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Why lawyers behave as they do
- Author / Creator
- Available as
- Physical
- Summary
-
"In Why Lawyers Behave As They Do, Paul Haskell explains the professional rules that govern how lawyers behave and that permit - or require - conduct that laypersons may find unethical. In his crit...
"In Why Lawyers Behave As They Do, Paul Haskell explains the professional rules that govern how lawyers behave and that permit - or require - conduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternative - and controversial - model of behavior."--BOOK JACKET.
Details
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- Creator
- Paul G. Haskell
- Format
- Books
- Language
- English
- Publication
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- Boulder, Colo. : Westview Press, 1998
- Physical Details
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- xiii, 120 pages ; 24 cm
- ISBNs
- 9780813368979, 0813368979, 9780813368962, 0813368960
- OCLC
- ocm38281755
- Includes bibliographical references and index.
- 1. The Behavior of Lawyers. 1. Discrediting the Truthful Witness. 2. Exploiting the Adversary's Mistake. 3. Better Not to Probe. 4. Stating the Law Before Asking for the Facts. 5. Dilatory Tactics. 6. Describing the Consequences of Criminal Conduct. 7. Counseling to Breach a Contract. 8. Lying in Negotiations. 9. Custody Blackmail. 10. Using a False Identity. 11. Inserting an Illegal Clause. 12. Taking Advantage of Another Lawyer's Ignorance. 13. Dealing with the Unrepresented Person. 14. Arguing Pro and Con. 15. Confidentiality: Life-Threatening Injury. 16. Confidentiality: Past Fraud. 17. Confidentiality: Child Abuse. 18. Confidentiality: Unprosecuted Homicide. 19. Immoral Objective: Statute of Limitations. 20. Immoral Objective: Television Trash. 21. Immoral Objective: Gambling Enterprises. 22. Immoral Objective: Nazi Speech. 23. Immoral Objective: Seeking Acquittal of a Rape-Murderer -- 2. The Lawyer's Service on Behalf of an Immoral Objective. The Elements of Morality. The Judge and the Immoral Law. The Role Morality of the Lawyer. Client Autonomy as Moral Justification. The Response to the Lawyer's Role Morality. The Response to the Client Autonomy Justification. Two Special Situations: Breach of Contract and Seeking Acquittal for the Rape-Murder -- 3. The Morality of the Means. Litigation as Fact-Finding. Confidentiality. Tactics. A Contradiction. The Justice Theory of Representation. An Experiment -- 4. A Troubled Profession. The Hired Gun and the Independent Lawyer. Advertising. Commercialism. Hardball Tactics -- Appendix. Excerpts from Professional Rules