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Legal Ethics

Legal Ethics (3rd edn)

Jonathan Herring
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date: 04 December 2023

p. 31010. Litigationlocked

p. 31010. Litigationlocked

  • Jonathan Herring


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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