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Ethics of Representing Organizations Legal Fictions for Clients by Susan *NEW

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Item specifics

Condition
Brand New: A new, unread, unused book in perfect condition with no missing or damaged pages. See all condition definitionsopens in a new window or tab
ISBN
9780195371543

About this product

Product Identifiers

Publisher
Oxford University Press, Incorporated
ISBN-10
0195371542
ISBN-13
9780195371543
eBay Product ID (ePID)
70939860

Product Key Features

Number of Pages
440 Pages
Language
English
Publication Name
Ethics of Representing Organizations Legal Fictions for Clients
Subject
Ethics & Professional Responsibility, Business Ethics, Organizational Behavior, Legal Profession
Publication Year
2009
Type
Textbook
Author
Susan J. Martyn, Lawrence Fox
Subject Area
Law, Business & Economics
Format
Hardcover

Dimensions

Item Height
1.3 in
Item Weight
25.4 Oz
Item Length
6.1 in
Item Width
9.3 in

Additional Product Features

Intended Audience
Scholarly & Professional
LCCN
2009-007275
TitleLeading
The
Dewey Edition
22
Reviews
"In this illuminating and provocative book, Professors Fox and Martyn lay out useful guideposts to help lawyers navigate through the complexities, conundrums and uncertainties that stem from representing organizational clients. Through clear exposition of real-world dilemmas and thoughtful analysis of possible solutions, The Ethics of Representing Organizations will serve as an invaluable and thought-provoking resource for even the most experienced lawyers. Readers of this book will have a considerable advantage in meeting professional obligations and their clients' expectations. The authors have provided a work of scholarly merit and practical benefit to individual lawyers and the legal profession as a whole." ---Kenneth C. Frazier President, Global Human Health Merck & Co., Inc. "A concise and crisp guide for staying out of trouble in the complex world of modern practice." ---Geoffrey C. Hazard Trustee Professor, University of Pennsylvania Law School Professor Emeritus, Yale Law School, "Larry and Susan have done it again! Their latest, The Ethics of Representing Organizations, is presented in an easy-to-use chronological format that alerts the reader to the ethical pitfalls that can arise at every step of entity representation. The first-person musings used to introduce each topic help the reader understand how the Rules apply to real-life situations. Who says ethics is boring? This is an informative read that is downright entertaining." -Paula Frederick, Deputy Counsel, State Bar of Georgia, "In this illuminating and provocative book, Professors Fox and Martyn lay out useful guideposts to help lawyers navigate through the complexities, conundrums and uncertainties that stem from representing organizational clients. Through clear exposition of real-world dilemmas and thoughtful analysis of possible solutions, The Ethics of Representing Organizations will serve as an invaluable and thought-provoking resource for even the most experienced lawyers. Readers of this book will have a considerable advantage in meeting professional obligations and their clients' expectations. The authors have provided a work of scholarly merit and practical benefit to individual lawyers and the legal profession as a whole." ---Kenneth C. Frazier President, Global Human Health Merck & Co., Inc.
Illustrated
Yes
Dewey Decimal
174/.30973
Synopsis
The Ethics of Representing Organizations: Legal Fictions for Clients The first half of the book explores professional responsibility issues from the perspective of the lawyer's duty to represent clients zealously within the bounds of the law. It examines the fiduciary and other ethical duties lawyers owe to their clients in the context of representing legal fictions, which includes the identification of an entity client, followed by what the authors call "the five C's," or fiduciary duties owed clients: competence, communication, client control,confidentiality, and conflict resolution. The authors then detail the legal bounds beyond which lawyers cannot pass in representing clients, paying careful attention to crimes and frauds, as well as duties imposed by tribunals and obligations of fairness to third parties. This section concludes with an examinationof the various legal remedies clients and third parties may seek for breaches of lawyer obligations, including professional discipline, malpractice, disqualification, fee forfeiture, procedural sanctions and criminal accountability. The second half of the book is devoted to the ethical problems that arise in particular organizational settings. Publicly held companies, not for profits, unincorporated associations, partnerships and business start-ups all raise their own special ethical dilemmas, and each is considered in turn. Finally, the authors offer a checklist of "do's and don't's," special practice-oriented pointers that a lawyer for any organization should keep in mind. On a stylistic note, the approach of the book is relatively informal-in comparison to a standard legal treatise-and uses a question-and-answer format designed to make the book as practical, accessible and informative as possible. That said, ample footnotes provide authority where appropriate and lead the reader to suggestions for more in-depth study., Whether a company, organization, entity, family business, a publicly held corporation, non-profit, or even the government, the legal representation of an organization is rarely as straightforward as representing a single person. The client in such cases is a construct-a legal fiction-that often operates through many individuals with different roles, views, and interests, and therefore requires an attorney to consider any number of special professional-responsibility issues. The Ethics of Representing Organizations: Legal Fictions for Clients is the first book to practically address ethics within the special context of representing entities. Fox and Martyn have combined their extensive legal knowledge and designed an accessible aid for attorneys-whether in the representation of an organization as outside counsel or as in-house counsel-in this increasingly important and complex but often-neglected process. The Ethics of Representing Organizations not only outlines ethical duties for lawyers, but also includes strategic remedies and suggestions for ethical problems as they arise.
LC Classification Number
KF306.F687 2009

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