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Core Principles of the Legal Profession
CORE PRINCIPLES OF THE LEGAL PROFESSION Resolution ratified on Tuesday October 30, 2018, during the General Assembly in Porto Preamble The lawyer’s role is to counsel, conciliate, represent and defend. In a society founded on respect for the law and for justice, the lawyer advises the client on legal matters, examines the possibility and the appropriateness of finding amicable solutions or of choosing an alternative dispute resolution method, assists the client and represents the client in legal proceedings. The lawyer fulfils the lawyer’s engagement in the interest of the client while respecting the rights of the parties and the rules of the profession, and within the boundaries of the law. Over the years, each bar association has adopted its own rules of conduct, which take into account national or local traditions, procedures and laws. The lawyer should respect these rules, which, notwithstanding their details, are based on the same basic values set forth below. 1 - Independence of the lawyer and of the Bar In order to fulfil fully the lawyer’s role as the counsel and representative of the client, the lawyer must be independent and preserve his lawyer’s professional and intellectual independence with regard to the courts, public authorities, economic powers, professional colleagues and the client, as well as regarding the lawyer’s own interests. The lawyer’s independence is guaranteed by both the courts and the Bar, according to domestic or international rules. Except for instances where the law requires otherwise to ensure due process or to ensure the defense of persons of limited means, the client is free to choose the client’s lawyer and the lawyer is free to choose whether to accept a case. -
Lawyers and Their Work: an Analysis of the Legal Profession in the United States and England, by Quintin Johnstone and Dan Hopson
Indiana Law Journal Volume 43 Issue 4 Article 9 Summer 1968 Lawyers and Their Work: An Analysis of the Legal Profession in the United States and England, by Quintin Johnstone and Dan Hopson Edwin O. Smigel New York University Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Legal Profession Commons Recommended Citation Smigel, Edwin O. (1968) "Lawyers and Their Work: An Analysis of the Legal Profession in the United States and England, by Quintin Johnstone and Dan Hopson," Indiana Law Journal: Vol. 43 : Iss. 4 , Article 9. Available at: https://www.repository.law.indiana.edu/ilj/vol43/iss4/9 This Book Review is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. BOOK REVIEWS conclude with the observation that much more study and speculation on the needs and possibilities for use and development of what has been called transnational law are needed. A. A. FATouRost LAWYERS AND THEIR WORK: ANALYSIS OF THE LEGAL PROFESSION IN THE UNITED STATES AND ENGLAND. By Quintin Johnstone and Dan Hopson, Jr. Indianapolis, Kansas City, New York: Bobbs-Merrill Co. 1967. Pp. x, 604. $10.00. The task Johnstone and Hopson set for themselves is monumental. They seek to determine the goals for the legal profession; to present a picture of its work and specializations; to offer alternatives for providing legal services; and to describe the legal profession in England, primarily as a mirror which might point up the strengths and weaknesses of the American legal system. -
A PROPOSAL for the MORAL PRACTICE of LAW Kathleen S
A PROPOSAL FOR THE MORAL PRACTICE OF LAW Kathleen S. Bean* The legal community has been the recipient of numerous scholarly contributions in its search for a theory of proper moral and ethical stan- dards for the practice of law.' These explorations of moral issues in the practice of law have clarified two primary theories of moral lawyer- ing-one endorses the concept of "role m~rality"~in the practice of law; the other argues for the integration of personal morality into one's practice. Along the way, there have been illuminating discussions of rule and act utilitarianism, and deontological and teleological moral phi- losophies as applied to the practice of law, and all together this scholar- ship has generated a good collection of controversial and thought-pro- voking essays and articles. What appears to be missing thus far, however, is a philosophy for the practitioner - a philosophy that ac- commodates whatever moral theory a lawyer might adopt and which converts that theory into an instrument that can be used in practicing law on a day-to-day basis. In this paper I do not propose any new theory of professional ethics, nor do I enter the debate as to which theory of professional ethics is right for the legal profession. Instead, I propose a philosophy of practice designed to assist the moral practi- tioner to succeed in the goal of a moral practice of law, no matter what theory of professional ethics that practitioner has adopted. The discussion of this philosophy of practice should be helpful to * Associate Professor of Law, University of Louisville. -
Chapters 18 to 20 Rules Governing the Practice of Law
RULE CHANGE 2016(06) Chapters 18 to 20 Rules Governing the Practice of Law Preamble to Chapters 18 to 20 The Colorado Supreme Court has exclusive jurisdiction to regulate the practice of law in Colorado. The Court appoints an Advisory Committee, Attorney Regulation Counsel, Presiding Disciplinary Judge, Executive Director of the Colorado Lawyers Assistance Program (COLAP) and Director of the Colorado Attorney Mentoring Program (CAMP) to assist the Court. The Court also appoints numerous volunteer citizens to permanent regulatory committees and boards to assist in regulating the practice of law. The legal profession serves clients, courts and the public, and has special responsibilities for the quality of justice administered in our legal system. The Court establishes essential eligibility requirements, rules of professional conduct and other rules for the legal profession. Legal service providers must be regulated in the public interest. In regulating the practice of law in Colorado in the public interest, the Court’s objectives include: 1. Increasing public understanding of and confidence in the rule of law, the administration of justice and each individual’s legal rights and duties; 2. Ensuring compliance with essential eligibility requirements, rules of professional conduct and other rules in a manner that is fair, efficient, effective, targeted and proportionate; 3. Enhancing client protection and promoting consumer confidence through Attorney Regulation Counsel, the Attorneys Fund for Client Protection, inventory counsel services, the regulation of non-lawyers engaged in providing legal services, and other proactive programs; 4. Assisting providers of legal services in maintaining competence and professionalism through continuing legal education; Attorney Regulation Counsel professionalism, ethics and trust account schools; and other proactive programs; 5. -
Online Legal Services: the Future of the Legal Profession
Online Legal Services: The Future of the Legal Profession By: Richard S. Granat, Esq. President, DirectLaw, Inc. | Granat Legal Services, P.C. http://www.directlaw.com | www.mdfamilylawyer.com Introduction This statement discusses the delivery of online legal services over the Internet, and how rules of professional responsibility can function as a deterrent to innovation in the delivery of legal services. Certain ethical rules have the effect, in my opinion, of making legal services higher in cost than they should be, uneven in quality, and unresponsive to what the average consumer really wants. The legal profession is highly stratified, with the largest number of practitioners, who are either solo practitioners or who work in small law firms, serving consumers and small business. Our largest law firms generally serve large corporations and their interests. My experience has been primarily with solos and small law firms serving consumers and small business. I am also a solo practitioner, operating a virtual law firm in Maryland, where I am a member of the bar, from my home in Palm Beach Gardens, Florida. Thus my remarks should be understood from that perspective, although some of my analysis also applies to large law firm. ****** Background: Information Technology and the Legal Profession In general, the American Bar Association (ABA) has urged the legal community to get online. In 2000, ABA President William G. Paul established the "eLawyering Taskforce: Lawyers Serving Society through Technology" with the purpose of enabling lawyers to figure out how to deliver legal services online. At the time, President Paul observed that many industries were being transformed by the Internet and that consumers were conducting transactions online in such industries as the travel industry, the brokerage industry, the insurance industry, and the banking industry. -
Three Views of the Academy: Legal Education and the Legal Profession in Transition
Tulsa Law Review Volume 51 Issue 2 Spring 2016 Three Views of the Academy: Legal Education and the Legal Profession in Transition Barbara Glesner Fines University of Missouri Kansas City School of Law Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Barbara G. Fines, Three Views of the Academy: Legal Education and the Legal Profession in Transition, 51 Tulsa L. Rev. 487 (2016). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol51/iss2/22 This Book Review is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Fines: Three Views of the Academy: Legal Education and the Legal Profess GLESNER FINES_3.1.16 (DO NOT DELETE) 3/7/2016 11:18 PM THREE VIEWS OF THE ACADEMY: LEGAL EDUCATION AND THE LEGAL PROFESSION IN TRANSITION * Barbara Glesner Fines JAMES E. MOLITERNO, THE AMERICAN LEGAL PROFESSION IN CRISIS: RESISTANCE AND RESPONSES TO CHANGE (OXFORD UNIVERSITY PRESS 2013). PP. 272. HARDCOVER $95.00. DEBORAH L. RHODE, LAWYERS AS LEADERS (OXFORD UNIVERSITY PRESS 2013). PP. 320. HARDCOVER $31.95. ROBIN L. WEST, TEACHING LAW: JUSTICE, POLITICS, AND THE DEMANDS OF PROFESSIONALISM (CAMBRIDGE UNIVERSITY PRESS 2013). PP. 258. HARDCOVER $90.00. This review examines three recent additions to the conversation about the future of the legal profession and legal education: James Moliterno’s The American Legal Profes- sion in Crisis: Resistance and Responses to Change, Deborah Rhode’s Lawyers as Lead- ers, and Robin West’s Teaching Law: Justice, Politics, and the Demands of Professional- ism.1 These books are indicative of the increased interest shown in these topics by legal scholars and other commentators over the past five years.2 All three authors have much to criticize regarding the profession in general and legal education specifically. -
How Informal Justice Systems Can Contribute
United Nations Development Programme Oslo Governance Centre The Democratic Governance Fellowship Programme Doing Justice: How informal justice systems can contribute Ewa Wojkowska, December 2006 United Nations Development Programme – Oslo Governance Centre Contents Contents Contents page 2 Acknowledgements page 3 List of Acronyms and Abbreviations page 4 Research Methods page 4 Executive Summary page 5 Chapter 1: Introduction page 7 Key Definitions: page 9 Chapter 2: Why are informal justice systems important? page 11 UNDP’s Support to the Justice Sector 2000-2005 page 11 Chapter 3: Characteristics of Informal Justice Systems page 16 Strengths page 16 Weaknesses page 20 Chapter 4: Linkages between informal and formal justice systems page 25 Chapter 5: Recommendations for how to engage with informal justice systems page 30 Examples of Indicators page 45 Key features of selected informal justice systems page 47 United Nations Development Programme – Oslo Governance Centre Acknowledgements Acknowledgements I am grateful for the opportunity provided by UNDP and the Oslo Governance Centre (OGC) to undertake this fellowship and thank all OGC colleagues for their kindness and support throughout my stay in Oslo. I would especially like to thank the following individuals for their contributions and support throughout the fellowship period: Toshihiro Nakamura, Nina Berg, Siphosami Malunga, Noha El-Mikawy, Noelle Rancourt, Noel Matthews from UNDP, and Christian Ranheim from the Norwegian Centre for Human Rights. Special thanks also go to all the individuals who took their time to provide information on their experiences of working with informal justice systems and UNDP Indonesia for releasing me for the fellowship period. Any errors or omissions that remain are my responsibility alone. -
How Can California Increase the Diversity of the Legal Profession and the Judiciary?
How Can California Increase the Diversity of the Legal Profession and the Judiciary? An Informational Hearing of the Assembly Committee on Judiciary and the Asian Pacific Islander, Black, and Latino Legislative Caucuses of the California Legislature Background Paper By the Staff of the Assembly Judiciary Committee I. Introduction A workforce that reflects the diversity of our society has been shown to not only be more fair by offering more opportunity for all, but also to be a more effective workforce. Diversity of the legal profession is especially important because it provides access to our justice system and our democratic institutions, as well. Unfortunately, the legal profession is consistently among the least diverse professions. Nationwide, a shocking 88 percent of the legal profession is white. In California, the legal profession and judiciary falls far short of adequately representing the demographic makeup of the state. Despite years of concerted effort to diversify the legal profession, little has changed. In order to achieve the goal to have California’s bench and bar reflect the diversity of our state and provide opportunity and justice for all, dramatic changes to state policies and priorities will be required. This paper looks at why such changes are needed, and which programs and policies appear to be most promising to address the issue. Section II of this paper discusses the importance of diversity for the legal profession; Part III discusses just how diverse the legal profession and the judiciary are today; Part IV explains the underlying causes of the lack of diversity; and Part V reviews existing programs to increase diversity. -
Reflections: the Trajectory of the Legal Profession in a Post-9/11 World
NYLS Law Review Vols. 22-63 (1976-2019) Volume 56 Issue 3 Exonerating the Innocent: Pretrial Article 11 Innocence Procedures January 2012 Reflections: The rT ajectory of the Legal Profession in a Post-9/11 World Joseph W. Armbrust University of Virginia School of Law Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Legal History Commons, and the Legal Profession Commons Recommended Citation Joseph W. Armbrust, Reflections: The rT ajectory of the Legal Profession in a Post-9/11 World, 56 N.Y.L. SCH. L. REV. 1100 (2011-2012). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. VOLUME 56 | 2011/12 JOSEPH W. ARMBRUST Reflections: The Trajectory of the Legal Profession in a Post-9/11 World ABOUT THE AUTHOR: Partner, Sidley Austin LLP; LL.B., University of Virginia School of Law. EDITOR’S NOTE: This article is an edited version of remarks Mr. Armbrust delivered on September 8, 2011, at the Lawyers and the Law in New York City: 10 Years After 9/11 event, hosted by the New York City Bar Association’s New York City Affairs Committee and the New York Law School Law Review. The video of his full address is available at http://nyls.mediasite.com/mediasite/SilverlightPlayer/Default.aspx?peid=4dec496 d5c4f49afb5ab187d567ab6401d. 1099 REFLECTIONS: THE TRAJECTORY OF THE LEGAL PROFESSION IN A POST-9/11 WORLD My perspective on the topic of Lawyers and the Law in New York City: 10 Years After 9/11 is that of a lawyer in a large law firm and has been shaped by my history, and my firm’s history, with the World Trade Center. -
Feminist Legal Theory, Feminist Lawmaking, and the Legal Profession
Fordham Law Review Volume 67 Issue 2 Article 2 1998 Feminist Legal Theory, Feminist Lawmaking, and the Legal Profession Cynthia Grant Bowman Elizabeth M. Schneider Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Cynthia Grant Bowman and Elizabeth M. Schneider, Feminist Legal Theory, Feminist Lawmaking, and the Legal Profession, 67 Fordham L. Rev. 249 (1998). Available at: https://ir.lawnet.fordham.edu/flr/vol67/iss2/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Feminist Legal Theory, Feminist Lawmaking, and the Legal Profession Cover Page Footnote Professor of Law, Northwestern University School of Law. Thanks to the Julius Rosenthal Endowment Fund for research support in the summer of 1998 and to Daniel Goldwin for his assistance with research for this essay. * Professor of Law, Brooklyn Law School. Thanks to the Brooklyn Law School Faculty Research Program and to Joan Erskine and Alexandra Derian for research assistance. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol67/iss2/2 ARTICLES FEMINIST LEGAL THEORY, FEMINIST LAWMAKING, AND THE LEGAL PROFESSION Cynthia Grant Boivman* and Elizabeth Al. Schneider* INTRODUcTION T HIS essay addresses the interrelationship among feminist legal _ theory, feminist lawmaking,' and the legal profession. We de- scribe a complex interaction between theory and practice that has two main "arenas": (1) the interaction between feminist legal theory and the development of feminist lawmaking and substantive law, and (2) the impact of feminist legal theory upon the way law is practiced. -
Law Day 2015
ONONDAGA COUNTY BAR ASSOCIATION VOLUME 60 NUMBER 3 | MARCH 2015 CNY Philanthropy Center | 431 East Fayette St. | Syracuse, NY 13202 | Phone: 315-471-2667 LAW DAY 2015 | LET FREEDOM RING 800 YEAR ANNIVERSAY OF THE MAGNA CARTA The Magna Carta Libertatum, the Great Finally, we will conclude the day with our Charter of Liberties, signed on June 15, annual Law Day luncheon to be held at noon 1215, is about to reach a landmark 800th at the new Sky Armory located in downtown birthday! In honor of the occasion, Law Syracuse. Student work from the activities Day 2015, to be celebrated locally on May leading up to Law Day will be on display 1, 2015, will be centered on the concepts and the finalists from the student debate embodied by the Charter. We invite and competition will impress us with their welcome the legal community to a day keen analysis and articulate point/ of contemplation regarding, commitment counter-point leading to selection of a to, and celebration of the rule of law that prevailing team. has developed from that great moment This year’s debate topic focuses on in history, and the preservation of which social media and a defendant’s right is the daily work of our profession. to a fair trial based on juror exposure to We will commence our celebration on such media prior to the trial. Hearing this Friday, May 1 with an 8:15 AM group photo issue debated by our youth who are digital of legal practitioners in our community and natives and “netizens” of the world should the members of the judiciary on the steps of the be both informative and entertaining. -
1. Lawyers in Different Countries Do Not Hold the Same Titles Or Share the Same Role and Status
I. Legal Profession A lawyer is a person who writes a 10,000-word document and calls it a "brief." -- Franz Kafka T can brainstorm expressions used for legal practitioners and activities which lawyers are involved in. 1. Lawyers in different countries do not hold the same titles or share the same role and status. Read the following text giving an outline of legal professions in civil law countries, England and the USA. In which country/countries do attorneys, solicitors, barristers, notaries or advocates work? People roughly acquainted with the legal profession in civil law countries may be tempted to make an equation between the two main strands found there, i.e. notaries and advocates, and the two kinds of lawyers existing in England, i.e. barristers and solicitors, but this is not the case, the latter being of quite a different nature. It is true that English solicitors may draw up various legal documents and make them official as their civil law counterparts do but their scope of work is by far wider. The English solicitors also prepare cases for barristers defending those accused of crimes in courts and may also defend themselves such persons in lower courts. The very term “notary” does not denote a separate profession in England or the USA. There, you can come across the term “notary public” which denotes a professional who has authority to witness and draw up only certain documents and make them official. In England this is performed by solicitors but in the USA this may be done by people who have not qualified as lawyers, or attorneys, as they commonly referred to there.