"Whelan has written a book that anyone interested in the law should queue to buy." – The Times (of the 1st edition)
“A classic work” – Michael Beloff KC, Former President, Trinity College Oxford, Treasurer, Gray's Inn
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 clients. 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.
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.
Arvustused
An indispensable and all-too-timely book * Professor Richard Abel, University of California, USA * Whelan has written a book that anyone interested in the law should queue to buy * James Morton, The Times * Whelan has written a book that is both engaging and important... makes familiar problems seem fresh and stimulating * Graham Ferris, The Law Teacher * Terrific, really thoughtful, an entire compendium of dilemmas * David Atkins, Yale Law School, USA * Whelans book is timely. The role of lawyers during a series of high-profile ethical scandals is rightly being closely scrutinised all lawyers in practice, and not simply those who teach and study law, should read this book. * Frontiers of Socio-Legal Studies *
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Using real-world examples, case studies, and commentary from practitioners, this book reveals the many and varied strategies American and English lawyers use to protect truth.
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
Christopher Whelan is Barrister at 3PB, UK, Visiting Professor of Law at Washington and Lee University School of Law in Virginia, USA, a Member of Wolfson College, Oxford, and Fellow of the Royal Society of Arts, UK.
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