Whelan - The Bodyguards of Lies: Lawyers' Power and Professional Responsibility

The Bodyguards of Lies: Lawyers' Power and Professional Responsibility

Medium: Buch

ISBN: 978-1-5099-5703-3

Verlag: HART PUB

Erscheinungstermin: 25.04.2024

65,00 € 60,75 € (zzgl. MwSt.)

vorbestellbar, Erscheinungstermin ca. April 2024

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.

Produkteigenschaften

Artikelnummer: 9781509957033
Medium: Buch
ISBN: 978-1-5099-5703-3
Verlag: HART PUB
Erscheinungstermin: 25.04.2024
Sprache(n): Englisch
Auflage: Erscheinungsjahr 2024
Produktform: Kartoniert, Paperback
Gewicht: 454 g
Seiten: 432
Format (B x H x T): 156 x 234 x 25 mm
Ausgabetyp: Kein, Unbekannt

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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.

Foreword by Stephen Sedley, Lord Justice of Appeal 1999-2011

PART I
SETTING THE SCENE: THE TRUTH ABOUT LIES
1. Introduction
I. '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 Liberty
VIII. 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. Inadvertent Disclosure

5. Lying with the Law: The Lecture

I. Anatomy of a Murder

II. Advice on the Law

III. Answering Questions
IV. Advice on Law Enforcement

V. Advice on Evidence - Coaching

VI. Baron & Budd - Getting Away With It?

6. The Inconvenient Truth: Selective Ignorance and Wilful Blindness
I. A Time to Kill

II. The 'Buried Bodies' Case and Mecca v McClure

III. Perjury

IV. 'None of My Business'

V. Inferences

VI. Expertise

7. Licence to Lie

I. Default

II. Official Sanctions

III. Contracts of Silence: Secret Settlements and NDAs

8. Exploring the Outer Space of Law

I. Legal Realism and the Indeterminacy of Law

II. Stare Decisis

III. Non-Positive Law

IV. An Arguable Case
V. Private Law-Making - Test Cases

VI. Fidelity to Law

9. Creative Compliance

I. The Techniques of Creative Compliance

II. Enforceability

III. Will Creative Compliance Survive?

IV. Creative Compliance - Ethical or Not?

10. Lying with the Sword of Truth and the Dagger of Deceit

I. The Sword of Truth

II. The Dagger of Deceit

III. Economical with the Truth

11. The Smoking Gun

I. Discovery/Disclosure

II. Whistleblowers and Gatekeepers

III. Strategies

12. A Sporting Chance? Courtroom Tactics in a Criminal Context

I. A Sporting Chance?

II. Keeping Evidence Out

III. Challenging Adverse Evidence

IV. Presenting an Alternative View - The 'SODDI' Defence

V. The 'Cockroach' Defence - Trial by Ordeal

VI. Playing the Judge

VII. Victim-Blaming

VIII. Ethical or Not?

IX. Reasonable Doubt - The Twilight Zone

X. Some Conclusions

13. Effective Advocacy

I. Playing the Jury

II. Preparation - The 'Dream Team'

III. Cross-Examination

IV. Tools of Persuasion

V. Spin-Doctoring

VI. Challenging the Expert

VII. Opening and Closing Speeches

VIII. Jury Nullification (US) - Jury Equity (EW)

14. Courting the Court of Public Opinion

I. Kobe Bryant - Again

II. Public Opinion

III. Trial Publicity Rules

IV. Super-Injunctions, Anonymity Injunctions and Hyper-Injunctions

PART III
BODYGUARD ETHICS
15. The Dynamics of Decision-Making: The Pit and the Pendulum

I. The Pit

II. The Pendulum - Crossing the Line
III. The Challenge

16. The Dynamics of Ethical Judgment

I. The Missing Link

II. The Three-legged Stool - Clients, Courts and Conscience

III. The Fox and the Hedgehog

IV. Thinking Like a Lawyer

V. The Application of Ethical Discretion

VI. The Conscience of a Lawyer

PART IV
CONCLUSIONS
17. Bodyguards of Lies: Power and Responsibility

I. Rule of Law - Rule of Lawyers

II. An Oligarchy of Bodyguards

III. Power

IV. First-Class Lawyering

V. A Modified Standard Conception of Lawyers' Ethics

VI. An Oligarchy of Ethical Lawyers: Obedience to the Unenforceable

The Bodyguards of Lies: Lawyers' Power and Professional Responsibility

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