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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.
Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.
"The eighth edition of the Annotated Model Rules of Professional Conduct presents an authoritative and practical analysis of the lawyer ethics rules and the cases, ethics opinions, and other legal authorities essential to understanding them. The Model Rules of Professional Conduct were adopted by the ABA in 1983 and have been amended numerous times since. This new edition of the Annotated Model Rules of Professional Conduct represents a major refinement of previous editions. It takes into account all amendments through February 2013, as well as the American Law Institute's Restatement (Third) of the Law Governing Lawyers (2000)"--Acknowledgments.
Legal Malpractice Law is a practical, problem-oriented text designed for use in elective courses on Legal Malpractice, Professional Liability, or Advanced Legal Ethics. It may also be used in required Professional Responsibility courses that want to focus more on malpractice liability than on lawyer discipline. Each chapter includes explanatory text that relies on recent cases, code provisions, statutes, and commentary. A small number of tightly edited principal cases offer insight into the current state of legal malpractice law. The problems, including many that are based on actual controversies, deal with liability concerns that practitioners encounter. The book examines claims brought by clients and non-clients. It also integrates malpractice prevention lessons. Relevant ethics rules are discussed.
This book examines one of the greatest social and legal concerns of the modern age: social networking and the internet. The growing law and issues of, and created by, social networking and related websites involve real and diverse concerns. The concerns face the website operators, users, parents, schools, universities, employers, organisations, outsource organisations, the police, lawyers, courts, rights organisations and policymakers.Social networking is wonderful, yet staggering - in a short space of time, user populations greater than the populations of nation states have joined social networks. One social networking website reports to have amassed over 1 billion regular users. Yet, the legal issues (and others) involved with social networking and related websites are getting as many media headlines as the technologies themselves. Some of these are similar to established legal issues, however, with increasing frequency, the issues are entirely new. In addition, the scale of the issues are at a level unprecedented in collective memory. If that was not enough, the pace of the legal issues which must be considered and, more importantly, the pace and urgency with which they must be dealt with, add significant temporal pressures. This timely and appropriate book outlines the new law and issues relating to social networking. It offers a strong international comparative element and examines various legal jurisdictions. The growing law and issues of, and created by, social networking and related websites involve real and diverse concerns for policy. To victims, lawyers, parents, society, and policy makers, social networking in its various forms can be considered one of the most pressing legal issue today, with more issues and concerns than occur in any other field of contemporary law. Table of Contents include: Internet and Technology * Privacy and Data Protection * Social Networking Policies * Advertising and Marketing * Beacon Settlement * Europe against Facebook * Facebook Audit * Laws 'Re-Phormed'? * Data Breaches * Tagging * Evidential Issues * Cloud Computing * Employees * Educational Institutions * Tracking the Trackers * Personal Relations * Social Networking after Death * Profiles in Purgatory * A Critical Approach to the Right to Be Forgotten * Children and Social Networking * Social Networking and Internet Access * Peer to Peer and Privacy * Social Networking and Sports * Social Networking and the Courts * Privacy by Design * Data Protection Audits * The Future.
Patent Ethics: Prosecution serves as an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Prosecution is the first of two volumes on patent ethics-the second is on litigation-written by Professor David Hricik and Drinker Biddle partner Mercedes Meyer. This treatise is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies.
Thousands of complaints are filed against Louisiana lawyers each year. Many are caused by simple mistakes and innocent misunderstandings about what the rules of conduct require. For straightforward answers to professional responsibility questions, get Louisiana Legal Ethics: Standards & Commentary (2021), a comprehensive source for Louisiana legal ethics rules, cases, and indispensable practical advice. Updated for 2021 with more than 40 new reported decisions and ethics opinions. Prof. Dane S. Ciolino edits and annotates this book. He serves as the Alvin R. Christovich Distinguished Professor of Law at Loyola University New Orleans College of Law, where he teaches legal ethics, advocacy, and evidence.