Luban’s first question was self-reflective: does legal ethics need philosophical foundations? Answering his own question, Luban suggested that, if nothing more, philosophical ideas ‘organise’ his teaching of legal ethics. Rhode agreed with his approach, contending that such ‘tools’ allow students to think more systematically and deeply about problems. In addition to ethical theory, Rhode explained the insights provided by disciplines such as psychology and law and economics. In respect of interdisciplinary study, Wendel finally found some common ground with the other panelists; he advocated the use of social psychology as a useful tool for empirical scholarship. However, as regards teaching and ethical theory, Wendel provided a distinctly alternative perspective. He quipped that ‘the word utilitarianism has [never] been uttered in my classroom’. As a matter of pedagogy, he contended that he considered it a duty to equip graduates with the ‘risk management’ skills of knowing the law which could practically only be achieved by an exclusive focus on black letter law. He cited in support the many discipline cases in his teaching textbook which concerned practitioners whose failure was a lack of knowledge of the law, rather than trespassing on ‘ordinary morality’. He further argued that the ‘rationality of law’ provided something analogous to ethics. That is, the law is not morally empty; rather it carries important evaluative concepts such as loyalty and the fiduciary nature of the lawyer–client relationship.
only value is that craftsmanship (Rosen 1998). Such discussions, however, are often sidelined into a Jurisprudence course which is usually available only as an option and in 1996 was only offered by 61% of law schools (Harris and Jones 1997). There is considerable support for the view that ethics should be taught pervasively rather than being seen as an add-on (particularly an optional add-on) and this is even more true of the underlying values if they are to be recognised by students as of genuine significance to their understanding of the law. Rhode (1994) gives many examples of how this might be one in the US context. Giddings (2001) suggests how it might be done in the context of teaching criminal law. One aspect of his approach is to use clinical methods, either simulated (where students role-play value-laden problems) or working under proper supervision with real clients. This is a field which has enormous potential. At the Pro Bono Conference in London in March 2001 (SPBG 2001) a network of student, staff and interested professionals was established to assist in the development of opportunities for students to become involved in providing advice and representation to those in need and in developing ‘street law’ projects which involve working with schools, prisons and community groups to develop their understanding of the law which affects them. These provide powerful learning opportunities to students and give them direct experience of the inequalities in society which inform many of the values they should be considering. Practical assistance may be available to those interested in such developments either through the Solicitors’ Pro Bono Group (email@example.com) or the Clinical Legal Education Organisation (firstname.lastname@example.org).
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The habitus of the site could also reflect the evolving and non-static nature of ethical issues by regularly transforming its visual appearance and content. Regular updates on law reform, human rights and major political events could be posted. Photos used in the screen interfaces could change each time the site is accessed by a user. Topics for discussion could be changed at regular intervals. Discussion groups could provide a major point of interaction. As noted above, collaborative discussion presents an opportunity for discussion facilitators to model responsiveness, inclusion and care. 149 Tutors can also demonstrate the inter-disciplinary nature of legal ethics by introducing ideas and concepts from other disciplines so as to encourage critical thinking. Overall, the aim of this site would be to ensure that upon entering it, students feel that they and their ideas are acknowledged, and that they are encouraged to deeply explore issues that capture their interest. Above all, that taking the time to be informed, to reflect on issues and to consider these issues within the broader context of professional and personal development are important aspects of the ethical life.
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only minimum risks for the embryo, fetus or child. 50 Research with oocytes and preembryos is authorized, 51 provided that consent is obtained from their donors, which may be revoked at any time without affecting the research in question. 52 Oocyte and preembryo donation is governed by the provisions of the Human Assisted Reproduction Techniques Act of May 26, 2006. 53 In any case, the creation of human preembryos and embryos for research purposes is prohibited. 54 Nevertheless, within the terms defined in the Act, any technique may be employed for obtaining human stem cells for therapeutic uses or research, as long as preembryos or embryos are not created exclusively for that purpose, including the activation of oocytes through nuclear transfer. 55 Research and experimentation are permitted with surplus oocytes and preembryos, or their biological structures, obtained from assisted reproduction treatments, for the purpose of harvesting, developing and using embryonic stem cell lines or for other purposes not related to the development and application of assisted reproduction techniques. In that regard, the conditions set forth in the Human Assisted Reproduction Techniques Act must be met, and the research must respect the ethical principles and applicable legal precepts, particularly those contained in the Biomedical Research Act and its implementing regulations, reflecting the principles of relevance, feasibility and suitability. 56 Authorization is subject to receiving approval from the management of the institution where the research is to be conducted, as well as a favorable opinion from the corresponding Research Ethics Committee. The project must indicate any relationships or common interests of any nature, if any, between the research team and the entity that conducted each of the assisted reproduction processes that produced the preembryos or that intervened in obtaining the oocytes to be used. The project must likewise contain written undertakings to provide the public authorities with data that identify and enable monitoring of the conservation of any stem cell lines that may be obtained during the research and to provide those stem cell lines free-of-charge for use by other researchers. And in the event oocytes or preembryos are used, the project must provide an indication and justification of their origin and the number used, as well as informed consent documents signed by their respective donors. 57
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So a combination of the professional bodies‟ focus on assessing compliance with the Code and a very limited time means that it is impractical for the vocational courses to take a broad, developmental, educational approach to the teaching of legal ethics. What is more, the very code compliance approach creates a real risk that students may develop a simple code-compliance attitude towards the ethics of their practice. They may become inclined to treat the Code in much the same way that they might treat a Statute – as a provision to be interpreted or skirted around rather than one which encapsulates underlying principles or a spirit to be applied. There can be no guarantee that individuals will not take this approach anyway, but if they have been introduced to the concepts in a more critical and evaluative way beforehand there is reason to hope that they will develop a more genuinely ethical approach.
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one additional Foundation subject at the choice of the course provider. The Director of the GDL at City, David Herling, introduced Legal Ethics as the additional Foundation subject in order to enable students “to reflect on the ethical challenges that you might face as a lawyer in practice”. 18 An independent evaluation shows that it aims to address, in a thoroughly academic way, the issues raised by Carnegie’s third apprenticeship: “City’s legal ethics course is oriented towards engaging thought-provoking discussion about values, and encourages students to reflect on how their own values will be expressed, tested and developed in legal practice.” 19 If it is possible to achieve this in the constraints of an intensive one-year course which also addresses all the Foundations of Legal Knowledge, this can clearly be achieved in the three years of an undergraduate degree.
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In the next part of the paper, we consider the threshold issue of whether there is any scope for allowing ethical considerations to govern legal practice. This is followed in part three by a discussion of the nature of legal practice. This provides a backdrop to constructing a coherent system of legal ethics. There are of course countless ethical issues that arise in legal practice. It is not feasible to examine all of them. In part four of the paper, we consider three important legal dilemmas: (i) the supposed obligation to perform pro bono work, (ii) the first cab off the rank principle - and the associated issue of acting for clients who undertake unsavoury, though lawful, operations (such as tobacco companies and fast food outlets); and (iii) the duty not to mislead the court, in contrast to the permission to put the other side to the proof of its case. In the process we illustrate how general moral theory can be applied to resolve key legal issues. As will emerge, this has the capacity to radically alter some pre-existing notions regarding the rights and duties of lawyers.
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This Article is organized as a response to Zaharias’s influential paper, revisiting each of his four analytical steps. Following Zacharias, Part II documents the growing nationalization and globalization of law practice, and argues that the transformation of law practice renders the state-based regulation of lawyers ineffective. Part III parts ways with Zacharias’s thesis. It asserts that nationalizing, by federalizing, legal ethics is not warranted by changing practice realities and that, worse, federalizing the rules of legal ethics without more will leave some of the most troubling aspects of the transformation of law practice, including client needs, unaddressed. Instead, Part III argues that the growing nationalization of law practice on the ground requires nationalizing the regulatory approach to law practice and offers a blueprint for such reform. In other words, it concludes that although Federalizing Legal Ethics may not have succeeded in compellingly justifying a need to federalize the rules of professional conduct, it accomplished a far much more ambitious agenda—laying a foundation for the nationalization of law practice. 19 Finally, Part IV briefly explores some of the implications of nationalizing the regulatory approach to law practice in the context of the increased globalization of law practice.
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5. See infra notes 85-91 and accompanying text. Much of the established bar viewed civil disobedience skeptically, while newer entrants may have supported opposition of un- just laws through civil disobedience. In the view of the existing bar, lawyers had no role in fomenting disobedience of established laws, even if these laws were oppressive, for lawyers instead ought to work through established legal channels to effectuate change. See, for example, 111 C ONG . R EC . 15103 (1965), in which one of the leading legal ethics reformers— in an address originally given to the Tennessee Bar Association on June 17, 1965, intro- duced into the record by Strom Thurmond—warned of civil disobedience‘s ability to ―seri- ously threaten the breakdown of law, order, and morality‖ and called for ―impartial, even- handed, vigorous, swift and certain enforcement of our criminal laws, and the real and substantial punishment thereunder of all conduct that violates those laws.‖ See also id. (arguing that ―[n]o ‗end‘ . . . however worthy [can ever] justify resort to unlawful means‖ and that ―America needs a genuine revival of respect for law and orderly process . . . a new impatience with those who violate and circumvent the laws, and a determined insistence that laws be enforced‖ (alterations in original)).
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importance lies in criminal defence, where public understanding of the defendant’s rights to due process of law may be weak, and defence lawyers are often subject to moral opprobrium for representing the ‘obviously guilty’. In defence, the cab-rank lawyer can plead that she has no choice. And, here, the cab-rank rule’s use as a reference point for the theme of moral neutrality in the legal profession’s ethics may well see it have even a broader effect than a code applicable only to barristers would have. In an empirical study of Victorian lawyers, Abbe Smith noted the role that the cab-rank rule had in obligating lawyers to take on unpopular clients – and found that even solicitors (to whom the rule does not apply) were often morally motivated by cab-rank principles. She also found that, while there were naturally exceptions, the Victorian lawyers were generally prepared to take unpopular clients and represent them – even as zealous partisans. It was not that there were political or ideological reasons for accepting the client. Smith concluded that the lawyers were motivated ‘more by a sense of professional duty than by a desire to help clients’. 59
to be taken lightly by lawyers or any professional that has an ethical duty to guard sensitive client information, for that matter. Part VI will discuss and compare the existing ethics opinions from the handful of jurisdictions that have published in this area. Though only persuasive authority, ethics opinions pro- vide general guidance for use of the cloud for storing sensitive information by law firms. 17 Too many jurisdictions have not published formal ethics opinions
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A final merit of a comprehensive ethical analysis is that other ethical considerations which have not been promi- nent in the ethical debates concerning psychopharmaco- logical research in children and adolescents can be raised. One example of this is the issue of Altruism. The current system of ethics oversight of research, in its preoccupation with protection of research participants, does not allow for much consideration of altruism on the part of the par- ticipant. This is particularly the case when the research participants are considered vulnerable or may lack com- petence. When this happens, the only rationale which appears to be an acceptable justification for research is benefit for the individual or, at most, for others who suffer from the same condition. People, however, often have more noble motives. Many children and young people are highly idealistic and altruistic, and even though their pro- tection is important, it is also important to allow children and young people opportunities to develop a sense of cit- izenship and make contributions to society. Research shows that children and their parents are prepared to con- sider undergoing some risk or discomfort in order to par- ticipate in medical research which would be of benefit to others but not themselves .
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be a distraction to lawyers who may find their case emails next to personal emails or spam. Emails can also interrupt the workflow, and due to the sheer volume of emails, important information can get lost in the inbox. Emails are often part of discoverable material in litigation, which partially eliminates the need to trawl through manila folders filled with loose papers. Thousands of documents are now accessible electronically, as is the meta data – the data stored within it indicating document origins, changes, and storage destination. Meta data is becoming increasingly valuable to legal discovery, as it contains the information or data about the electronic document or file. Information such as the origins of the document, the author and tracked edits and changes can be stored. Electronic discovery is not the only issue facing those engaging in litigation. There is growing concern over jurors’ access to Google and Facebook during trials. 85 Jurors can potentially communicate with a greater number of people due
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primitive forms, have been available for a few decades now. In any event, lamentable delays in promulgation and revision notwithstanding, the Rules remain the only practical and, therefore, most operative means of correcting for the underregulation of lawyers’ cybersecurity conduct, given the ineffectiveness of liability rules and market controls and the distant probability of national cybersecurity legislation, let alone one that would apply to lawyers. If at all, a years-long delay in the promulgation of the Rules and their adoption by the states does not constitute a compelling reason to avoid regulation. Quite the contrary, the delay ought to be addressed by reforming the historical process of promulgation and adoption to ensure that the Rules remain relevant and helpful to lawyers. There is no denying that old political habits die hard, especially at the hands of the ABA House of Delegates and state supreme courts’ advisory committees. Yet, failure by the legal profession to effectively regulate itself may result, and in fact has resulted, in increased federal and state legislation undermining the profession’s privilege of self- regulation. 132
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There are laws in place to govern the use of computers and the internet. However, legal issues are not always straightforward. Technology and the internet are evolving rapidly and this throws up new ethical and legal dilemmas. Legal and ethical questions affect many areas of computing including privacy, sharing, hacking and the environment.
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Recruitment of trainee solicitors by largely commercial organisations provides the effective gateway to professional qualification for aspiring solicitors. Professional bodies and others have sought to distinguish solicitors from other legal service providers through reference to professionalism and ethics. In this article I present the findings from a survey of the applicant experience of the graduate recruitment process and interviews with the professionals involved in those processes. The research is situated within the literature on professional identity development. The main aims are to contribute to understanding of the way in which graduate recruitment may inform the construction of professional identities, with particular focus on notions of ethicality within that. These engagements come at a critical time for professional identity construction. Despite data suggesting applicant expectations that professionalism and ethics will be important in their future practice, these early encounters do little to support that view. The influence of selection activities most likely marks the beginning of longer-term experiences that diminish the significance of ethicality in notions of professionalism. The data identifies recruiter assumptions as to appropriate ethical character. There is also evidence that the recruitment process may actively undermine ideas such as independence as relevant to legal practitioners.
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Abstract: The high prevalence of chronic liver disease in Egypt has led to increasing numbers of patients with end-stage liver disease in need of liver transplantation. To date, cadaveric liver transplantation is not legal in Egypt. However, introducing living-donor liver transplantation seems appropriate for patients who need transplantation. There are no clinical bioethicists in the Egyptian healthcare system. The idea of implementing an ethics consultation program has evolved as a response to complicated legal, ethical, and social dilemmas that accompany the transplantation process, especially in Egypt where organs are obtained by advertising without consideration of an acceptable level of risk to donors or recipients. Recommendations need to be made to start to implement bioethics consultation in liver transplantation units. To achieve this goal there is a need to develop training standards, credentials, and certification before embarking on clinical consultation to ensure good ethics practice in Egypt.
Improved client service can also be achieved by challenging the standard conception of lawyers’ role morality in terms of which lawyers are expected to pursue their client’s goals irrespective of how immoral they might be or how immoral the means to those goals. Such a stance – often called that of neutral partisanship (see eg Nicolson and Webb 1999, ch 6) not only poses dangers for opponents, third parties or the public interest, but arguably it may also result in inferior services to the client. If lawyers see issues of morality as off-limits, they will not engage their clients in what ethicists call a moral dialogue in which they explore whether certain courses of action are moral and can justifiably be pursued. Such moral dialogue is not just a necessary component of what is called moral activism (see Nicolson and Webb, ch 8), as opposed to neutral partisanship, but it may provide a better service to the client. For instance, in one case the USLC was acting for a trainee solicitor made redundant by a law firm while pregnant. She mentioned in passing that the same partner responsible for this decision has been accused of sexual harassment. But instead of just going ahead to use this information as a bargaining chip, having studied ethics, the student asked the client how she felt about using this information and surprisingly learnt that she was not prepared to stoop to using this “dirty trick”
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