Items related to Ethics of Representing Organizations
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.
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Review:
"In this illuminating and provocative book, Professors Fox and Martyn lay out useful guideposts to help lawyers navigate through the complexities, conundrums and uncertainties that stem from representing organizational clients. Through clear exposition of real-world dilemmas and thoughtful analysis of possible solutions, The Ethics of Representing Organizations will serve as an invaluable and thought-provoking resource for even the most experienced lawyers. Readers of this book will have a considerable advantage in meeting professional obligations and their clients' expectations. The authors have provided a work of scholarly merit and practical benefit to individual lawyers and the legal profession as a whole." ---Kenneth C. Frazier President, Global Human Health Merck & Co., Inc. "A concise and crisp guide for staying out of trouble in the complex world of modern practice." ---Geoffrey C. Hazard Trustee Professor, University of Pennsylvania Law School Professor Emeritus, Yale Law School
About the Author:
Lawrence J. Fox is a partner at Drinker Biddle & Reath where he specializes in corporate and securities litigation; he has published extensively in the field of ethics and is known as a leading expert on the topic. Susan J. Martyn is the Stoepler Professor of Law and Values at the University of Toledo College of Law, where she teaches Legal Ethics, Bioethics & Law, and Health Care Provider Liability; she too has published extensively on the issue of legal ethics.
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- PublisherOxford University Press Inc
- Publication date2009
- ISBN 10 0195371542
- ISBN 13 9780195371543
- BindingHardcover
- Number of pages436
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