1. Introduction
Lawyers And Justice
Defining Professional Legal Ethics
Aims, Methods And Arguments
2. The Philosophical Context: Theoretical Approaches To The Content And Status Of Ethics
Introduction
The Scope Of Philosophical Ethics
Deontological Ethics
Consequentialism
Virtue Ethics
Psychology, Feminism And The Ethic Of Care
Postmodernism And The Ethics Of Alterity
Conclusion
3. The Social Context: Professional Deals And Institutional Settings
Introduction
The Ideals Of The Legal Professions
The Procedural Context
Professional Structures And Institutional Contexts
The Demographic Context
The Educational Context
The Business Context
Conclusions
4. The Regulatory Context: Ethics And Professional Self-Regulation
Introduction
The Institutions Of Self-Regulation
Codes Of Conduct
The Enforcement Mechanisms
5. Duties To The Client: Autonomy And Control In The Lawyer-Client Relationship
Introduction
Boundaries Of Autonomy
The Legal Basis Of Lawyer-Client Relations
Control In The Lawyer-Client Relationship
Autonomy: A Critique And Re-Evaluation
Reconptualising Duties To The Client
Conclusion: Implication For The Form And Focus Of Codes
6. The Lawyers Amoral Role And Lawyer Immorality
Introduction
The Lawyers Amoral Role
Criticisms Of Lawyer Behaviour
Conclusion
7. Justifying Neutral Partianship
Introduction
Neutral Partisanship And Adversarial System
Neutral Partianship And Liberal Values
Neutral Partianship And The Institutions Of Liberal Government
Conclusion
8. Reforming The Lawyers Amoral Role
Introduction
Alternatives To Neutral Partianship
Moral Activism And Ethical Foundations
A Contextual Approach To Immoral Ends And Means
Immoral Ends And Decisions To Represent
Immoral Means And Lawyer Tactics
A Decision Making Schema For Morally Activist Lawyers
9. Confidentiality
Introduction
The Current Position
Criticisms Of The Current Position
Justifying Confidentiality
A Contextual Approach To Confidentiality
Conclusion
10. Conclusion: Towards A More Ethical Profession
The Dominance Of Formalism And Liberalism
The Contextual Alternative
Possible Objections To A Contextual Approach
Institutionalising An Ethical Professionalism