Ethics & Professional Responsibility

The Origin of Liberalism. Influenced by the Utilitarian philosopher Jeremy Bentham, Mill adopted a modified laissez-faire position, believing in the efficiency of free enterprise, but aware of the frequent failure of the market to maximize utility. Later refining this stance, he argued that the promotion of happiness is a moral duty (though he made a clear distinction between desirable and undesirable forms of pleasure). These ideas had a decisive influence on Mill's classic 1859 essay, perhaps the most celebrated defense of individual freedom and self-protection based on utilitarian values rather than natural right to appear in English.

Life went along simply, if not rather monotonously, for Breck McCall. Her job was satisfying, and she had true friends. But she felt empty-as if part of her soul were detached and lost to her. She longed for something-something that seemed to be missing.¶ ¶ Yet there were moments when Breck felt she might almost touch something wonderful. And most of those moments came while in the presence of her handsome yet seemingly haunted boss-Reese Thatcher.

Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: • what is law? • why socialism constitutes legal plunder • the proper function of the law • the law and morality • "the vicious circle of socialism" • the basis for stable government • and more. French political libertarian and economist CLAUDE FRÉDÉRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law.

This is the first comprehensive book to approach professional issues in counseling from an ethical perspective and legal viewpoint. It addresses difficult subjects in a direct manner, and offers practical, realistic advice for practicing counselors. A clear explanation of the necessary credentials for counseling is also provided—including licensing, state certification, and national certification. Substantial sections are devoted to crucial areas—such as ensuring client confidentiality, keeping appropriate records, responding to subpoenas, dealing with clients who are a danger to themselves or others, counseling minors, and maintaining proper boundaries with clients and students. Coverage of cutting edge issues includes ensuring a diversity-sensitive practice, dealing with managed care problems, utilizing technology, and supervising properly. Model agreements that counselors can use and adapt for practice are supplied in all of the following areas: private practice, schools, agencies that serve mandated clients, evaluation situations, and community mental health agencies. For counselors in training and for counseling practitioners.

The book that helped free an innocent man who had spent twenty-seven years on death row.
 
In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death.
 
Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. After attending the University of Texas School of Law, Holt was eager to help the disenfranchised and voiceless; she herself had been a childhood victim of abuse. It required little scrutiny for Holt to discern that Elmore’s case—plagued by incompetent court-appointed defense attorneys, a virulent prosecution, and both misplaced and contaminated evidence—reeked of injustice. It was the cause of a lifetime for the spirited, hardworking lawyer. Holt would spend more than a decade fighting on Elmore’s behalf.
 
With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt’s battle to save Elmore’s life and shows us how his case is a textbook example of what can go wrong in the American justice system. He reviews police work, evidence gathering, jury selection, work of court-appointed lawyers, latitude of judges, iniquities in the law, prison informants, and the appeals process. Throughout, the actions and motivations of both unlikely heroes and shameful villains in our justice system are vividly revealed.           
 
Moving, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation’s ongoing, increasingly important debate about inequality and the death penalty.

This text is designed to introduce students to ethical decision-making in the criminal justice system. Its greatest strengths are its balanced coverage of 1) all three segments of the CJ system-police, courts, and corrections-and 2) both philosophical principles/theories and hands-on criminal justice issues and applications.

Covering all of the essential issues and topics, Ethical Problems in the Practice of Law, Second Edition, offers straightforward exposition and a combination of principal cases and real-case problems that generate lively class discussion and encourage strategic analysis.

Engage your students with a contemporary approach that features:

• thorough coverage of the ethics codes and other law governing lawyers, including legal malpractice, disqualification, wrongful discharge, and criminal malfeasance
• concise, clear explanation of lawyer law in a readable question and answer format
• an overview of the American legal profession and the challenges facing lawyers in the 21st century
• more than 70 engaging problems for classroom discussion, some based on court opinions, others based on actual situations encountered by lawyers and law students
• principal cases edited with care and presented with questions for discussion
• tables and conceptual outlines that highlight relationships, illustrate concepts, and aid memory
• photos of many lawyers and parties discussed in the text
• more than 20 New Yorker cartoons illustrating classic ethical dilemmas

Thoroughly updated, the Second Edition now has a more flexible organization and coverage of important recent developments in the law, rules, and code, including:

• updates reflecting recent revision of the state Rules of Professional Conduct in response to the Ethics 2000 Commission
• new material on lawyers as counselors, the special duties of prosecutors, lawyer advertising, aggregate and class action settlements, and the revised Model Code of Judicial Conduct
• new problems and cases
• discussion of government challenges to the corporate attorney-client privilege
• pedagogical fine-tuning based on feedback from scores of enthusiastic adopters and students at more than eighty US law schools

Respected scholars Lerman and Schrag have created an accessible, problem-based casebook that generates rich classroom discussion in courses in Legal Ethics and Professional Responsibility.

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Continuing the tradition that has made it a leader in its field, this casebook uses problems to provide an overview of lawyers' professional responsibility. One of the most rapidly changing fields in American law, professional responsibility sees new issues, rules and cases each year, all of which are covered in this book. The Eleventh Edition has been carefully designed to be familiar to long time users, and accessible to new ones. It continues its tradition of offering the most usable and up-to-date course materials to teach legal ethics and the law governing the practice of law. Since the last edition, published in 2008, there have been: substantial changes in the ABA Rules of Professional Conduct dealing with conflicts imputed from one lawyer to other lawyers in the same firm. changes to its Model Code of Judicial Conduct and New York has completely changes its Rules of Professional Conduct, to follow the format of the ABA Rules. new court decisions in particular, dealing with conflicts of interest, imputed disqualifications, and ethics related to the internet, chat rooms, electronic discovery, etc.

This new edition retains the popular problem-based approach, but with a thorough updating of every chapter, integrating recent developments since the prior edition, including amendments to the ABA Model Rules, new court decisions, new ABA Formal Opinions, and contemporary perspectives on lawyering. The new edition also contains a number of new discussion problems.