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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.
When lawyers represent a client, they have a legal obligation to act professionally, responsibly, and ethically. Unfortunately, all too many lawyers do not live up to these standards. If you have been victimized by your attorney, How & When to Sue Your Lawyer is here to help. The book begins by explaining the American Bar Association’s categories of malpractice—substantive, administrative, client relations, and intentional wrongs. It next details the “model rules” of professional responsibilities established by both national and state bars, and then discusses the all-important differences between guidelines and actual laws set by legal precedent. Finally, if you feel that you have lost a case because of your counsel’s mismanagement, or if you have been taken advantage of financially or sexually by your attorney, this book explains the necessary steps you must take to establish a solid case, from developing the facts and gathering the hard evidence to proving the allegation.
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.
In Connecting Ethics and Practice: A Lawyer's Guide to Professional Responsibility, Third Edition, the author explains the legal, professional, and ethical constraints that regulate attorneys while keeping the modern law professor and student in mind. Contemporary cases and articles are used to provide for an easier understanding of the Model Rules and Judicial Cannons, which assists in preparing for law school exams and the MPRE. The author employs a user-friendly coursebook format organized in a logical manner while achieving a realistic and manageable length. Mind maps are provided with every chapter to help students visualize and remember selected rules, and discussion questions are used to allow the students to fully comprehend and digest the reading, while also demonstrating real-life struggles most lawyer face at some point in their careers. Based on the unique format, students systematically cover all important aspects of the legal journey from law school to the legal profession. New to the Third Edition: Revised chapters contain contemporary cases, discussions, and studies Updated Model Rule 7 (Advertising) Scholarship throughout the book (in Chs. 1, 4, 10, 12, and 14) has been updated to include more recent and engaging articles New cases: Ch. 7: Federico v. Lincoln Military Hous., LLC Ch. 10: In re Discipline of Hale Ch. 11: People v. Maynard Ch. 12: Bennett v. Hill-Boren, P.C. Benefits for instructors and students: The easy-to-follow logical sequence of all relevant rules are clearly articulated at the beginning of the book and then reiterated accordingly in every chapter The structured material is well-suited for a new or experienced professor Chapters are based on quality readings as opposed to quantity Engaging, realistic examples exhibit how each Rule relates to practice Simple, consistent organization of each chapter offers a clear and logical layout, allowing for ease of use and teaching throughout Chapter introductions begin with concise explanations of the applicable Rules to be discussed Readings are controversial, contemporary, and thought-provoking Flexible organization allows for the material to be adapted to meet the individual needs of each class; professors can use as much or as little guidance as needed, and the material can be adjusted for a 2- or 3-credit course Discussion questions at the end of each reading, as well as at the end of each chapter, encourage colorful and lively dialogue and participation (which can be used in detail if time permits, or just used for student understanding of the material for class preparation) Table of Model Rules with applicable page numbers provide easy reference
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.
The Lawyer's Almanac provides vital facts and figures on the courts, government, law schools, lawyers, and their work and organizations. Complete and up-to-date, it is the standard reference guide on the American legal scene and is useful for attorneys, law librarians, judges, law students, journalists, and anyone who needs quick access to information on the legal profession. The Lawyer's Almanac reflects the size and density of the legal profession. It includes a detailed listing of the nation's 700 largest law firms, along with their contact information, data on law firm finances, and detailed statistical analysis of corporate attorney compensation.
New law clerks: welcome to the federal court system. Career clerks: thank you for your continued service. During your clerkship, you will provide valuable assistance as your judge resolves disputes that are of great importance to the parties, and often to the public. The parties and the public accept judges' rulings because they trust the system to be fair and impartial. Maintaining this trust is crucial to the continued success of our courts. That's why, although you have many responsibilities that demand your attention, you must never lose sight of your ethical obligations. You need to become familiar with the Code of Conduct for Judicial Employees, which has five canons. In brief, the canons provide that you should - uphold the independence and integrity of the judiciary and of your office - avoid impropriety and the appearance of impropriety in all activities - adhere to appropriate standards in performing your duties; - avoid conflict with official duties and the appearance of impropriety in all outside activities - refrain from inappropriate political activities Scrupulously follow these canons and the other rules that govern your conduct. Do not assume that good intentions are enough. It is not enough to simply learn and follow the Code of Conduct and other related ethics rules, however. You also need to familiarize yourself with and follow your judge's ethical guidelines. These guidelines may differ from chambers to chambers. Your judge may impose restrictions that go beyond the Code. Although many of your obligations are the same as those of other federal judicial employees, certain restrictions are more stringent because of your special position in relation to the judge.