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Find practical answers to hard questions about professional conduct -- and avoid wrong answers that could set back your firm -- with this authoritative guide to legal ethics. Drawing on statutes, standards, and actual cases, the authors show you how to: Evaluate tactics for possible ethical consequences Understand and comply with statutes, procedural rules, and standards of professional conduct while zealously representing your client Prevent your opponents from turning the rules to their own advantage You'll find concise, authoritative discussion of ethical problems that arise in such critical areas as: Investigation of claims Abuse of discovery Conflicts of interest Burdensome interrogatories Trial in the media Voir dire and juror investigation Deposition tactics Special fee arrangements Settlement negotiations Withdrawal and client confidentiality Arguing false inferences based on inadmissible evidence, plus detailed attention to the special problems that arise in criminal defense, insurance defense, and class actions.
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.
"As the legal profession undergoes structural changes, longstanding principles of ethics still govern the day-to-day lives of practicing lawyers. This new Hornbook on professional responsibility provides both a snapshot of ongoing systemic changes and a thorough examination of the fundamentals of lawyer and judicial ethics ... [This] Hornbook (1) begins with the changing environment in which legal services are provided in the modern economy; (2) continues with a theoretical grounding of legal ethics in moral philosophy; (3) offers empirical evidence and discussion about professional formation and moral development; (4) provides a comprehensive analysis of the law of lawyer ethics; (5) includes a ... discussion of the modern law of legal malpractice, and (6) concludes with exploration of the rules of judicial ethics."--
A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.
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.
Modern legal professionals frequently work in small groups and teams. This concise and practical book is designed to help current and future legal professionals develop the cooperative and collaborative skills they need to work with others effectively. This book is not a cliché-laden plea for teamwork in all circumstances. The fundamental premise of the text is that when collaborative work is performed appropriately and thoughtfully, the advantages significantly outweigh the disadvantages. The book explains: (1) when group work is more beneficial than individual work; (2) when a small work group project is more appropriate than a team project; and (3) when some teams are likely to outperform others. This pioneering book helps readers maximize the benefits -- and minimize problems -- when working collaboratively. It incorporates the best contemporary research on group dynamics, conflict resolution, and decision making. To illustrate these concepts, the text uses a wide range of examples -- including the growing use of virtual legal work groups or teams. The book is designed to be used as a supplemental text in a variety of courses or as a guide in any law firm or in-house counsel setting in which legal professionals are expected to work together to produce high quality legal work.