The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This new edition, a revision of the longest-running professional responsibility title, includes a new author and a new title that emphasizes the two distinctive features of the book. Completely redone by Kaufman and Wilkins with a multitude of new problems, text, and excerpted materials, it still features the popular problems method of the earlier editions. A whole new dimension, however, has been added throughout, and in an additional section that features recent empirical work on lawyers, it examines how large-scale economic, demographic, and institutional changes are likely to shape the norms of legal practice and the careers of lawyers in the twenty-first century. A teacher's manual is available.
Facing numerous professional responsibility challenges, trial and appellate lawyers must handle significant problems that can arise suddenly or in difficult circumstances. Written by experienced trial and appellate lawyers, this updated edition focuses on the responsibilities of practicing lawyers. Organized as an anthology with chapters that trace the life of a lawsuit from start to finish, each chapter covers a key aspect of litigation in depth. It begins with an examination of the professional responsibility issues attending pre-suit investigations and the initiation of litigation, and concludes with a discussion of the professional responsibilities unique to appellate lawyers. Chapters address key issues, such as pre-suit investigation; co-counsel and referral relationships; surreptitious investigations and discovery; ethics of e-discovery; receipt and release of confidential information; expert witness conflicts of interest; false testimony; lawyers as witnesses; and more.
A text for lawyers and students of law which explores theoretical foundations, professional ethical requirements, the lawyer-client relationship, conflicts of interest, duties to the administration of justice, and duties in legal practice. The NZ Law Society's 'Rules of Professional Conduct' 1998 are included. Webb lectures in Law at Victoria University.
This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."
This is the 2019 paperback printing of the casebook published in 2013. This text is directed toward the learning outcomes students need and want in a basic professional responsibility course: mastering the doctrine regarding the regulation of law practice (including express instruction on reading rules and researching the law of professional responsibility); forming a vision of themselves as an attorney and a career plan that fits that vision; learning to identify the risks of discipline, liability, or business and reputational loss; and acquiring skills to practice law in a way that reduces those risks. The book provides clear learning outcomes for each unit, learning tools such as self-tests, checklists and graphics. Each chapter includes practice problems, including exercises designed to integrate skills such as reflection, research, counseling, and drafting. An appendix provides students advice on preparing for the multistate professional responsibility exam, with practice multiple-choice problems. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. PowerPoint slides are available upon adoption. Sample slides from the full 592-slide presentation are available to view here. Email [email protected] for more information
The Second Edition of Professional Responsibility in Focus offers a comprehensive, updated exposition of the law governing lawyers and judges. Real-world scenarios throughout the text provide students numerous opportunities for students to apply what they have learned and solidify their understanding of important concepts. New to the Second Edition: More than a dozen new cases and other recent developments—such as the amended advertising and solicitation rules—in an expanded, practice-oriented text with new and revised footnotes. Professors and students will benefit from: Clear and concise coverage of the attorney-client relationship, competence, confidentiality, conflicts of interest, and more. Key Concepts at the start of each chapter and Chapter Summaries at the end of each chapter facilitate study and review Case Previews and Post Case Follow-Ups that frame each case writing clarifies the rules and aid in student understanding An introduction to the legal profession Real Life Applications and Applying the Rules exercises challenge students to apply what they have learned to realistic hypothetical scenarios Updates to Chapter One, on the moral responsibility of lawyers, that provides context for understanding and situating the Model Rules of Professional Responsibility covered in the chapters that follow. 12-chapter organization is easily adapted to two or three-credit courses
Learning Professional Responsibility engages students by offering colorful, real-life examples of how the Professional Responsibility rules guide and regulate lawyers in the everyday practice of law. This textbook deconstructs the ethics rules and bypasses long case-law narratives in favor of clear examples and illustrations drawing on ethics opinions, current events and lawyer news, online commentary, and court decisions. This second edition further highlights cutting-edge issues in professional responsibility, including topics such as the scope of representation, the duty of candor, conflicts, and the duty to protect client confidences in electronic formats.
Lawyers' Professional Responsibility, sixth edition is a detailed yet accessible treatment of lawyers' legal and professional responsibilities, suitable for students and practitioners alike. This comprehensive book contains detailed footnoting of relevant provisions and rules in each Australian jurisdiction. Lawyers' Professional Responsibility's content and commentary are not confined to developments across Australia, but where relevant includes comparative coverage from the main common law jurisdictions, including the United States, Canada, the United Kingdom, New Zealand, Hong Kong and Singapore. This edition includes content and commentary on the Legal Profession Uniform Law, to date as implemented in New South Wales and Victoria, together with the various uniform rules, for both solicitors and barristers.
