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Legal Ethics
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself. In the United States In the U.S., each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the ''client-lawyer relationship'', duties of a lawyer as ''advocate'' in adversary proceedings, dealings ''with persons other than clients'', ''law firms and associations'', ''public service'', ''advertising'', and ''maintaining the integrity of the profession''. Respect of client confidences, candor toward the tribuna ...
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Law Firms
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise consumer, clients (individuals or corporations) about their legal rights and Obligation, responsibilities, and to represent clients in civil case, civil or Criminal law, criminal cases, business transactions, and other matters in which legal advice and other assistance are sought. Arrangements Law firms are organized in a variety of ways, depending on the jurisdiction in which the firm practices. Common arrangements include: * Sole proprietorship, in which the attorney ''is'' the law firm and is responsible for all profit, loss and liability; * General partnership, in which all the attorneys who are members of the firm share ownership, profits and liabilities; * Professional corporations, which issue stock to the attorneys in a fashion similar to that of a business corporation; * Limited liability company, in which the attorney-ow ...
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Professional Conduct
Professional conduct is the field of regulation of members of professional bodies, either acting under statutory or contractual powers. Historically, professional conduct was wholly undertaken by the private professional bodies, the sole legal authority for which was of a contractual nature. These bodies commonly established codes of conduct and ethical codes for the guidance of their members. In certain areas, where the public interest is considered to be heavily engaged, legislation has been enacted, either replacing professional regulation by statutory legislation, or by a form of supervision of the professional body by a statutory body. European Union ThCouncil of Bars and Law Societies of Europe (CCBE)is the representative organisation of European lawyers through its member bars and law societies from 31 full member countries, and 11 further associate and observer countries. The CCBE has issued a Charter of core principles of the European legal profession and Code of Cond ...
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Maynard Pirsig
Maynard E. Pirsig, LLD, (/ˈpɜːrsɪɡ/; January 9, 1902 - February 7, 1997) was an American legal scholar. He was director of the Minnesota Legal Aid Society, dean of the University of Minnesota Law School, a Minnesota Supreme Court justice, and an advisor for the Indonesian, Puerto Rican, and El Salvadoran legal systems. He defined legal ethics in the 1974 ''Encyclopedia Britannica''. His law books were widely used in schools across the country, and his book ''Judicial Administration'' was the first casebook on the field of judicial administration in the US. He was mentored bEverett Fraser Roscoe Pound, and Felix Frankfurter. Pirsig wrote in his book, ''Cases and Materials on Legal Ethics'', 1949, "The lawyer's duty is of a double character. He owes to his client the duty of fidelity, but he also owes the duty of good faith and honorable dealing to judicial tribunals before whom he practices his profession. He is an officer of the court--a minister in the temple of justice." He ...
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Law Institute Of Victoria
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions ...
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Victorian Legal Services Board And Commissioner
The Department of Justice and Community Safety (DJCS) is one of nine government departments in the state of Victoria, Australia. Known as the Department of Justice and Regulation until January 2019, it manages and provides government services relating to Victoria's justice system. Ministers , the DJCS supports five ministers in the following portfolios: Functions The DJCS has responsibility for the following policy areas: * Legal system * Courts and tribunals * Policing * Business licensing * Corrections, prisons and parole * Human rights and anti-discrimination law * Emergency services * Births, deaths and marriages * Emergency management * Consumer affairs * Workplace safety * Gambling and alcohol regulation Agencies Agencies under the DJCS portfolios include: References External links * {{Government departments of Victoria Justice Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, Britis ...
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Bar Council Of India
The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition to universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation. History In March 1953, the 'All India Bar Committee', headed by S. R. Das, submitted a report which proposed the creation of a bar council for each state and an all India bar council as an apex body. It was suggested that the all India bar council would regulate the legal profession and set the standard of legal education. The Law Commission of India was assigned the job of assembling a report on judicial administrati ...
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Disbarment
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be referred to as suspension. Australia In Australia, states regulate the Legal Profession under state law, despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association or the Law Society of which one is a member, or the board itself. Germany In Germany, a ''Berufsverbot'' is a ban on practicing a profession, which the government can issue to a lawyer for misconduct, ''Volksverhetzung'' or for serious mismanagement of personal finances. In April 1933, the Nazi government issue ...
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Reno Rules
The Reno Rules were ethical rules for federal prosecutors promulgated in the Code of Federal Regulations by then Attorney General Janet Reno. The rules, despite their issuance, lacked statutory authority and were unenforceable. ''See'' ''United States v. McDonnell Douglas Corp.'', 132 F.3d 1252 (8th Cir. 1998). The rules were passed in the wake of discussions about the Thornburgh Memo The Thornburgh Memo was a U.S. Department of Justice memorandum prepared by then Attorney General Richard Thornburgh, on June 8, 1989. The memo declared that state ethics rules were not binding upon federal prosecutors. It asserted that any complia .... They have since been supplanted by 28 U.S.C. § 530B. Law of the United States United States Department of Justice {{US-law-stub ...
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Thornburgh Memo
The Thornburgh Memo was a U.S. Department of Justice memorandum prepared by then Attorney General Richard Thornburgh, on June 8, 1989. The memo declared that state ethics rules were not binding upon federal prosecutors. It asserted that any compliance with state ethical rules by federal prosecutors conducting government investigations was strictly voluntary. While the memo was not legally binding, it represented a dramatic statement of the then executive branch's understanding of its ethical obligations as lawyers. When Janet Reno became Attorney General in 1993, the Justice Department backed away from the Thornburgh position. Instead, they promulgated the "Reno Rules," detailed in the Code of Federal Regulations In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. .... Those rules have si ...
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California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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American Bar Association Model Rules Of Professional Conduct
The American Bar Association's Model Rules of Professional Conduct (MRPC) are a set of rules and commentaries on the ethical and professional responsibilities of members of the legal profession in the United States. Although the MRPC generally is not binding law in and of itself, it is intended to be a ''model'' for state regulators of the legal profession (such as bar associations) to adopt, while leaving room for state-specific adaptations. All fifty states and the District of Columbia have adopted legal ethics rules based at least in part on the MRPC. In almost all U.S. jurisdictions, prospective attorneys seeking admission to a state bar are typically required to demonstrate knowledge of the MRPC by achieving a sufficiently high score on the Multistate Professional Responsibility Examination. Organization The MRPC is organized into eight major categories of rules (numbered 1 through 8), each of which contains up to 18 individual rules within, numbered using a decimal point ...
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State Supreme Court
In the United States, a state supreme court (known by #Terminology, other names in some states) is the supreme court, highest court in the State court (United States), state judiciary of a U.S. state. On matters of State law (United States), state law, the judgment of a state supreme court is considered final and binding in both state and federal courts. Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law can be appealed to the Supreme Court of the United States. Each state supreme court consists of a panel of judges selected by methods outlined in the State constitution (United States), state constitution. Among the most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures. Role and powers Under the s ...
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