health in the Profession and a Suggested Solution, Michelle Sharp