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.
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.
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
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.
Known for helping students develop the ability to make sound judgments and to develop a philosophy of lawyering, the concise Professional Responsibility: Problems of Practice and the Profession, Seventh Edition, is adaptable to a host of teaching styles. Scores of realistic problems call on students to develop a cogent philosophy of lawyering as they master basic concepts and prepare for the MPRE. Modular, flexible organization allows professors to adapt the material to a variety of courses and clinical programs. In particular, the book is structured to enable instructors to present the materials doctrinally or by area of practice. New to the Seventh Edition: New author Grace Giesel (Distinguished Teaching Professor at the University of Louisville Brandeis School of Law) has joined the book. Throughout the book the authors have inserted Rule Reviews. A Rule Review is a set of questions designed to walk the students through the important facets of the Model Rule of Professional Conduct at issue. The Rule Reviews are designed to ensure the students review and thus capture the parameters of the reviewed rules. The authors provide answers to the questions at the back of the book, so the students can self-assess their learning. The Rule Reviews are in addition to the Chapter Assessment Questions that follow each chapter. The authors have revised this edition to present the textual material with more headings and thus in smaller blocks of narrative. This change is intended to assist students in sorting and organizing the material as they learn and to assist instructors in directing the class discussion. The book has been updated to include: All recent changes to the ABA Model Rules of Professional Conduct, including the ABA’s substantial revision of the advertising rules. Relevant recent ABA Formal Opinions. The book has been revised to include recent developments such as: The legal industry’s renewed focus on sexual harassment and discrimination, in part a result of the #MeToo movement (Ch. 8). Alternate litigation funding (Ch. 2). Advance Waivers (Ch. 4). The effect of the presence of third parties on the attorney-client privilege and work-product doctrine (Ch. 3). Recent developments regarding ineffective assistance of counsel (Ch. 2). Recent developments regarding technology (Ch. 3). The authors have attempted to make the book as relevant to the students of 2020 as possible. To that end, they include problems and material that are up-to-date and, in some cases, “ripped from the headlines,” such as: Material about the involvement of David Boies in the Theranos debacle. An excerpt of Michael Cohen’s statement to the court before sentencing. Problem 3-5 now deals with the threat and response of a law firm to cyberattack. Professors and students will benefit from: Realistic problems that develop students’ ability to make sound judgments. Emphasis on guiding students to articulate a cogent philosophy of lawyering. Innovative, flexible organization suited to a variety of courses and clinical programs. Organized by major doctrinal concepts, such as confidentiality and conflicts of interest. Offers alternative organization by area of practice. Modular organization for professor choice. Manageable length. Multiple choice assessment questions and answers located at the end of each chapter to prepare students for the MPRE.
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.
With complete coverage of the ethical principles that inform the role of the paralegal, Ethics and Professional Responsibility for Paralegals, Eighth Edition is ideal for use as either a primary course book, or a supplementary text. An authoritative presentation combined with clear and readable pedagogy enriches all levels of inquiry into the ethics of legal practice. Key Benefits: Comprehensive coverage of the professional responsibilities of paralegals, illuminated with chapter overviews, key terms, and a student-friendly organization. Discussion questions with hypotheticals and review questions in each chapter. Landmark cases, many involving paralegals, that demonstrate how the principles and rules of ethics are applied. Updated ethics opinions, with a focus on technology and social media, supported by new hypotheticals. Expanded coverage of how technology is affecting various aspects of ethics and practice, including confidentiality and privilege, competence, conflicts of interest and advertising. Many new cases including: State Bar v. Lang (unauthorized practice of law), Committee v. JPMorgan Chase (competence), Lola v. Skadden (professionalism), Pension Committee v. Banc of America Securities (advocacy), and McDermott v. Superior Court (confidentiality).
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
