Relevant bibliographies by topics / Legal ethics – Wales

Academic literature on the topic 'Legal ethics – Wales'

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Published: 25 July 2024
Last updated: 31 July 2024

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Journal articles on the topic "Legal ethics – Wales"

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Sherr, Avrom, and Lisa Webley. "Legal ethics in England and Wales." International Journal of the Legal Profession 4, no. 1-2 (March 1997): 109–38. http://dx.doi.org/10.1080/09695958.1997.9960428.

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Griffiths-Baker, Janine. "Reviewing Legal Ethics and Legal Education in England and Wales—An Unenviable Task?" Legal Ethics 10, no. 2 (January 2007): 121–23. http://dx.doi.org/10.1080/1460728x.2007.11423887.

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Jones, RG. "Ethical and legal issues in the care of people with dementia." Reviews in Clinical Gerontology 11, no. 3 (August 2001): 245–68. http://dx.doi.org/10.1017/s0959259801011364.

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This paper addresses some ethical and legal issues which arise in the UK in the care of people with dementia, focusing on the law in England and Wales – updating and revising the 1997 and earlier version. The ‘end of medical ethics’ continues to be debated, with an attendant fear of doctors’ responsibility and authority being fatally eroded by administrators and cost controllers, concerned only with budgets and ‘bureaucratic parsimony’.
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Madhloom, Omar. "A Kantian Moral Cosmopolitan Approach to Teaching Professional Legal Ethics." German Law Journal 23, no. 8 (October 2022): 1139–57. http://dx.doi.org/10.1017/glj.2022.74.

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AbstractThis article argues that given the globalization of legal education and legal services, professional legal ethics should incorporate not only a cosmopolitan dimension but also sentiments such as compassion, respect, and sensitivity for human suffering. Inspired by the philosophy of Immanuel Kant and his theory of education, this article seeks to address some of the limitations of the professional codes of conduct for barristers and solicitors, in England and Wales, by applying a moral cosmopolitan approach to the teaching of professional legal ethics. This normative approach is underscored by a commitment to moral duties to persons irrespective of their nationality, gender, religion, or any other defining characteristic. These duties include promoting client autonomy and engaging in law reform. This article also argues that Clinical Legal Education programs are an appropriate methodology for teaching moral cosmopolitan ethics.
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Taylor, Richard, and Jessica Yakeley. "Working with MAPPA: ethics and pragmatics." BJPsych Advances 25, no. 3 (February 11, 2019): 157–65. http://dx.doi.org/10.1192/bja.2018.5.

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SUMMARYMulti-agency public protection arrangements (MAPPA) have been in operation for around 18 years in England and Wales. The primary purpose is for the sharing of information between agencies regarding the risk management of offenders returning to the community from custodial and hospital settings. The legal framework regarding information by psychiatrists is not dealt with in one single policy or guidance document. Psychiatrists must use their clinical and professional judgement when engaging with the MAPPA process, mindful of guidance available from professional bodies such as the Royal College of Psychiatrists, General Medical Council and British Medical Association.LEARNING OBJECTIVESAfter reading this article you will be able to: •Learn the legal and political background that led to the formation of MAPPA•Understand the structure and function of MAPPA•Understand the role of psychiatrists in the MAPPA processDECLARATION OF INTERESTR.T. is a member of the London Strategic Management Board for MAPPA.
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Doran, Evan, Jennifer Fleming, Christopher Jordens, Cameron L. Stewart, Julie Letts, and Ian H. Kerridge. "Managing ethical issues in patient care and the need for clinical ethics support." Australian Health Review 39, no. 1 (2015): 44. http://dx.doi.org/10.1071/ah14034.

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Objective To investigate the range, frequency and management of ethical issues encountered by clinicians working in hospitals in New South Wales (NSW), Australia. Methods A cross-sectional survey was conducted of a convenience sample of 104 medical, nursing and allied health professionals in two NSW hospitals. Results Some respondents did not provide data for some questions, therefore the denominator is less than 105 for some items. Sixty-two (62/104; 60%) respondents reported occasionally to often having ethical concerns. Forty-six (46/105; 44%) reported often to occasionally having legal concerns. The three most common responses to concerns were: talking to colleagues (96/105; 91%); raising the issue in a group forum (68/105; 65%); and consulting a relevant guideline (64/105; 61%). Most respondents were highly (65/99; 66%) or moderately (33/99; 33%) satisfied with the ethical environment of the hospital. Twenty-two (22/98; 22%) were highly satisfied with the ethical environment of their department and 74 (74/98; 76%) were moderately satisfied. Most (72/105; 69%) respondents indicated that additional support in dealing with ethical issues would be helpful. Conclusion Clinicians reported frequently experiencing ethical and legal uncertainty and concern. They usually managed this by talking with colleagues. Although this approach was considered adequate, and the ethics of their hospital was reported to be satisfactory, most respondents indicated that additional assistance with ethical and legal concerns would be helpful. Clinical ethics support should be a priority of public hospitals in NSW and elsewhere in Australia. What is known about the topic? Clinicians working in hospitals in the US, Canada and UK have access to ethics expertise to help them manage ethical issues that arise in patient care. How Australian clinicians currently manage the ethical issues they face has not been investigated. What does this paper add? This paper describes the types of ethical issues faced by Australian clinicians, how they manage these issues and whether they think ethics support would be helpful. What are the implications for practitioners? Clinicians frequently encounter ethically and legally difficult decisions and want additional ethics support. Helping clinicians to provide ethically sound patient care should be a priority of public hospitals in NSW and elsewhere in Australia.
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Marks, M. N., and R. Kumar. "Infanticide in England and Wales." Medicine, Science and the Law 33, no. 4 (October 1993): 329–39. http://dx.doi.org/10.1177/002580249303300411.

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In England and Wales children under one year of age are at four times greater risk of becoming victims of homicide than either older children or the general population. The annual rate of infant homicide (45 per million) has remained relatively constant since the Homicide Act (1957) in contrast with a progressive fall in the infant mortality rate. Details from Home Office records of all infants under a year who were the victims of homicide during 1982–1988 are presented. Infants were most at risk on the first day of life — neonates accounted for 21% of victims and 13% of the victims were between one day and one month old. Thereafter the proportion decreased steadily so that by the final quarter of the first year the risk of becoming a homicide victim equalled that of the general population. Excluding neonates, there were more male victims than female ones, especially in the first three months. A parent was the most likely perpetrator. For all neonaticides the mother was recorded as a suspect, 36% of these mothers were subsequently indicted, all but two were convicted of infanticide and all their convictions resulted in probation. For children over a day marginally more fathers than mothers were recorded as the prime suspect. Mother and father suspects were equally likely to be indicted and also equally likely to be convicted of a homicide offence. However, mothers received both less severe convictions and less severe sentences than fathers. Fathers were more likely than mothers to have killed their infants using violence which wounded. Nonetheless sentences were unrelated to the brutality of the offence: mothers who had killed with wounding violence received less severe penalties than fathers who had killed in a non-wounding way.
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Menezes, S. B., F. Oyebode, and M. S. Haque. "Mentally disordered offenders in Zimbabwe and in England and Wales: a socio-demographic study." Medicine, Science and the Law 47, no. 3 (July 2007): 253–61. http://dx.doi.org/10.1258/rsmmsl.47.3.253.

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Our aim was to compare socio-demographic, clinical and criminal characteristics of mentally disordered offender patients in a special institution in a developing and a developed country. Zimbabwe data from 1980-1990 was obtained from a hospital patient survey, in a written semi-structured format. The English special (high security) hospital patients' data for the same period was obtained from the case register. The sample size for Zimbabwe was 367 patients (337 males, 30 females) and for England and Wales it was 1,966 patients (1,643 males, 323 females). The average age for Zimbabwean patients was 36 years, with standard deviation of 9.7; for England and Wales the average age was 29.7 with standard deviation of 9.6. There was significant difference in marital status in the two countries. Seventy-eight per cent of patients were single in England and Wales, compared with 49% in Zimbabwe. There were 20% illiterate patients in Zimbabwe, compared with 4% in England and Wales. Thirty-seven per cent of the patients in England and Wales had a diagnosis of personality disorder, compared with 6% in Zimbabwe. There were 53% of homicides in Zimbabwe, compared with 20% in England and Wales. Employment in the two countries was similar: 34% in Zimbabwe and 33% in England and Wales. There were differences in the socio-demographic characteristics in the two countries, except for employment status. Differences were also noticed in the diagnoses of the patients, types of crime and the methods of assault.
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Andoh, Benjamin. "The Informal Patient in England and Wales." Medicine, Science and the Law 40, no. 2 (April 2000): 147–55. http://dx.doi.org/10.1177/002580240004000211.

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The informal status of a patient is a very important topic because the vast majority of mental patients in hospital are informal. The origins of the status are traced to the Royal Commissions of 1924–6 and 1954–7 which recommended voluntary admissions and informal admissions, respectively. It is pointed out, inter alia, that it is only generally true to say the informal patient has consented to admission and cannot be treated without his or her consent because exceptionally he or she can be given such treatment, e.g. on the grounds of necessity, as held by the House of Lords in R v Bournewood Community and Mental Health Trust (1998) and that today there are two types of informal patients: those who can, and do, consent to admission, and those who cannot consent to admission, but do not show willingness to leave hospital. It is argued that there is only a power under the Mental Health Act 1983 to admit patients informally. Finally, the informal patient's consent to admission, consent to treatment, other rights, leaving hospital, and how his or her position can be improved are looked at.
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Prins, Herschel. "Inquiries after Homicide in England and Wales." Medicine, Science and the Law 38, no. 3 (July 1998): 211–20. http://dx.doi.org/10.1177/002580249803800306.

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Recent instruction from the Department of Health requires the institution of an independent inquiry into all cases of homicide committed by those who have been in contact with the psychiatric services. The background to this instruction is explored briefly within the context of more general concerns about violence and homicide, and the advantages and disadvantages of such inquiries are discussed.
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Dissertations / Theses on the topic "Legal ethics – Wales"

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Hall, Katherine Helen. "Mind the gap : psychological jurisprudence and the professional regulation of lawyer dishonesty." Phd thesis, 2011. http://hdl.handle.net/1885/151226.

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This thesis considers the role of professional regulation in disciplining lawyer dishonesty. It defines dishonesty as acts done, whether at the suggestion of a partner, a client or another lawyer, that enable a client to act dishonestly. In particular, it focuses upon the professional norms, practices and rules that regulate large firm lawyer misconduct in Australia. As the size and sophistication of law firms has grown, so too has evidence of lawyers being complicit in the dishonest actions of their clients. This thesis examines how lawyers working within these environments navigate the practical and psychological challenges of acting honestly for their clients. It undertakes a theoretical inquiry into both the importance of lawyer honesty and the often conflicting norms and pressures of large firm practice . It also draws upon research in cognitive and social psychology to develop an empirically-grounded framework for lawyers' decisions to act dishonestly. In particular, it focuses upon the role of rationalisations in encouraging a pragmatic approach to clients' dishonest acts, especially in the context of the complexities and ambiguities of commercial legal practice. In the continuing absence of a national regulatory scheme governing the legal profession in Australia, the thesis focuses upon the disciplinary system operating in New South Wales and undertakes a theoretical inquiry into the importance of regulating lawyer dishonesty and an empirical study of NSW disciplinary cases to understand how lawyer dishonesty is dealt with by the professional and regulatory bodies in that state. It shows that significant gaps exist in the current regulatory scheme, particularly in the context of "who" disciplinary actions are brought against, "what" misconduct actions are for and "how" practitioners are dealt with. It argues that these gaps undermine the legitimacy of the regulatory anddisciplinary systems, which have as their goal providing a consistent scheme for the regulation of lawyers and the enforcement of standards of competence and honesty across the legal professlon. Finally, the thesis considers whether the regulatory regime governing professional misconduct in NSW can be effectively used to improve the standard of large firm lawyer honesty. It argues "yes" and suggests that three regulatory responses are required: firstly, normative issues need to remain at the centre of the regulation of professional misconduct; secondly, all law firms should be subject to the requirement to implement appropriate management systems and finally, specific provisions should be introduced to impose liability on large firm lawyers who assist their clients to act dishonestly.
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Books on the topic "Legal ethics – Wales"

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Jennifer, Levin, ed. The ethics and conduct of lawyers in England and Wales. Oxford: Hart, 1999.

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Boon, Andrew. The ethics and conduct of lawyers in England and Wales. 2nd ed. Oxford: Hart, 2008.

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Boon, Andrew. The ethics and conduct of lawyers in England and Wales. Oxford, United Kingdom: Hart Publishing, 2014.

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General Council of the Bar (England and Wales). Code of conduct of the Bar of England and Wales. London: General Council of the Bar of England and Wales, 1997.

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General Council of the Bar (England and Wales). Code of conduct for the bar of England and Wales: Effective from 1st February 1989. 4th ed. London: The Council, 1989.

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Franjo, Schruiff, Kühl Jørgen, Youth of European Nationalities, and Kroatischer Akademikerklub (Vienna Austria), eds. Brücken statt Mauern: Minderheiten in Zentraleuropa = Bridges instead of walls : minorities in Central Europe = Mosti namjesto zidin : manjine u centralnoj Europi. Wien: Hrvatski akademski klub, 1993.

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Companion to the Code of Conduct. Law Society Publishing, 2007.

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Ethics and Conduct of Lawyers in England and Wales. Bloomsbury Publishing Plc, 2014.

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Ethics and Conduct of Lawyers in England and Wales. Bloomsbury Publishing Plc, 2023.

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Ethics and Conduct of Lawyers in England and Wales. Bloomsbury Publishing Plc, 2014.

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Book chapters on the topic "Legal ethics – Wales"

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Herring, Jonathan. "9. Litigation." In Legal Ethics. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788928.003.0009.

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This chapter explores the ethical issues that arise around litigation. It discusses theories of litigation, including disputes over whether litigation is ‘good’. The chapter covers the adversarial system of litigation in England and Wales, and inquisitorial adjudication. It also covers both criminal and civil litigation proceedings. In addition, the chapter considers advocacy services and the duties that litigators owe to the court.
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Herring, Jonathan. "10. Litigation." In Legal Ethics, 310–52. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780198840046.003.0010.

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This chapter explores the ethical issues that arise around litigation. It discusses theories of litigation, including disputes over whether litigation is ‘good’. The attitude that anything that helps a client to win in litigation is justified is rarely accepted these days, and there is a need for lawyers to weigh up their duties to the court and to their clients. The chapter covers the adversarial system of litigation in England and Wales, and inquisitorial adjudication. This can create tensions for lawyers between their duties to their clients and their duties the justice system and to the general public. The chapter also covers both criminal and civil litigation proceedings. In addition, the chapter considers advocacy services and the duties that litigators owe to the court.
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Slorach, Scott, Judith Embley, Peter Goodchild, and Catherine Shephard. "6. Legal services." In Legal Systems & Skills. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785903.003.0006.

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This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England and Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.
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Slorach, Scott, Judith Embley, Peter Goodchild, and Catherine Shephard. "6. Legal services and the ethical lawyer." In Legal Systems & Skills, 168–98. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198834328.003.0006.

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This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England & Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.
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Slorach, Scott, Judith Embley, Peter Goodchild, and Catherine Shephard. "6. Legal services and the ethical lawyer." In Legal Systems & Skills, 182–214. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192874429.003.0006.

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This chapter examines the development of the legal profession in the UK. It discusses the importance of lawyers to the Rule of Law, and the role of lawyers as professionals. It identifies the range of lawyers and their roles. It then examines the nature of legal services in England & Wales, and their regulation. The chapter then looks at the central role of ethics in lawyers’ work, and the implications of this priority. The chapter identifies changes to the legal profession—changes driven by the wider worlds of politics, society and technology.
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Laurie, G. T., S. H. E. Harmon, and E. S. Dove. "13. Treatment of the Aged." In Mason and McCall Smith's Law and Medical Ethics, 440–61. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198826217.003.0013.

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This chapter discusses some of the ethical and legal issues associated with the very difficult practice of treating the elderly, grounding the discussion in the tension between autonomy and paternalism. It is emphasised that this complex and fragmented field is still undergoing significant regulatory changes as a result of the Care Act 2014, the Social Services and Well-being (Wales) Act 2014, and the Public Bodies (Joint Working) (Scotland) Act 2014. It also covers the elder incapax and dying from old age.
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Gillespie, Alisdair A., and Siobhan Weare. "10. The Legal Professions." In The English Legal System, 323–66. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198830900.003.0010.

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This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.
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Gillespie, Alisdair, and Siobhan Weare. "10. The Legal Professions." In The English Legal System. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785439.003.0010.

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This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are two principal branches to the legal profession in England and Wales. The first consists of barristers and the second of solicitors. There are three stages to qualifying as a member of either profession. The first is the academic stage and involves passing either a qualifying law degree or the Graduate Diploma in Law. The second stage is vocational education, either the Bar Professional Training Course (for barristers) or Legal Practice Course (for solicitors). The final stage is work-based training consisting of either pupillage (for barristers) or a training contract (for solicitors). The chapter also discusses the emergence of CILEX as a third branch of the profession.
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Gillespie, Alisdair A., and Siobhan Weare. "10. The Legal Professions." In The English Legal System, 327–70. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198868996.003.0010.

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This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.
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Gillespie, Alisdair, and Siobhan Weare. "10. The Legal Professions." In The English Legal System, 330–75. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780198889632.003.0010.

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This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.
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Conference papers on the topic "Legal ethics – Wales"

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Tebeanu, Ana voichita, and George florian Macarie. "ADDRESSING ETHICAL VALUES IN EDUCATIONAL PRACTICE. AN ESSAY." In eLSE 2018. Carol I National Defence University Publishing House, 2018. http://dx.doi.org/10.12753/2066-026x-18-156.

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Teaching ethical aspects in the social sciences has always been a challenge, both for the professors and students involved. Ethical values and dilemmas can be presented through educational movies, examples from clinical, organizational or pedagogical practice, or even through personal disclosures offered with 'pros' and 'cons' arguments. In the past few years we took over this challenge, when conducting classes and seminaries at the disciplines "Educational Psychology" and "Foundations of Pedagogy" with first and second year students enrolled in the Teachers' Training Module, at the University "POLITEHNICA" of Bucharest. Several themes for applications (e.g., designing and conducting a social experiment; naive subjects; cooperation and empathy; obedience and authority; manipulation of external variables in a social context, e.g. a laboratory or a classroom) tackled the concept of how the moral values develop from childhood and adolescence through adulthood. For their exemplification we chose from time to time to present the series of experiments conducted by Stanley Milgram. In this classical, yet impossible to repeat nowadays experiment, he concluded that people- from various walks of life- obey either out of fear or out of a desire to appear cooperative, even when acting against their own better judgment, moral values and desires. Discussing with the students about the results of this experiment left us, almost every time, with a controversial state- students divided themselves into 'those who obey' vs. 'rebels', with some of them situating in between ("obeyed but blames themselves') (exactly as the participants in the original experiments!) In the long run, due to this extraordinary reaction we had from our students, these applications used for educational purpose became more complex. Thus, we translated a topic for an essay used by us in a Master of Bioethics program in the USA (2014-2015) and we reframed it for educational purpose. The topic refers to "Death and dying" and presents 6 types of killing which are legally sanctioned in the United States, including, for example, killing in self-defence or the capital punishment. The initial task we had in the Master program was, leaving legality aside and focusing only on morality, to rank each six of the categories in order--most immoral (#1) to least immoral (#6) according to our personal values. In doing so, we were also asked to provide a moral argument to justifying our ranking. Also, we were told that for the purposes of this essay, religious or legal arguments are not acceptable. This essay presents in extenso a personal exemplification of a possible ranking of these categories, the results of the exercise performed with the students, and proposes furthermore an educational framework- ready to be used by them. Thus, we hope to offer a relevant and actual application for teaching ethical issues in an university setting, which goes beyond a mere description of theoretical concepts and provides ethical tools for understanding the social life.
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