Why Lawyers Behave As They Do (new Perspectives On Law, Culture, And Society)

In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior. Over the past five years, the American Bar Association and legal educators themselves have been expanding the discussion of professional responsibility. Traditionalists state that lawyers must maximize the gain for their client regardless of whether that means turning a blind eye to behavior or facts which may serve justice but hinder the clients case.In Why Lawyers Behave as They Do, Paul Haskell explains the professional rules that govern how lawyers behave and which permitor requireconduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, Haskell proposes an alternativeand controversialmodel of behavior. In Why Lawyers Behave As They Do, Paul Haskell Explains The Professional Rules That Govern How Lawyers Behave And That Permit - Or Require - Conduct That Laypersons May Find Unethical. In His Criticism Of The Traditional Role Of Lawyers, Haskell Proposes An Alternative - And Controversial - Model Of Behavior.--book Jacket. 1. Behavior Of Lawyers -- 1. Discrediting The Truthful Witness -- 2. Exploiting The Adversary's Mistake -- 3. Better Not To Probe -- 4. Stating The Law Before Asking For The Facts -- 5. Dilatory Tactics -- 6. Describing The Consequences Of Criminal Conduct -- 7. Counseling To Breach A Contract -- 8. Lying In Negotiations -- 9. Custody Blackmail -- 10. Using A False Identity -- 11. Inserting An Illegal Clause -- 12. Taking Advantage Of Another Lawyer's Ignorance -- 13. Dealing With The Unrepresented Person -- 14. Arguing Pro And Con -- 15. Confidentiality: Life-threatening Injury -- 16. Confidentiality: Past Fraud -- 17. Confidentiality: Child Abuse -- 18. Confidentiality: Unprosecuted Homicide -- 19. Immoral Objective: Statute Of Limitations -- 20. Immoral Objective: Television Trash -- 21. Immoral Objective: Gambling Enterprises -- 22. Immoral Objective: Nazi Speech -- 23. Immoral Objective: Seeking Acquittal Of A Rape-murderer -- 2. Lawyer's Service On Behalf Of An Immoral Objective -- Elements Of Morality -- Judge And The Immoral Law -- Role Morality Of The Lawyer -- Client Autonomy As Moral Justification -- Response To The Lawyer's Role Morality -- Response To The Client Autonomy Justification -- Two Special Situations: Breach Of Contract And Seeking Acquittal For The Rape-murder -- 3. Morality Of The Means -- Litigation As Fact-finding -- Confidentiality -- Tactics -- Contradiction -- Justice Theory Of Representation -- Experiment -- 4. Troubled Profession -- Hired Gun And The Independent Lawyer -- Advertising -- Commercialism -- Hardball Tactics. Appendix. Excerpts From Professional Rules. Paul G. Haskell. Includes Bibliographical References And Index. In this book, the author explains the professional rules that govern how lawyers behave and that permit-or require-conduct that laypersons may find unethical. In his criticism of the traditional role of lawyers, he proposes an alternative-and controversial-model of behavior.