The Ethics of Representing Organizations
Legal Fictions for Clients
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Product details:
- Publisher OUP USA
- Date of Publication 17 September 2009
- ISBN 9780195371543
- Binding Paperback
- No. of pages436 pages
- Size 243x164x27 mm
- Weight 753 g
- Language English 0
Categories
Long description:
The Ethics of Representing Organizations: Legal Fictions for Clients
The first half of the book explores professional responsibility issues from the perspective of the lawyer's duty to represent clients zealously within the bounds of the law. It examines the fiduciary and other ethical duties lawyers owe to their clients in the context of representing legal fictions, which includes the identification of an entity client, followed by what the authors call "the five C's," or fiduciary duties owed clients: competence, communication, client control,
confidentiality, and conflict resolution. The authors then detail the legal bounds beyond which lawyers cannot pass in representing clients, paying careful attention to crimes and frauds, as well as duties imposed by tribunals and obligations of fairness to third parties. This section concludes with an examination
of the various legal remedies clients and third parties may seek for breaches of lawyer obligations, including professional discipline, malpractice, disqualification, fee forfeiture, procedural sanctions and criminal accountability.
The second half of the book is devoted to the ethical problems that arise in particular organizational settings. Publicly held companies, not for profits, unincorporated associations, partnerships and business start-ups all raise their own special ethical dilemmas, and each is considered in turn.
Finally, the authors offer a checklist of "do's and don't's," special practice-oriented pointers that a lawyer for any organization should keep in mind.
On a stylistic note, the approach of the book is relatively informal-in comparison to a standard legal treatise-and uses a question-and-answer format designed to make the book as practical, accessible and informative as possible. That said, ample footnotes provide authority where appropriate and lead the reader to suggestions for more in-depth study.
Table of Contents:
Part One: Understanding the Law Governing Lawyers
Chapter 1: Who is Your Client?
Chapter 2: Fees
Chapter 3: Communication
Chapter 4: Control
Chapter 5: Competence
Chapter 6: Confidentiality
Chapter 7: Conflicts
Chapter 8: Limits of the Law
Chapter 9: Remedies
Part Two: Representing Specific Legal Fictions
Chapter 10: Government Lawyers (including prosecutors)
Chapter 11: Publicly Held Companies (including derivative suits)
Chapter 12: Privately Held Companies
Chapter 13: Non-Profits (including Public Interest Representation)
Chapter 14: Unincorporated Associations (including Labor Unions, and Joint Ventures?)
Part Three: Conclusion: Navigating the Legal Fiction
Chapter 15: The Checklist
1. Identify your client (Chapter 1)
2. Clarify your fee (Chapter 2)
3. Observe the 5 C's (Chapters 3-7)
4. Know the Limits of the Law (Chapter 8)
5. Understand client and third party remedies (Chapter 9)
6. Observe special rules that govern specific organizational clients: (Chapters 10-14)
