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Zusatztext Whelan has written a book that anyone interested in the law should queue to buy. Informationen zum Autor Christopher Whelan is Associate Director of International Law Programmes and Member of the Faculty of Law at the University of Oxford, UK, Barrister at 3PB, UK, and Visiting Professor of Law at Washington and Lee University School of Law in Virginia, USA. Klappentext This book uses real-world examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how they tackle their conflicting duties, and highlights the 'tragic choices' lawyers everywhere routinely make through their 'power of decision'. What emerges are new ways of understanding the critical role lawyers play in society - and their professional responsibilities. 'Truth is so precious it should always be protected by a bodyguard of lies.' Churchill said this about wartime deception plans, but lawyers' clients may think their truth - especially an 'inconvenient truth' - is so precious it too should be protected. Lawyers are 'bodyguards of lies' when they use so-called 'tricks of the trade' not only to keep clients' secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty. The book presents a unique and fascinating account of what happens when lawyers' duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct. Vorwort Using real-world examples, case studies, and commentary from practitioners, this book reveals the many and varied strategies American and English lawyers use to protect truth. Zusammenfassung This book uses real-world examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth.It shows how they tackle their conflicting duties, and highlights the ‘tragic choices’ lawyers everywhere routinely make through their ‘power of decision’. What emerges are new ways of understanding the critical role lawyers play in society – and their professional responsibilities.‘Truth is so precious it should always be protected by a bodyguard of lies.’ Churchill said this about wartime deception plans, but lawyers’ clients may think their truth - especially an 'inconvenient truth' - is so precious it too should be protected. Lawyers are ‘bodyguards of lies’ when they use so-called ‘tricks of the trade’ not only to keep clients’ secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty. The book presents a unique and fascinating account of what happens when lawyers’ duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct. Inhaltsverzeichnis Foreword by Stephen Sedley, Lord Justice of Appeal 1999-2011 PART I SETTING THE SCENE: THE TRUTH ABOUT LIES 1. IntroductionI. 'The Truth, the Whole Truth, and Nothing but the Truth' II. Operation Mincemeat III. 'Corkscrew' Minds IV. A Hippocratic Oath for Lawyers? V. Lawyers, Truth and Justice VI. Tricks of the Trade VII. An Inconvenient Truth VIII. Why Tricks Matter IX. A Comparative Approach X. Structure of the Book 2. The Lawyer's Role: 'Hired Guns' or 'Heroes'? I. Defining Lying II. Defining Truth III. Virtuous Lying IV. 'Virtuous L(aw)y(er)ing' V. The Lawyer's Professional Responsibility - Protecting Clients? VI. Respect for Client Autonomy VII. Protecting Dignity and LibertyVIII. The Pervasiveness of Law IX. Are Lawyers 'Hired Guns' or 'Heroes'? X. Conclusions 3. Lawyers: A Divided Loyalty? I. Legal II. Ethical III. Moral IV. Conclusions PART II STRATEGIES TO PROTECT THE TRUTH 4. Keeping Confidentiality: Tragic Choices I. Tragic Choices II. Exceptions III. I...
