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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.
Of Counsel, Fifth Edition, adds a measure of definition and precision to the understanding of "Of Counsel" relationships. It reflects changes to the Model Rules of Professional Conduct adopted since the Fourth Edition (2013), as well as changes and additions aimed at providing those considering an "Of Counsel" relationship with all of the tools necessary to successfully navigate the process.
"[The author] shares his insights, anecdotes, strategies, and practical tips learned from his 20+ years of experience as in-house counsel, general counsel, corporate secretary, and chief compliance officer. As author of the popular blog, 'Ten things you need to know as in-house counsel, ' Miller provides quick points that you can use in your everyday practice ... Whether you are new to an in-house department or a long-term veteran, the general counsel or just a basic contract lawyer, Ten Things You Need to Know as In-House Counsel provides you with guidance on: how to be a successful in-house counsel; being more productive every day; drafting documents and emails; how to negotiate; effectively managing outside counsel fees; trade secrets and protecting your company; dealing with the Board of Directors; preparing for when bad things happen; analyzing risk; and much more."--
In the eight years since the last edition was published, important changes have been made to the Model Rules of Professional Conduct that benefit firms and attorneys engaged in "Of Counsel" arrangements, such as the recognition of screening as a method of avoiding the disqualification of an entire firm as the result of one attorney's conflict. There is an increase in popularity "Of Counsel" as law firms and attorneys discover benefits of these arrangements.
In Subjects of Advice, Ivan Lupić uncovers the rich interconnectedness of dramatic art and the culture of counsel in the early modern period. While counsel was an important form of practical knowledge, with concrete political consequences, it was also an ingrained cultural habit, a feature of obligatory mental, moral, and political hygiene. To be a Renaissance subject, Lupić claims, one had to reckon with the advice of others. Lupić examines this reckoning in a variety of sixteenth-century dramatic contexts. The result is an original account of the foundational role that counsel played in the development of Renaissance drama. Lupić begins by considering the figure of Thomas More, whose influential argument about counsel as a form of performance in Utopia set the agenda for the entire century. Resisting linear narratives and recovering, instead, the simultaneity of radically different kinds of dramatic experience, he shows the vitality of later dramatic engagements with More's legacy through an analysis of the moral interlude staged within Sir Thomas More, a play possibly coauthored by Shakespeare. More also helps explain the complex use of counsel in Senecan drama, from the neo-Latin plays of George Buchanan, discussed in connection with Buchanan's political writings, to the historical tragedies of the mid-sixteenth century. If tyranny and exemplarity are the keywords for early Elizabethan drama of counsel, for the plays of Christopher Marlowe it is friendship. Lupić considers Marlowe's interest in friendship and counsel, most notably in Edward II, alongside earlier dramatic treatments, thus exposing the pervasive fantasy of the ideal counselor as another self. Subjects of Advice concludes by placing King Lear in relation to its dramatic sources to demonstrate Shakespeare's deliberate dispersal of counsel throughout his play. Counsel's customary link to plain and fearless speech becomes in Shakespeare's hands a powerful instrument of poetic and dramatic expression.
Reproduction of the original: By Advise of Counsel by Arthur Train
We often talk loosely of the “tyranny of the majority” as a threat to the workings of democracy. But, in ancient Greece, the analogy of demos and tyrant was no mere metaphor, nor a simple reflection of elite prejudice. Instead, it highlighted an important structural feature of Athenian democracy. Like the tyrant, the Athenian demos was an unaccountable political actor with the power to hold its subordinates to account. And like the tyrant, the demos could be dangerous to counsel since the orator speaking before the assembled demos was accountable for the advice he gave. With Dangerous Counsel, Matthew Landauer analyzes the sometimes ferocious and unpredictable politics of accountability in ancient Greece and offers novel readings of ancient history, philosophy, rhetoric, and drama. In comparing the demos to a tyrant, thinkers such as Herodotus, Plato, Isocrates, and Aristophanes were attempting to work out a theory of the badness of unaccountable power; to understand the basic logic of accountability and why it is difficult to get right; and to explore the ways in which political discourse is profoundly shaped by institutions and power relationships. In the process they created strikingly portable theories of counsel and accountability that traveled across political regime types and remain relevant to our contemporary political dilemmas.
Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.