Author: Douglas R. Richmond,Brian S. Faughnan,Michael M. Matula
Category: Legal ethics
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.
Author: John Floyd Sutton,John S. Dzienkowski
Publisher: West Academic
Introduces students to rules of ethics, procedure, and substantive principles of law. Students are reminded of the three principal contexts of lawyer regulation: (1) the disciplinary committee; (2) the malpractice forum; and (3) the judicial regulation of lawyers in representing clients. The book also balances professional responsibility issues in litigation and office practice areas. Over a quarter of the discussion on representation is devoted to problems of a lawyer as an adviser, intermediary, evaluator, and lobbyist. Students entering an office practice (tax, corporate, securities, and real estate) will benefit from the book, as will those who practice in the civil or criminal courtroom.
Author: Andrew Boon
Publisher: Bloomsbury Publishing
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 Limits of Zealous Advocacy
Author: William H. Fortune,Richard H. Underwood,Edward J. Imwinkelried
Publisher: Aspen Publishers Online
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.
Author: Therese A. Cannon
Publisher: Aspen Publishers Online
Ethics and Professional Responsibility for Paralegals provides complete coverage of legal ethics tailored to the needs of the practicing paralegal. Now in its fifth edition, Therese Cannon's authoritative and highly successful textbook continues to provide paralegal students with invaluable insights into the ethical principles they will face in practice. Among the attributes that make this text so effective: comprehensive coverage of all the major areas of legal ethics, placing special emphasis on how the rules affect paralegals authoritative presentation combined with clear and readable text and effective pedagogy. Each chapter begins with an overview, followed by well-written text in a well-organized format. Key terms are introduced in italics. Review questions reinforce the material. discussion questions, hypotheticals, research and other outside assignments provide depth and practice in applying the rules each chapter includes landmark cases on paralegals and other cases that demonstrate how the principles and rules are applied useful appendices provide the text of paralegal association ethics codes that are referenced throughout the book the book is easily adaptable to courses of different lengths and can be used in other paralegal courses for supplementary ethics coverage across the curriculum teaching package includes an Instructor's Manual with Test Bank and PowerPoint slides The Fifth Edition has been enhanced with: new rules and cases, including changes in ABA Model Rules and new cases on supervision, UPL, confidentiality, conflicts, competence and litigation new assignments and research projectsmore hypotheticals suitable for use in class discussions or as assignments added to discussion questions expanded Instructor's Manual that includes a Test Bank Web site that has links to state-specific ethics rules, ethics opinions and guidelines Written by the highly respected legal educator, Therese Cannon, there is no text comparable to Ethics and Professional Responsibility for Paralegals for teaching professional responsibility to paralegal students.
Examples & Explanations
Author: W. Bradley Wendel
Publisher: Aspen Publishers Online
Now in its Second Edition, Examples & Explanations: Professional Responsibility continues to be an appropriate ancillary source for students in any Professional Responsibility course. Not only does it utilize the proven pedagogy of the E&E series, but it is a completely comprehensive and well-balanced text. This problem-oriented guide is not a simple march through the Model Rules. Instead, it is structured around concepts, with rules and the generally applicable law introduced as needed. This edition retains the great features that made it a dependable source for students in its First Edition: covers the entire law governing lawyers includes agency, fiduciary duty, tort, contract, constitutional, and corporate and securities law. applies concepts and introduces the generally applicable law as needed, avoiding a narrow focus on the Model Rules supplements textual discussions with examples that work through progressively more complex issues uses both text and problems to break the analysis down into steps presents a balanced approach to controversial issues offers an accessible, conversational style draws examples from actual cases, so they are representative of the problems students can expect to encounter in practice incorporates the new sources of law (ABA's Ethics 2000 Initiative, Restatement of Law Governing Lawyers, the Sarbanes-Oxley Act) organically, rather than as add-ons Carefully revised in its Second Edition, this fully up-to-date source: integrates carefully and thoughtfully updated cases, ethics opinions, and problems emphasizes the newest versions of the ABA rules, while retaining information about the older rules where necessary An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/wendel2
Author: Arthur H. Garwin
The 2016 edition of the American Bar Association Center for Professional Responsibility Compendium of Professional Responsibility Rules and Standards gathers together for immediate reference the essential legal ethics materials needed by lawyers and judges in their daily practice, law students in their exploration of the standards of their new profession, and legal scholars in their analysis of the changing currents that influence professional regulation.
Author: ABA Center for Professional Conduct
Publisher: American Bar Association
The Model Rules of Professional Conduct offers timely information on lawyer ethics. The 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 help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.
Author: Maynard E. Pirsig,Kenneth F. Kirwin
Publisher: West Group
Looks at the meaning of professional responsibility and the underlying concepts and criticisms of the legal profession, including the codes of professional conduct, professional organizations, and the composition of the bar. Reviews the regulation of the practice of law, the admission to the bar, and the unauthorized practice of law. Includes the confidentiality of information and underlying policies. Discusses conflict of interest and disqualification regarding a lawyer's own interest, multiple clients' interests, and a third person's interests.
Author: Allan C. Hutchinson
Publisher: Concord, Ont. : Irwin Law
Changes in the way law is practiced, and who practices it, demand a new approach to legal ethics and professional responsibility--one that stresses personal responsibility over professional regulation. Hutchinsons book is an accessible introduction to the topic and a provocative call to arms for the profession. This edition includes analysis of the Canadian Bar Associations 2006 Code of Professional Conduct.
Author: Philip B. Heymann,Lance Liebman
Publisher: Foundation Pr
This text offers an in-depth examination of legal professionals' social and professional responsibility. The authors cite case studies illustrating actual ethical considerations lawyers have faced, accompanied by thought-provoking commentary and questions. Topics covered include the lawyer-client relationship, the roles of lawyers, and lawyer responsibilities in the adversary system.
Author: Kent Kauffman
Publisher: Cengage Learning
With its practical, hands-on approach to legal ethics, the third edition of LEGAL ETHICS is designed to ensure that readers have a solid grasp of the ethical rules that apply in the legal setting. Comprehensive yet easy to understand, this engaging book provides a thorough and substantive analysis of the major principles that affect how the practice of law is regulated. Filled with real-life examples of lawyer and non-lawyer instances of misconduct, current and classic case law, and discussions of famous (and infamous) people, this straightforward book brings the material to life and demonstrates how courts interpret and apply ethical rules to lawyers and their non-lawyer employees. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: James E. Moliterno
Publisher: Aspen Publishers Online
CrunchTime provides the right information, in the right format, at the right time. If you learn best through application flow charts, get your CrunchTime early in the semester and use it as a visual aid throughout your course. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades!
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.
Political Commitments and Professional Responsibilities
Author: Austin Sarat,Stuart Scheingold
Publisher: Oxford University Press
Why do some lawyers devote themselves to a given social movement or political cause? How are such deeds of individual commitment and personal belief justly executed, given the ideals of disinterested professional service to which lawyers are (in theory, at least) supposed to adhere? What can we learn from such lawyers about the relationship between law and politics? Cause Lawyering is a wise and varied collection of responses to these questions, featuring a number of distinguished legal scholars concerned with anti-poverty lawyers, lawyers who work against capital punishment, immigration lawyers, and other lawyers working to end oppression. Editors Austin Sarat and Stuart Scheingold have assembled here a valuable cross-national portrait of lawyers compelled to sacrifice financial gain so as to use their legal skills in the promotion of a more just society. These telling and important essays fully explore the relationship between cause lawyering and the organized legal professions of many different countries--the US, England, South Africa, Israel, Cuba, and so forth. They describe the utility of law as a resource in political struggles and, conversely, highlight the constraints under which lawyers necessarily operate when they turn to politics. Some provide broad theoretical overviews; others present rich case studies. Advancing a fundamental argument about the very nature of the legal profession, this book explains the strategies that cause lawyers deploy, as well as the challenges they face in trying to be legally astute and effective while remaining politically devoted and aware. Although it is a controversial way of practicing law, cause lawyering, as explicated in the essays in this volume, is indeed indispensable to the legitimization of professional authority.
Author: Duncan Alexander Webb,Kathryn Dalziel,Kerry Hayden Cook
Category: Legal ethics
Since the last edition of Ethics, Professional Responsibility and the Lawyer was published the Lawyers and Conveyancers Act 2006 has been enacted and Rules of Conduct and Client Care replaced the Rules of Professional Conduct for Barristers and Solicitors in 2008. Consequently there have been huge changes to the field of legal ethics. This new edition incorporates these changes and the relevant jurisprudence and includes expanded analysis of associated key topics including: lawyer-client relationships and conflicts; client confidences; privacy; and duties of care. Legal ethics is a compulsory course for all New Zealand law students and an integral part of the lawyers' professional life making Ethics, Professional Responsibility and the Lawyer a must-have text for all current and aspiring lawyers.; Reflects and discusses the changes to the legal profession (and its ethical and professional responsibility requirements) with the implementation of Lawyers and Conveyancers Act (2006) and the new rules of Conduct and Client Care ; Expanded discussion of duties of client care; privacy; litigation duties and confidence; Clarification of distinctions between confidentiality and privacy; Extensive revision of sections on lawyer-client relationships especially the cab-rank rule and termination and lawyer-client conflicts
Author: Andrew Boon,Jennifer Levin
Publisher: Hart Pub
The second edition of this path-breaking text successfully maps the complex regulatory environment in which the legal profession in England and Wales now operates. It opens with a critical overview of professional ideals, organisation, power and culture and an examination of the mechanisms of professions, exercised through governance, regulation, discipline and education. The core of the book explores the conflict between duties owed to clients (diligence and confidentiality) and wider duties (to the profession, third parties and society). The final part applies lawyers' ethics to dispute settlement (litigation, negotiation, advocacy and alternative dispute settlement). The second edition incorporates the considerable changes to the law, codes and the policies of government occurring since the first edition. Once again, the authors seek the guiding principles against which the suitability and efficacy of long-standing principles should be judged, asking whether the professions are suitably regulated in an era of sustained and continuous change.From the reviews of the First Edition:'The publication of this book should put to rest any future controversy about whether legal ethics is a deserving topic of academic research and whether it should be taught in law faculties. The answer that Boon and Levin give is a resounding and uncompromising YES...The Ethics and Conduct of Lawyers in England and Wales is a book that should take pride of place on the bookshelves of any self-respecting lawyer or academic...quite simply an exemplary and superior piece of legal scholarship that merits attention by anyone who is interested in the workings of the legal profession and the development of law which of course, should mean everyone.Allan C Hutchinson, Journal of Law and Society'...the most scholarly and detailed of its kind'.Michael Beloff QC, Times Higher Education Supplement'A significant book that meets a current need in those law schools which have already accepted that the ethics and conduct of lawyers in England and Wales quite properly has a place in Legal Education.'Richard Tur, The Law Quarterly Review