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Items
Details
Author
Title
Why lawyers behave as they do / Paul G. Haskell.
Published
Boulder, Colo. : Westview Press, 1998.
Call Number
KF306 .H29 1998
ISBN
0813368960 (alk. paper)
0813368979 (pbk.)
0813368979 (pbk.)
Description
xiii, 120 pages ; 24 cm.
System Control No.
(OCoLC)38281755
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Preface
1
The Behavior of Lawyers
1
1Discrediting the Truthful Witness
2
2Exploiting the Adversary's Mistake
3
3Better Not to Probe
3
4Stating the Law Before Asking for the Facts
4
5Dilatory Tactics
5
6Describing the Consequences of Criminal Conduct
6
7Counseling to Breach a Contract
7
8Lying in Negotiations
8
9Custody Blackmail
9
10Using a False Identity
9
11Inserting an Illegal Clause
10
12Taking Advantage of Another Lawyer's Ignorance
10
13Dealing with the Unrepresented Person
11
14Arguing Pro and Con
12
15Confidentiality: Life-Threatening Injury
12
16Confidentiality: Past Fraud
14
17Confidentiality: Child Abuse
15
18Confidentiality: Unprosecuted Homicide
15
19Immoral Objective: Statute of Limitations
15
20Immoral Objective: Television Trash
16
21Immoral Objective: Gambling Enterprises
16
22Immoral Objective: Nazi Speech
17
23Immoral Objective: Seeking Acquittal of a Rape-Murderer
17
2
The Lawyer's Service on Behalf of an Immoral Objective
27
The Elements of Morality
27
The Judge and the Immoral Law
34
The Role Morality of the Lawyer
35
Client Autonomy as Moral Justification
38
The Response to the Lawyer's Role Morality
40
The Response to the Client Autonomy Justification
43
Two Special Situations: Breach of Contract and Seeking Acquittal for the Rape-Murder
44
3
The Morality of the Means
51
Litigation as Fact-Finding
52
Confidentiality
56
Tactics
66
A Contradiction
75
The Justice Theory of Representation
75
An Experiment
76
4
A Troubled Profession
85
The Hired Gun and the Independent Lawyer
85
Advertising
92
Commercialism
99
Hardball Tactics
103
Appendix
Excerpts from Professional Rules
109
Index
117