Suchergebnisse

Recent reforms to the FATF-led international anti-money laundering and terrorist financing (AML/CFT) regime install legal professionals as 'gatekeepers' by requiring them, among others, to take due diligence measures and report suspicious transactions. These reforms have generated controversy within the national and international associations of legal professionals. This chapter analyses the discourse and policy activities of legal professional associations in order to uncover the roots of the discord between legal professionals and governments regarding gatekeeping obligations. This chapter shows that underneath the official narrative that depicts lawyers' resistance to gatekeeping as a fight for the preservation of liberal democratic values, the institutional priorities and characteristics of the profession play the key role in fueling the resistance. The chapter identifies two such institutional factors – public image and self-governance concerns of legal professionals – and highlights their distinctive implications for the implementation of AML/CFT rules by comparing them with contrasting concerns raised by other gatekeeping actors, namely bankers. The chapter illustrates that the specific institutional contexts of professional groups influence their gatekeeping role. Therefore, regulatory initiatives that enlist the services of professional actors need to take seriously and engage the institutional dimension of such actors.

The legal profession and legal services : nature and evolution. The structure of the legal profession ; The problem of lagging legal productivity ; The future of the legal profession -- The philosophy of legal ethics. Foundations of the lawyer's role ; Jurisprudence and the lawyer's role : looking to an understanding of law--rather than to morality--for the source of lawyers' ethical restraint ; Moral counsel and the gap between law and morality ; The corporation as client : amoral ethics squared ; Moral remainders -- Development toward professionalism and the formation of an ethical professional identity to become an effective lawyer. Professionalism and professional identity ; The importance of stress management in the formation of an ethical professional identity ; Professional identity formation and the law school curriculum -- Legal ethics and the practice of law. Sources of legal ethics and the law of lawyering ; Advertising for and solicitation of clients : information about legal services ; The attorney-client relationship : beginning to end ; Funding of legal services : fees, compensation, and fee shifting ; Duties to effectively represent the client ; Duties to protect confidentiality of client information ; Duties of loyalty : conflicts of interest and professional independence ; Duties to organization/entity clients ; Duties of ethical advocacy ; Duties as evaluator or third-party neutral ; Respect for other persons ; Duties of a lawyer in a law firm ; Public-regarding activities, duties, and rights -- Legal malpractice. Introduction to legal malpractice law ; Negligence ; Breach of fiduciary duty ; Liability to nonclients ; Remedies for legal malpractice ; Defenses and obstacles to recovery ; Vicarious liability ; Legal malpractice insurance -- Judicial ethics and the conduct of judges. Regulating judicial conduct generally : features and principles ; Regulating judicial conduct on the bench ; Regulating judicial conduct off the bench : extrajudicial and political activities

In many countries today, including the Southeast Asian nations of Indonesia, Malaysia, and Singapore, governments regulate some aspects of Muslim life according to Islamic law. The administration of Islamic law in these states is carried out by modern courts that are structured differently and staffed by different types of figures than were earlier institutions for the implementation of Islamic law. Prior to the modern era, courts tasked with the job of resolving cases according to Shari'a were staffed by judges with a particular type of training, and litigants appearing before these judges were generally not represented by a specialized class of lawyers. In the modern era, Shari'a courts have undergone radical changes in many countries. Modern Shari'a court judges are trained to find Islamic rules of a decision in ways that differ significantly from that of classical jurists. To varying degrees, these judges are also taught to apply Shari'a law in a manner similar to that of judges who apply non-religious law outside the Islamic court system. At the same time decisions are rendered in an environment in which litigants who appear before these judges are increasingly coming to be represented by lawyers who advise on questions of law and procedure, advocate for them and appeal cases. These differences in both training and professional practice affect the way in which the court engages with the Islamic tradition and thus affects the way that Islamic law is interpreted and applied. This article argues for new attention to be paid to the educational backgrounds and professional practice of the judges and lawyers who work in Shari'a courts to further our understanding of the practice of Islamic law in contemporary societies.

The study analyzes the structural and functional features of legal awareness development. The authors focus on legal awareness of law students because this segment of the population chooses lawmaking as their future career. Based on sociological study results, a high level of legal nihilism is revealed among the students. The situation is complicated by the fact that the institution of education is not the primary agent of legal socialization. In order to create the educational environment for legal awareness development in law students, the authors designed the educational model based on personal and activity approach. This model consists of target, content-related, instrumental, monitoring and evaluative components of activity. The students and the academic staff play the special role in the above-mentioned model. The content-related component of the psychological and educational model of legal awareness development includes the faculty, the process of gaining legal knowledge, legal education, regular monitoring of the level of legal awareness. In conclusion, the authors provide measures to increase the role of the higher education institution as an agent of legal socialization.