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The Legal Profession

The Legal Profession - The Legal Profession Education and...

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The Legal Profession: Education and Ethics Armin Meiwes (2003) Eating a victim from internet chatroom Vicitim consented 8 year sentense, retrial in 2005 Self-Regulation Founded in 1877 1878, 75 gentlemen founded the American Bar Association. Wanted to graph better laws, upgrade the profession, improve standard History of snobbery and bias Took reactionary stands on freedom of speech Lawyers should attest to loyalty with anti-communist oaths Promoted by ABA - code of professional ethics, but modeled after a state code that had been based on a book by a judge. There are 39 canons of professional ethics adopted in 1908. Based on Alabama state bar taken from David Hoffman and Georege Sharswood. When a lawyer is questioned for malpractice, investigation done by state bar association. The highest review is the state supreme court. Based on lawyers judging other lawyers Not considered double jeopardy when prosecuted by the state and the federal law and seperate legal actions In some states, must be a member of the bar in order to practice, to regulate profession. Weren't happy with forced membership because it infringed upon their rights and forced autonomy Issues that could subject lawyers to sanctions : Fees Fee Splitting - hear a case and refer it to someone else while still expecting payment Multiple representation - conflict of interest between the clients The proper way for a lawyer to proceed if not getting paid Lawyer sued his client for not paying him while he was still representing her Set up a legal ethics hotline where lawyers could call to find information on ethics Lawyers should not discuss legal matters with the judge without the other side of the case present (ex parte communication) Attorney-Client Privilege Belge Case (Late Pleasant Bodies Case) Robert Gero (38, Mechanic) Lawyer Frank Armani and Belge Fatally stabbed a man to death, charged with child molestation Wounded, captured, placed under armed guard in hospital Found bodies of two young women, one head removed in August 1973 Was the location of the bodies in the scope of the attorney client priviledge?
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