Lawyers' Responsibility and Accountability: The Ethical Setting; 2. Lawyers' Relationship to Ethics; 3. Lawyers as Professionals; 4. Structure and Regulation; 5. Admission; 6. Discipline; 7. Representation; 8. Communication and Control; 9. Competence and Care; 10. Confidentiality and Privilege; 11. Conflict of Interest; 12. The Adversary System; 13. Duties of Fairness and Candour

The book "Lawyers' Responsibility and Accountability: Cases, Problems and Commentary" by Ysaiah Ross and Peter J. M. MacFarlane is a comprehensive legal text that focuses on the ethical and professional responsibilities of lawyers. Here is a detailed overview of the book:

Key Themes

1. Ethical Setting: The book begins by establishing the foundational principles of ethics in the legal profession, setting the stage for the subsequent discussions on responsibility and accountability.
2. Relationship to Ethics: This section delves into how lawyers interact with ethical standards, including the importance of adhering to these principles in their daily practice.
3. Lawyers as Professionals: It explores what it means to be a professional in the legal field, emphasizing the role of lawyers as guardians of justice and the law.
4. Structure and Regulation: The authors discuss the organizational structure of the legal profession and the regulatory frameworks that govern it.
5. Admission: This section covers the process of admission to the legal profession, including the requirements and standards for becoming a licensed attorney.
6. Discipline: It examines the mechanisms for disciplining lawyers who fail to meet the expected standards of conduct.
7. Representation: The book focuses on the duties and responsibilities of lawyers in representing clients, including the fiduciary duties and obligations.
8. Communication and Control: This section addresses the importance of effective communication in the lawyer-client relationship and the control mechanisms that ensure ethical practice.
9. Competence and Care: It emphasizes the need for lawyers to maintain competence and provide care in their services, ensuring that clients receive the best possible representation.
10. Confidentiality and Privilege: The authors discuss the principles of confidentiality and privilege, which are fundamental to the lawyer-client relationship.
11. Conflict of Interest: This section explores the potential conflicts of interest that can arise in legal practice and how they should be managed.
12. The Adversary System: The book examines the adversary system and its implications for lawyers, including the role of advocacy and the pursuit of justice.
13. Duties of Fairness and Candour: The final section highlights the duties of fairness and candour that lawyers must uphold in their practice.

Plot Summary

The book is structured around these key themes, providing a detailed analysis of each aspect of a lawyer's responsibility and accountability. It includes case studies, problems, and commentary to illustrate the practical application of these principles. The authors use real-world examples to demonstrate how ethical standards are applied in various legal scenarios, making the book a valuable resource for both students and practicing attorneys.

Critical Reception

While specific reviews of the book are not readily available in the provided sources, the book's comprehensive approach to covering the ethical and professional responsibilities of lawyers suggests it would be well-received by legal scholars and practitioners. The inclusion of case studies and problems makes it a practical tool for teaching ethics in law schools, as indicated by its use in educational settings.

Edition and Publication

The book is available in paperback and was published in 2007, with a third edition. This edition reflects the evolving nature of legal ethics and the ongoing need for lawyers to adhere to high standards of conduct.

In summary, "Lawyers' Responsibility and Accountability: Cases, Problems and Commentary" by Ysaiah Ross and Peter J. M. MacFarlane is a seminal work that provides a thorough examination of the ethical and professional responsibilities of lawyers. Its comprehensive approach, coupled with practical examples, makes it an essential resource for understanding the complexities of legal ethics.