Legal Professional Ethics

The publication of this book will deepen current discussions on legal ethics. The book analyzes this subject and categorizes it. The analysis in this book employs specific legal contexts and philosophers' argumentation methods to explain some important issues. It demonstrates that this subject is not purely theoretical. It affects people's legal rights, just as those rights are invoked in a massive number of litigation cases. The categorized issues, citations of statutory provisions, cases, and important articles all make this book a valuable research tool.

Who is this book suitable for? For judges and attorneys, this is an extremely useful book. It provides guiding principles, especially for professional legal associations. For legal scholars, this book offers important research materials. Personally, I believe this book should be listed as required reading for law students. It is also a very useful reference book for newly minted attorneys. In short, within the professional field to which this book belongs, it is a very useful research tool and can even serve as supporting documentation in litigation. I believe the general public will also find this book interesting.

Author: Sir Fred Phillips
Translators: Pan Wei-Ta, Huang Hsin-I, Yao Meng-Chang, Yen Hua-Hsin, Kao Jung-Chih

Foreword

The establishment of the Caribbean Court of Justice has highlighted the necessity for legal scholars in the Caribbean region to further study and develop legal discourse within this area. Undoubtedly, ethical issues concerning legal professionals are currently receiving keen attention in the Caribbean region and around the world. There is an increasing number of cases involving complaints against attorneys, and considerable discussion has already taken place. Some issues affect the enforcement of the judiciary in general, while others involve the contractual and professional relationship between attorneys and clients. Some discussions also focus on the development of efficient practices for attorneys. Furthermore, commentators are re-examining the philosophical foundations behind these issues and related problems. This book by Sir Fred encompasses in-depth and rigorous critiques of these and many other issues.

Recently, there has been a growing emphasis on judicial reform throughout the Caribbean region. Judicial reform is considered a necessary means to maintain social stability and promote economic development. Needless to say, judicial reform cannot succeed without a corresponding and similar development within the legal profession. Moreover, because the more vital objective of the courts—achieving justice through the cooperation of attorneys and litigants—is realized, the professional ethics of attorneys is of fundamental importance. Such an objective brings new and different burdens to the legal profession.

An intriguing aspect of this book is that the author connects the principles under review with earlier academic theories by referencing carefully selected commentaries by renowned jurists, philosophers, and historians. He brings an academic foundation to this subject while presenting its development in legal theory and thought.

This book also explores a subject that requires clarification. The publication of this book will deepen current discussions on legal ethics. The book analyzes this subject and categorizes it. The analysis in this book employs specific legal contexts and philosophers' argumentation methods to explain some important issues. It demonstrates that this subject is not purely theoretical. It affects people's legal rights, just as those rights are invoked in a massive number of litigation cases. The categorized issues, citations of statutory provisions, cases, and important articles all make this book a valuable research tool.

In discussing the issue of access to justice, this important constitutional principle provides policymakers in the executive branch, judicial branch, and professional legal associations with useful insights. The analysis of legal aid systems and attorney fee structures inspires discussions on related topics and provides meaningful guiding principles. As for the extent to which attorneys are, or should be, immune from legal liability for client losses caused by their professional conduct, this issue becomes increasingly important with the rise in clients' legal awareness. This book connects the discussion to engaging commentaries, research reports, and numerous judicial decisions. Discussions on professional responsibility for attorneys are inspired by common law rules on negligence, contract, trusts, and other issues. Such discussions are grounded in legal theory and provide important research methodologies.

Regarding wasted costs orders made by courts against attorneys for unnecessary litigation expenses caused by their improper litigation conduct, this is one of the ways the judicial system disciplines attorneys and regulates their behavioral duties in litigation. Regarding the legitimacy and feasibility of such judicial practice, many interesting philosophical considerations are related to this subject. Sir Fred's commentary on the legitimacy foundation of such court orders makes a significant contribution to this important issue.

However, many important issues have not yet received sufficient discussion. One of these involves the public interest and relates to the duty of confidentiality and legal professional privilege in the law of evidence when handling cases of complaints against attorneys. Sir Fred explores public policy issues, statutory responsibilities, and the regulatory framework of professional legal privilege under several specific cases. The research in this book deepens the discussion on this issue.

The issue of conflict of interest involves the well-being of many members of society. Many theories of legal ethics revolve around this issue. However, perhaps more importantly, this is also an issue that affects the daily routine practice of legal practitioners. Sir Fred examines in detail many practical problems affecting practitioners, such as conflicts of interest in real estate conveyancing, conflicts of interest when an attorney's two or more clients have disputes with each other, and complex conflicts of interest arising from the handling of family law matters. Significant ethical, professional, and legal liability issues resulting from gifts and mortgage creations between certain attorneys and clients have raised numerous concerns. The author does not omit the new problems and complex issues arising under the contemporary financial services industry.

Sir Fred does not shy away from the concerns raised by those calling for improvements to mechanisms for disciplining and complaining against attorneys. The author reviews the self-regulation of the legal profession and disciplinary procedures in this book, provides cases, and cites legislative examples from other countries to analyze viable options. Along the same vein, the author also discusses the code of judicial ethical conduct. He selects legislative examples from several countries as the basis for comparative law research. The author provides useful research and critique while addressing some of the commandment norms behind these professional codes of conduct.

The chapter in this book discussing legal ethics in criminal proceedings is quite engaging. Literature typically does not cover this subject extensively. However, the issues mentioned therein reveal that they are well worth in-depth examination and analysis. The author illustrates several dimensions of this issue and provides quite useful and detailed research. In the text, the author explores the roles and functions of prosecutors and criminal defense counsel, factors influencing counsel's withdrawal from representation, and the legal effects of the duty of confidentiality. In the chapter discussing ethics, the author compares the systems of the United Kingdom and other emerging countries. The article also discusses several concepts, including fair trials, police powers, and plea bargaining, all of which are crucially important issues.

Alternative dispute resolution mechanisms, as a means to improve judicial efficiency, are also introduced in detail in this book, including current intellectual currents and an evaluation of future development trends in mediation systems.

The discourse in this book highlights relevant parliamentary statutes and case law. The author emphasizes relevant academic literature and points out the contentious points forming the debate on the issue. Another important and useful aspect is that this book frequently references legal developments in this field. The record of the reform process in this field provides important guiding principles for us in the Caribbean region and other countries. The author's writing style is clear and precise. Although the author is an attorney, I believe any reader with good reading skills can appreciate the essence of this book.

Who is this book suitable for? For judges and attorneys, this is an extremely useful book. It provides guiding principles, especially for professional legal associations. For legal scholars, this book offers important research materials. Personally, I believe this book should be listed as required reading for law students. It is also a very useful reference book for newly minted attorneys. In short, within the professional field to which this book belongs, it is a very useful research tool and can even serve as supporting documentation in litigation. I believe the general public will also find this book interesting.

Sir Fred has authored numerous works and continues to create unceasingly with no sign of stopping. I hereby extend my most sincere congratulations to Sir Fred on the completion of this important work in the field of legal ethics.

Sir Dennis Byron　Congratulations

Table of Contents

Foreword / Ch'en Chuan-Yueh　1
Laying the Ethical Foundation for Democracy and the Rule of Law / Huang Jui-Ming　3
Foreword / Dennis Byron　7
Acknowledgments / Fred Phillips　11
Chapter 1 The Crisis of Legal Ethics　001
Chapter 2 Is Law a Business or a Profession?　013
Chapter 3 Access to Justice　029
Chapter 4 Immunity from Professional Negligence　049
Chapter 5 Professional Responsibility of Attorneys　061
Chapter 6 Wasted Costs Orders　077
Chapter 7 Confidentiality and Legal Professional Privilege　101
Chapter 8 Conflict of Interest and Information Barriers ("Chinese Walls")　123
Chapter 9 Self-Regulation and Discipline of Legal Professionals　155
Chapter 10 Legal Ethics in Criminal Proceedings　181
Chapter 11 Alternative Dispute Resolution Mechanisms　207
Chapter 12 Conclusion　229