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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.
Learning Professional Responsibility engages students by offering colorful, real-life examples of how the Professional Responsibility rules guide and regulate lawyers in the everyday practice of law. This textbook deconstructs the ethics rules and bypasses long case-law narratives in favor of clear examples and illustrations drawing on ethics opinions, current events and lawyer news, online commentary, and court decisions. This second edition further highlights cutting-edge issues in professional responsibility, including topics such as the scope of representation, the duty of candor, conflicts, and the duty to protect client confidences in electronic formats.
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
What does professional responsibility entail in an increasingly insecure, unpredictable and de-regulated world? This is the core question addressed in this text. The point of departure for the various contributions is that professional responsibility is a way of being in the world that includes a particular mandate – to behave in a manner consistent with moral and societal obligations as a professional. Increasingly, however, there is a lack of consensus as to what such mandates imply, and even more dissensus as to what appropriate exercise of responsibility entails. One of the distinctive features of this book is the manner in which it combines normative and empirical dimensions. It moves beyond dualistic perspectives to create a more inclusive conversation on professional responsibility. In the face of increasing complexity of professional work, professional responsibility remains open to further development. The book signals direction for the development of professional responsibility, and while seeking to give direction to ongoing deliberations avoids the pitfalls of performativity. The chapters are grounded in a variety of disciplinary perspectives and traverse various professional boundaries in a self-reflexive manner to create more inclusive, transformative and generative narratives on professional responsibility. This is achieved by: Focusing on normative dimensions of professional work and combining these with a focus on empirical aspects of professional practice in a variety of setting, and Recognising the inevitable tensions between personal trust and responsibility, and largely depersonalised policies and strategies of quality control when normative and empirical aspects of professional responsibility are situated within their policy environments. The concluding narrative moves beyond deconstruction, complexity and critique of these considerations to a construction of new imagined horizons of professional responsibility from theoretical, conceptual and practical perspectives. This text sets out to transform professional responsibility through a re-configuration of its constituent elements in imaginative and creative ways and by indicating the ‘real world’ import of re-charting the field.
The professional code of the General Teaching Council lists eight new standards, each of them analysed here in detail using questions and activities to describe what trainee teachers need to know, understand and demonstrate as they work towards Qualified Teacher Status. Each of the eight standards cover the following issues: expectations, diversity and achievement personal and professional values values in the classroom values, rights and responsibilities in the wider community the community of the school professional relationships personal and professional development professional responsibility. This practical and jargon-free guide features an extensive range of examples and suggestions for further reading, designed to help those in their early professional development.
This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."
Responsibility and professionalism are increasingly issues of concern for professional associations, employers and educators alike. When bad things happen, professionals are often held personally accountable for complex situations. Professional Responsibility and Professionalism advances our approaches to professional responsibility from individual-centred, virtue-based prescriptions towards understanding and responding effectively to the multifaceted challenges encountered today by professionals working in dynamic complexity. The author applies a sociomaterial examination to specific examples drawn from different professional contexts of practice. She examines important implications for what professional responsibility and accountability might mean individually and collectively, and what it might be becoming when demands increasingly conflict, and when we accept that capacities for action are performed into existence in emergent and precarious webs of both human and non-human forces. The chapters explore some of the most prominent questions in professional responsibility, including: What does professional responsibility, and accountability, mean in the escalating complexities and conflicts confronting today’s professionals? How does professional responsibility become developed and enacted, and through what social and material entanglements? How should responsibility be determined in multi-agency and interprofessional practice? What happens when professional decisions are delegated to software algorithms and diagnostic instruments? How are new governing regimes of professional work, such as innovation imperatives, excessive audit and logics of blame and scapegoating, reconfiguring responsibility? How can professionals respond simultaneously to individuals in need, the obligations of their profession, the demands of their employer and an anxious society? A major concern addressed by each chapter, and the book as a whole, is educating professionals in and for responsibility. Specific dilemmas and strategies are offered for educators in universities, workplaces and professional development contexts who seek new approaches to helping professionals learn to critically understand and practise responsibility today. This book will appeal to a wide audience of education researchers and post-graduate students studying professional practice, professionalism and education across a wide range of disciplines. Health professionals, professionals working in private practices, such as law, architecture and engineering, newer professions such as social work and policing, and educational professionals at all levels will find stories and strategies reflecting key issues of their practice in this detailed exploration of professional responsibility and accountability.
By reconsidering the nature of professional work, renowned scholar Douglas E. Mitchell argues for reconceptualizing educational practices and institutional structures in ways that facilitate and protect educator professional responsibility. This book explores ways educators and their political supporters can seize the social and political power necessary to accept professional responsibility for the design of their work environment. Chapters explore how unionization, ethics, public values, political power, school reform, and trust play an important role in the essence of professional responsibility in schools, arguing that we must use organization, management, and accountability mechanisms to encourage responsible civic participation and professional action in support of public education. This new text for graduate studies in teacher and leadership training frames a much needed analysis of where and how professional responsibility for public education is best incorporated into the work roles of teachers, administrators, and university scholars.
Each new headline about American students' poor performance in math and science leads to new calls for reform in teaching. Education Teachers of Science, Mathematics, and Technology puts the whole picture together by synthesizing what we know about the quality of math and science teaching, drawing conclusions about why teacher preparation needs reform, and then outlining recommendations for accomplishing the most important goals before us. As a framework for addressing the task, the book advocates partnerships among school districts, colleges, and universities, with contributions from scientists, mathematicians, teacher educators, and teachers. It then looks carefully at the status of the education reform movement and explores the motives for raising the bar for how well teachers teach and how well students learn. Also examined are important issues in teacher professionalism: what teachers should be taught about their subjects, the utility of in-service education, the challenge of program funding, and the merits of credentialing. Professional Development Schools are reviewed and vignettes presented that describe exemplary teacher development practices.
This book discusses the significance, relevance, and usefulness of professional ethics in the context of higher education. It highlights the pivotal role of professional ethics in offering teachers a better understanding of their responsibilities, duties, rights, and institutional obligations as they work to provide quality education. The volume investigates the connection between the adoption of professional ethics by individual faculty members in higher education and the development of work cultures in higher educational institutions. It explores the requisite modifications of the Teachers’ Code of Ethics in relation to the usage of Information and Communication Technologies (ICTs) in teaching–learning platforms. While examining the validity, reliability, and application of professional ethics in the higher education sector, the book also illustrates the application of codes of ethics to resolve conflicting interests and commitments. This book will be useful to scholars and researchers in higher education, the philosophy of education, applied ethics, public policy, and the social sciences.