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Full-Text Articles in Law
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
The pressures and opportunities of globalization have dramatically changed the nature of legal practice. How and why we practice law? For whom and whose benefit? In what contexts? And on what terms? The answers to these questions are continuously changing as a result of current global trends. The communities served by lawyers, the practice contexts in which they work and the issues that they face are increasingly diverse, complex, transnational and global in character. All of these challenges demand new competencies and raise a host of new issues about ethics and professionalism. As a threshold matter, more and more lawyers …
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
This essay considers whether there is a role for moral pluralism — or morality at all — in legal ethics thinking. In so doing, it has essentially two main goals. First, to contextualise the discussion, it very briefly looks at the leading conceptions of the lawyering role that have unsuccessfully grappled with the issue of morality and lawyering to-date. Second, and primarily, it looks at a new attempt to address these issues that is provided by Bradley Wendel in his recent book Lawyers and Fidelity to Law. This essay claims that while providing an elegant and admirable argument, Wendel’s book …
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …