1st Edition

Legal Ethics for Lawyers A New Model

By Barbara Mescher Copyright 2023
142 Pages
by Routledge

142 Pages
by Routledge

142 Pages
by Routledge

This book proposes a new model of professional ethics enabling lawyers to advise clients upon both the law and ethics. This will better protect clients, and society, and enhance lawyers’ professional obligations. The current model of legal ethics, developed in the 19th century, specified that the role of lawyers was only to interpret the law, not also to give ethical advice. This was acceptable... Read more

List of acronyms and abbreviations

Chapter 1: Introduction

Chapter 2: Lawyers and their clients

Chapter 3: The James Hardie case study

Chapter 4: Theoretical Legal Ethics: Positivist v moral principles

Chapter 5: Legal ethics and moral philosophy

Chapter 6: Lawyers’ professional obligations and moral philosophies

Chapter 7: A new model of legal ethics

Chapter 8: Conclusion

Index

Biography

Dr Barbara Mescher is a lecturer at the University of Sydney, Australia, in significant areas for business and the professions, including securities regulation, corporate governance and professional ethics. Barbara worked previously as a corporate lawyer and has continued to engage with the legal profession over several years as a member of the profession’s Corporate Lawyers' Committee and the Ethics Committee.

Legal Ethics for Lawyers: A New Model demonstrates how an Aristo-Kantian model of theoretical legal ethics could address the moral vacuum created by the dominant positivist model of legal ethics and professional conduct rules. Dr Mescher is to be commended bringing a fresh and insightful perspective to the debate.’

Professor Joan Loughrey, Professor of Law, School of Law, Queens University, Belfast, Northern Ireland

‘Legal Ethics for Lawyers: A New Model is an excellent study of a vitally important issue. The author develops a genuinely original model of legal ethics based on Aristo-Kantian principles to replace the prevailing positivist model and applies it to concrete cases. No-one concerned with legal ethics can ignore this book.’

Dr David Wood, Principal Fellow, Melbourne Law School, Melbourne, Australia 

 

‘Barbara Mescher’s Legal Ethics for Lawyers: A New Model draws on Kant and Aristotle to develop a compelling practical legal ethics. It will be invaluable to all lawyers looking to go beyond narrow, positivist approaches to professional obligations.’

Dr Hugh Breakey, Deputy Director, Institute for Ethics, Governance and Law, Senior Research Fellow, Moral, Legal and Political Philosophy, Griffith University, Brisbane, Australia