Model Rules of Professional Conduct PDF Download

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Steven P. Croley
Publisher: NYU Press
ISBN: 1479811971
Category : Law
Languages : en
Pages : 297

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Book Description
Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198

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Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Author: Gordon K. Mantler
Publisher: UNC Press Books
ISBN: 1469608065
Category : Social Science
Languages : en
Pages : 377

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Book Description
The Poor People's Campaign of 1968 has long been overshadowed by the assassination of its architect, Dr. Martin Luther King Jr., and the political turmoil of that year. In a major reinterpretation of civil rights and Chicano movement history, Gordon K. Mantler demonstrates how King's unfinished crusade became the era's most high-profile attempt at multiracial collaboration and sheds light on the interdependent relationship between racial identity and political coalition among African Americans and Mexican Americans. Mantler argues that while the fight against poverty held great potential for black-brown cooperation, such efforts also exposed the complex dynamics between the nation's two largest minority groups. Drawing on oral histories, archives, periodicals, and FBI surveillance files, Mantler paints a rich portrait of the campaign and the larger antipoverty work from which it emerged, including the labor activism of Cesar Chavez, opposition of Black and Chicano Power to state violence in Chicago and Denver, and advocacy for Mexican American land-grant rights in New Mexico. Ultimately, Mantler challenges readers to rethink the multiracial history of the long civil rights movement and the difficulty of sustaining political coalitions.

Author: Rebecca L. Sanderfur
Publisher: Emerald Group Publishing
ISBN: 1848552432
Category : Social Science
Languages : en
Pages : 288

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Book Description
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.

Author: Jim Newton
Publisher: Penguin
ISBN: 9781594482700
Category : Biography & Autobiography
Languages : en
Pages : 644

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Book Description
One of the most acclaimed and best political biographies of its time, Justice for All is a monumental work dedicated to a complicated and principled figure that will become a seminal work of twentieth-century U.S. history. In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren.

Author: Loïc Wacquant
Publisher: Duke University Press
ISBN: 0822392259
Category : Social Science
Languages : en
Pages : 410

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Book Description
The punitive turn of penal policy in the United States after the acme of the Civil Rights movement responds not to rising criminal insecurity but to the social insecurity spawned by the fragmentation of wage labor and the shakeup of the ethnoracial hierarchy. It partakes of a broader reconstruction of the state wedding restrictive “workfare” and expansive “prisonfare” under a philosophy of moral behaviorism. This paternalist program of penalization of poverty aims to curb the urban disorders wrought by economic deregulation and to impose precarious employment on the postindustrial proletariat. It also erects a garish theater of civic morality on whose stage political elites can orchestrate the public vituperation of deviant figures—the teenage “welfare mother,” the ghetto “street thug,” and the roaming “sex predator”—and close the legitimacy deficit they suffer when they discard the established government mission of social and economic protection. By bringing developments in welfare and criminal justice into a single analytic framework attentive to both the instrumental and communicative moments of public policy, Punishing the Poor shows that the prison is not a mere technical implement for law enforcement but a core political institution. And it reveals that the capitalist revolution from above called neoliberalism entails not the advent of “small government” but the building of an overgrown and intrusive penal state deeply injurious to the ideals of democratic citizenship. Visit the author’s website.

Author: Alexes Harris
Publisher: Russell Sage Foundation
ISBN: 1610448553
Category : Social Science
Languages : en
Pages : 265

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Book Description
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.

Author: Samuel Estreicher
Publisher: Cambridge University Press
ISBN: 1316654095
Category : Law
Languages : en
Pages : 757

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Book Description
Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.

Author: Jeffrey Reiman
Publisher: Routledge
ISBN: 131734295X
Category : Social Science
Languages : en
Pages : 296

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Book Description
Illustrates the issue of economic inequality within the American justice system. The best-selling text, The Rich Get Richer and the Poor Get Prison contends that the criminal justice system is biased against the poor from start to finish. The authors argue that even before the process of arrest, trial, and sentencing, the system is biased against the poor in what it chooses to treat as crime. The authors show that numerous acts of the well-off--such as their refusal to make workplaces safe, refusal to curtail deadly pollution, promotion of unnecessary surgery, and prescriptions for unnecessary drugs--cause as much harm as the acts of the poor that are treated as crimes. However, the dangerous acts of the well-off are almost never treated as crimes, and when they are, they are almost never treated as severely as the crimes of the poor. Not only does the criminal justice system fail to protect against the harmful acts of well-off people, it also fails to remedy the causes of crime, such as poverty. This results in a large population of poor criminals in our prisons and in our media. The authors contend that the idea of crime as a work of the poor serves the interests of the rich and powerful while conveying a misleading notion that the real threat to Americans comes from the bottom of society rather than the top. Learning Goals Upon completing this book, readers will be able to: Examine the criminal justice system through the lens of the poor. Understand that much of what goes on in the criminal justice system violates one’s own sense of fairness. Morally evaluate the criminal justice system’s failures. Identify the type of legislature that is biased against the poor.