Lawyers on Trial (2 ed)
Hired Guns or Heroes?

By (author) Christopher Whelan

ISBN13: 9781509977598

Imprint: Hart Publishing

Publisher: Bloomsbury Publishing PLC

Format:

Published: 26/12/2024

Availability: Not yet available

Description
'Whelan has written a book that anyone interested in the law should queue to buy.' The Times Lawyers are universally unpopular but is that justified? Aren't lawyers necessary for justice? This book uses real-world examples, case studies, and commentary from practitioners to answer this question and to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how lawyers tackle their conflicting duties, and highlights the choices lawyers everywhere routinely make through their power of decision. What emerges are new ways of understanding the critical role lawyers play in society – and their professional responsibilities. This new edition considers the litigation surrounding Donald Trump and the role played by his lawyers. It includes a new chapter on SLAPPs and the way the law is used to advance clients' interests. It considers the role lawyers have played in recent miscarriages of justice in the UK (including the Post Office's Horizon scandal) and in Australia (including the overturning of Kathleen Folbigg's conviction). ‘Truth is so precious it should always be protected by a bodyguard of lies.’ Churchill said this about wartime deception plans, but lawyers’ clients may think their truth especially an 'inconvenient truth' is so precious it too should be protected. Lawyers are ‘bodyguards of lies’ when they use so called ‘tricks of the trade’ not only to keep clients’ secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty. This book presents a unique and fascinating account of what happens when lawyers’ duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct.
Part I: Hired Guns or Heroes: The Ethical Conundrum 1. Lawyers Ethics: Oxymoron or Heart of the Matter? 2. Bodyguards of Lies 3. Virtuous Lying 4. The Ethical Conundrum Part II: Tricks of the Trade 5. Squelching Truth 6. The Lecture 7. Turning a Blind Eye 8. Contracts of Silence 9. Private Law-Making 10. Creative Compliance 11. Lawfare: Gaming the System 12. The Sword of Truth and the Dagger of Deceit 13. The Smoking Gun 14. A Sporting Chance? Criminal Trial Tactics 15. Effective Advocacy 16. Courting the Court of Public Opinion Part III: The Final Verdict 17. The Ethical Compass
  • Legal ethics & professional conduct
  • Professional & Vocational
  • Tertiary Education (US: College)
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List Price: £75.00