Description
The Ethical Lawyer: Legal Ethics and Professional Responsibility is a guide to ethical conduct and client care which traces the developments in the field of legal ethics and professional responsibility that have occurred in New Zealand over the past 20 years and examines what it means to be an ethical lawyer in New Zealand today.
The book also provides a highly readable resource for learning the rules governing professional conduct. Its primary purpose is to (a) focus on the key ethical issues that lawyers encounter on a day-to-day basis in their practices, and (b) give lawyers an easy-to-follow guide to complying with the requirements of New Zealand’s Lawyers and Conveyancers Act and the Rules of Conduct and Client Care.
Based on Richard Scragg’s experience as a teacher of Legal Ethics, and as a former law practitioner, the book is written for a diverse readership ranging from undergraduate law students, trainees at the Institute of Professional Legal Studies and College of Law, junior law practitioners and experienced law practitioners who want to learn about the ethical obligations imposed on lawyers. It is also designed to assist teachers of Legal Ethics, and those charged with regulating the profession.
Table of Contents
Chapter 1 The Profession of Law
Chapter 2 Competence
Chapter 3 Discipline
Chapter 4 Theories of Ethics: Moral Philosophy
Chapter 5 Standards of Conduct: Misconduct
Chapter 6 Standards of conduct: Unsatisfactory Conduct
Chapter 7 Admission as a Barrister and Solicitor
Chapter 8 Standards of conduct: the retainer and its obligations
Chapter 9 Fees
Chapter 10 Loyalty and fidelity to the client
Chapter 11 Conflicts of interest: conflicts between clients
Chapter 12 Conflicts of interest: conflicts between a client’s interests and those of the lawyer
Chapter 13 Advocacy Ethics
Chapter 14 Barristers
Chapter 15 In-house Lawyers
Chapter 16 Ethics in Non-litigation Dispute Resolution (ADR)
Epilogue
Appendices
Appendix “A” The International Bar Association’s Principles on Conduct for the Legal Profession
Appendix “B” Addressing members of the Judiciary
Appendix “C” Client Engagement Letter
Appendix “D” Rules of Conduct and Client Care for Lawyers
Table of Statutes and Regulations
Table of Cases
Subject Index
Practice Management
