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EXCEL IN LAW SCHOOL WITH OUR DIGITAL STUDY TOOLS! THIS TITLE COMES WITH CASEBOOK+
Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition
Instructor Review Copy

Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition

Randal N. M. Graham
Available

Legal Ethics: Theories, Cases, and Professional Regulation, 3rd Edition has been adapted to reference the Federation of Law Societies’ Model Code of Professional Conduct as its primary source of ethical rules, so that it may apply to all Canadian jurisdictions. With particular attention to the regulator’s perspective, it delivers a practical and predictive assessment of legal ethics, presenting lawyers’ ethical obligations in direct relation to the concepts that are of greatest concern to regulators. This casebook delivers a structured and rational assessment of ethical decision-making by tying it to predictable and measurable costs and benefits, and examining the impact of decision outcomes on the social functions of the legal system.

The third edition of Legal Ethics: Theories, Cases, and Professional Regulation features an expanded section on the good character requirement that applies to students on their admission to the bar, as well as a new section on civility, and recent developments in the expanding duty of loyalty. The regulatory approach presented by the author demystifies nebulous notions of “ethics” and “morality” by examining the efficient functioning of the legal system, the effect of rules on self-interested actors, the goals of deterrence and compensation, and the implications of a self-governing profession.

Throughout this edition of Legal Ethics: Theories, Cases, and Professional Regulation, surprising theoretical situations are introduced to illuminate the intricacies of legal ethics and demonstrate how they are applied in practice. Extensive sample questions, illustrative scenarios, and hypothetical case studies will provoke lively classroom discussion and thoughtful analysis of the ethical principles being considered. This casebook delivers a thorough and methodical account of legal ethics that will equip students with the insight and analytical capacity to apply their knowledge in a wide variety of practical and professional contexts.
 

“I’ve heard one common statement from students: 'Legal ethics is just common sense, and I already know what is right and wrong.' I have always struggled with this point because, especially in the diverse population at Canadian universities, we can no longer assume a common morality or common sense. Looking at the law through a regulatory filter takes students out of their comfort zone, and challenges them in a new way. If I learned anything in my time in private practice, it’s that nothing is black and white in legal ethics. This reality is what students need to know, and Graham’s approach is one that we could all learn from. It teaches the student to reason and to think. My students learned in a new and revolutionary way. I love legal ethics, and I really appreciate this dynamic text.”


— Dr. Frances E. Chapman, PhD, LLM, JD, BA (Hons), Lakehead University Faculty of Law

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  • ISBN/ISSN: 978-1-55239-623-0
  • Status: Available
  • Cover: Hardcover
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  • ISBN/ISSN: 978-1-55239-623-0
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  • ISBN/ISSN: 978-1-77255-784-8
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  • ISBN/ISSN: 978-1-77255-785-5
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Text and 1YR eBook - FINAL SALE
$132.00
ISBN
978-1-55239-623-0
Page Count
704
Publisher
Emond Publishing
Publication Date
August 2014
Status
Available
Subjects
Ethics
Tags
Law School Canadian Law

  • References the Federation of Law Societies’ Model Code of Professional Conduct as the primary source of ethical rules
  • Introduces a regulatory model of legal ethics that assesses the resource and efficiency implications of ethical duties and their overall impact on the functioning of the legal system
  • Demonstrates that moral and ethical systems are most effectively regulated through an approach rooted in micro-economic analysis
  • Clarifies notions of “morality” and “ethics” by focusing on:
    • the efficient functioning of the legal system
    • the effect of particular rules on self-interested actors
    • the goals of deterrence and compensation
    • the impact of a self-governing profession
  • Includes an expanded section on “The Good Character”
    • Melnick v. Law Society of Upper Canada, 2013 ONLSAP 27
  • A new section addresses “civility” and the cost implications of regulating “rude behaviour” by lawyers
    • Groia v. Law Society of Upper Canada, 2013 ONSLAP 41
  • Accounts for recent developments in the expanding “duty of loyalty,” with particular attention to conflicts arising between a lawyer’s current clients
    • Scrutinizes the Supreme Court’s re-articulation of “The Bright Line Test” in Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39
  • Examines conflict and withdrawal, and non-payment fees
    • R. v. Cunningham, 2010 SCC 10

Chapter 1: Overview
I. Introduction
II. The Nature of Ethics
III. The Goals and Functions of a Regulatory Model of Legal Ethics
IV. Conclusion
 
Chapter 2: Lawyers' Ethics, Lawyers' Oaths, and Client Selection
I. Lawyers' Ethics
II. Problems with the Traditional Model
III. Lawyer's Ethical Decisions
IV. Oaths and Codes of Ethics
V. Client Selection
VI. Complicating Factors
VII. Conclusion
 
Chapter 3: Integrity, Good Character, and Civility
I. Introduction to Specific Ethical Duties
II. Integrity
III. Good Character
IV. Civility
V. Conclusion

Chapter 4: Confidentiality
I. The Duty of Confidentiality
II. Overview
III. Use of Information
IV. The Interests Protected
V. Promoting Justice
VI. Duty to Assert
VII. Legislative Erosion
VIII. Summary of the Guiding Principles
IX. Conclusion
 
Chapter 5: Exceptions to Confidentiality
I. Introduction
II. Lawyer Self-Interest
III. Innocence at Stake
IV. Future Harm/Public Safety
V. Disclosure Required by Law
VI. Authorized Use or Disclosure
VII. Public Knowledge
VIII. A General Exception: Utility Maximization
IX. Conclusion

Chapter 6: Conflicts of Interest
I. Introduction
II. General Principles
III. Joint Retainer
IV. Acting Against Clients
V. Conflicts Arising as a Result of the Lawyers’ Fees
VI. The Lawyer's Personal Interest
VII. Conclusion

Chapter 7: The Ethics of Advocacy
I. Introduction
II. Defending the Guilty
III. Client Perjury
IV. Conclusion

Chapter 8: Compensation for Victims
I. Introduction
II. The Compensatory Model
III. Advantages of the Compensatory Model
IV. A Compensatory Model of Legal Ethics
V. Problems with the Compensatory Model
VI. Conclusion

Chapter 9: Punishment of Unethical Conduct
I. The Punishment Model
II. Case Study: Wijesinha
III. Conclusion

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