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Voice of Justice: Reclaiming the First Amendment Rights of Lawyers

Voice of Justice: Reclaiming the First Amendment Rights of Lawyers

Author: Margaret Tarkington
Publisher: Cambridge University Press
ISBN: 9781316600986
Published In: November 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The First Amendment rights of lawyers are ethereal. Most lawyers fail to realize that courts may deny them access to the First Amendment's protective shield in many regulatory and disciplinary contexts. Overall, attorneys cannot and should not assume that they can obtain First Amendment protection - especially when acting as an attorney in their role as an 'officer of the court'. Yet, it is precisely in the lawyering context - where attorneys engage in speech, association, and petitioning for the very purpose of securing client rights, invoking law, enabling the judicial power, and obtaining justice - that the need for First Amendment protection is the most acute. If regulators silence that voice, they silence justice. From overarching theory to specific real-world contexts, this illuminating book provides a critical resource for lawyers, judges, and scholars to understand the relationship between the First Amendment rights of lawyers and the integrity of the justice system.

Provides an overview of the state of the law, and an overarching theoretical treatment exploring the importance to the justice system itself of recognizing the First Amendment rights of lawyers
Assists lawyers and judges in appropriately protecting lawyers First Amendment rights in disciplinary proceedings
Fills a large theoretical gap in the cases and scholarship regarding the First Amendment rights of lawyers

Introduction

Part I. Understanding The Puzzle:

1. Do lawyers have First Amendment rights?

2. 'Speech is all we have'

3. Self-regulation: myth and reality

4. Attorneys as officers of the court and delegates of state power

Part II. Towards A Proper Methodology:

5. Core ideals of the First Amendment

6. Cognate inseparable rights

7. The access to justice theory

Part III. Protecting The Role Of The Attorney:

8. Freedom to form an attorney-client relationship