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This is the third edition of the leading textbook on legal ethics and the regulation of the legal profession in England and Wales. As such it maps the complex regulatory environment in which the legal profession in England and Wales now operates. It opens with a critical overview of professional ideals, organisation, power and culture and an examination of the mechanisms of professions, exercised through governance, regulation, discipline and education. The core of the book explores the conflict between duties owed to clients (loyalty and confidentiality) and wider duties (to the profession, third parties and society). The final part applies lawyers' ethics to dispute resolution and settlement (litigation, negotiation, advocacy and alternative dispute settlement). Now laid out in a more accessible format and written in a more approachable style, the book is ideal reading for those teaching and learning in the field of legal ethics.
The essays in this text deal with aspects of British legal learning. It traces the tradition of learning dating back to the Middle Ages and how the inns of court provided the equivalent of a legal university. The essays describe how before the middle of the 19th-century there was little formal provision of legal education in Britain and that law in the ancient universities was not intended to have practical value and entrance to the bar was not dependent upon written examination.
As one of the ‘learned’ professions requiring advanced learning and high principles, law enjoys a special standing in society. In return for its status and rank, the legal profession is expected to exhibit the highest levels of honesty, trust and morality, the very values which underpin the legal system itself. This, in turn, entrusts to legal education a particular problem of addressing, not only the substantive elements of the body of law, but a means through which the characteristics of the ‘calling’ of law are imparted and instilled. At a time when the very essence of the legal profession is under threat, this book calls for a realignment of the legal curriculum and pedagogies so as to emphasise the development of culture over industry; character over eloquence; and calling over skill. Chapters are grouped around the core content and key themes of Curiosity, Calling, Character and Conscientiousness, Contract, and Culture. The volume includes contributions from leading experts, drawn internationally and from other professional disciplines in order to present alternative approaches aimed at tackling common issues, providing insight, and provoking debate.