The book is seeking to bridge the gap between common law and civil law srtandards in lawyer’s behaviour, focusing on legal ethics as an example of advanced procedural perspective. The traditional differences in the systems of law are here criticized as belonging to outpast cathegories, since in the field of civil procedure ethical duties have proven to be practically similar all over the world. This result has been attained through a thorough evaluation of both the real meaning of legal ethics and the reality of legal practice. The historical perspective has been adopted in this comparative research as a mean to explain how deeply connected have been and still are the experiences of civil and common law practicing lawyers, given the practical duties concerning them all. As to the current situation, the so called globalisation occurred in economics has for certain brought about an enhancement in this similarity. And such a circimstance is clarified even more by the spreading out of phenomena such as that of the worldwide diffusion of complex litigation, together with that of the American law firm model. The dynamics of legal practice also inside these organisations has been very closely considered as a context in itself involving peculiar ethical issues.
Etiche della professione legale - Un approccio comparato
DONDI, ANGELO;
2005-01-01
Abstract
The book is seeking to bridge the gap between common law and civil law srtandards in lawyer’s behaviour, focusing on legal ethics as an example of advanced procedural perspective. The traditional differences in the systems of law are here criticized as belonging to outpast cathegories, since in the field of civil procedure ethical duties have proven to be practically similar all over the world. This result has been attained through a thorough evaluation of both the real meaning of legal ethics and the reality of legal practice. The historical perspective has been adopted in this comparative research as a mean to explain how deeply connected have been and still are the experiences of civil and common law practicing lawyers, given the practical duties concerning them all. As to the current situation, the so called globalisation occurred in economics has for certain brought about an enhancement in this similarity. And such a circimstance is clarified even more by the spreading out of phenomena such as that of the worldwide diffusion of complex litigation, together with that of the American law firm model. The dynamics of legal practice also inside these organisations has been very closely considered as a context in itself involving peculiar ethical issues.
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