The importance of ethical behaviour and professional responsibility has long been something lawyers have insisted is a hallmark of their chosen profession. However, many lawyers would argue that the rigorous process through which they must pass to be admitted to the Bar, and the institutionalized code of conduct to which they must adhere if they wish to remain at the Bar, make discussion of these matters necessary only when considering isolated and occasional cases of aberrant behaviour.
In Legal Ethics and Professional Responsibility, Allan Hutchinson makes a convincing case that this view no longer serves the profession well. He argues that the profound changes in the way in which law is practised, and the demographic shifts among those who practise it, demand a new and systematic approach to the subject—one that stresses personal responsibility over professional regulation. Professor Hutchinson's book is both an accessible introduction to legal ethics and professional responsibility for students of law and a provocative call to arms for the profession as a whole.
The second edition of the book contains significant discussion and analysis of the Canadian Bar Association’s new Code of Professional Conduct, which was adopted in 2006.
Summary Table of Contents
Foreword
Preface
CHAPTER 1: Introduction: Of Crisis and Codes
CHAPTER 2: Traditional Accounts: Contents and Criticism
CHAPTER 3: An Alternative Vision: A Contextual and Pragmatic Approach
CHAPTER 4: Legal Practice: The Ethical Dimension
CHAPTER 5: Dealing with Clients: From Start to Finish
CHAPTER 6: The Duty to Clients: Checking Zealous Partisanship
CHAPTER 7: Being Confidential: Secrets and Lies
CHAPTER 8: Conflicts of Interest: Screens and Silences
CHAPTER 9: Criminal Lawyers: Putting Up a Defence
CHAPTER 10: Beyond the General Principles: Special Situations
CHAPTER 11: Conclusion: Taking It Personally
APPENDIX: Canadian Bar Association: Code of Professional Conduct
Table of Cases
Index
Praise for the first edition:
"Allan Hutchinson's book...represents the true breakthrough in the scholarship of legal ethics in Canada.... [I]t would be unfortunate if legal scholars and lawyers skipped over the book because it is the first comprehensive critique of legal ethics in Canada."
- Adam Dodek, University of Toronto Law Journal