Legal Profession Law

Lawyers on Trial: Hired Guns or Heroes? 2nd Edition

By Christopher Whelan
Hart Publishing November 2024

Specifications

ISBN-13
9781509977598
Publisher
Hart Publishing
Publication
November 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

NB. This book is a new edition, retitled, with new content, of Christopher Whelan's The Bodyguards of Lies

Whelan has written a book that anyone interested in the law should queue to buy - The Times

Lawyers are universally unpopular but is that justified? Aren't lawyers necessary for justice? This book uses real-world examples, case studies, and commentary from practitioners to answer this question and to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how lawyers tackle their conflicting duties, and highlights the 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. This new edition considers the litigation surrounding Donald Trump and the role played by his lawyers. It includes a new chapter on SLAPPs and the way the law is used to advance clients' interests. It considers the role lawyers have played in recent miscarriages of justice in the UK (including the Post Office's Horizon scandal) and in Australia (including the overturning of Kathleen Folbigg's conviction).

'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.

This 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.

Table of Contents

Part I: Hired Guns or Heroes: The Ethical Conundrum
1. Lawyers Ethics: Oxymoron or Heart of the Matter?
2. Bodyguards of Lies
3. Virtuous Lying
4. The Ethical Conundrum

Part II: Tricks of the Trade
5. Squelching Truth
6. The Lecture
7. Turning a Blind Eye
8. Contracts of Silence
9. Private Law-Making
10. Creative Compliance
11. Lawfare: Gaming the System
12. The Sword of Truth and the Dagger of Deceit
13. The Smoking Gun
14. A Sporting Chance? Criminal Trial Tactics
15. Effective Advocacy
16. Courting the Court of Public Opinion

Part III: The Final Verdict
17. The Ethical Compass
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