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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.
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.
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.
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.
This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.
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
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Many professional responsibility professors struggle to engage students in a required course, one that students wouldn’t otherwise have chosen to take, covering material that simultaneously appears both obvious and intricately technical. Ethical Lawyering: A Guide for the Well-Intentioned addresses those concerns with a fresh look at teaching and learning Professional Responsibility. Instead of containing impenetrable cases typical of most professional responsibility casebooks, which force students and teachers to sort out convoluted facts and incomplete or out-of-date analysis, this book “flips the classroom” by providing detailed explanations of the Model Rules, accompanied by problems for class discussion that require students to explore how the Rules apply in real-world situations—a structure which lends itself easily to both in-person and online courses. The book’s explanations are focused on building statutory interpretation skills, and then bringing these skills to common practice scenarios. Discussion covers all aspects of the law governing lawyers, from professional discipline to civil liability to court sanctions, as well as informal concerns, such as client relations and the business of law practice. Professors and students will benefit from: A “flipped classroom” structure in which the book provides detailed explanations of the Model Rules, interspersed with problems for class discussion, that are both drawn from practice and illustrate some of the challenges in applying the rules in real-world situations. MPRE-style multiple-choice review questions at the end of each chapter (or after substantial portions of a chapter) addressing the material. An informal, irreverent, down to earth, and conversational style, meant to be accessible, crafted to engage students without understating the seriousness of the subject matter, and to encourage them to put themselves into the “hot seats” that the problems describe. A statutory construction approach to the Model Rules, designed to build text-interpretation skills. A comprehensive treatment of the law regulating lawyers, considering all of the practical hazards that lawyers face, and illustrating the connections between the Model Rules as a basis for professional discipline and the law of torts (fiduciary duty and malpractice), contracts (scope of the attorney-client relationship and engagement agreements), agency (authority), and procedure (sanctions), as well as informal concerns such as client relations and reputational issues. A digital edition that includes links to all necessary statutory materials. Teaching materials Include: A detailed Teacher’s Manual, including: Suggested syllabi for two-hour and three-hour courses. Detailed analyses of all of the problems, including pedagogical suggestions, to stimulate class discussion. Explanatory answers to the MPRE-style multiple-choice review questions. Suggested PowerPoints for class use. Two online-only chapters (The Government Lawyer; Judicial Ethics).
With more than forty years in practice, including fourteen years on the federal bench, and informed by hundreds of conversations with other lawyers, Judge Duffey has cultivated a deep interest in the culture and challenges within the legal profession. THE SIGNIFICANT LAWYER is the product of his experiences and conversations. It describes changes in the legal profession beginning in the mid-1980s when lawyers began to measure success by the profits they and their firms generated. Integrity, efficiency, and strong client relationships eroded. Lawyers found themselves professionally unfulfilled. They forgot about their oaths that require civility, commitment to justice, fair play, and respect for the courts. It takes commitment and resolve for a lawyer to live by the oaths taken when admitted to practice and to adopt the right priorities. Choosing this path, an attorney embraces the practice of law as a profession and commits to serve others with integrity, competence, and compassion.
Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self – the student’s nascent professional identity – needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer’s professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.