Moral, Ethics, Conduct, Misconduct And Professional Misconduct For An Advocate (With Case Laws)

Moral, Ethics, Conduct, Misconduct And Professional Misconduct For An Advocate (With Case Laws)

Author: Kumar Rajiv Ranjan

Publisher: BFC Publications

Published: 2023-10-06

Total Pages: 204

ISBN-13: 9357646485

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Book Synopsis Moral, Ethics, Conduct, Misconduct And Professional Misconduct For An Advocate (With Case Laws) by : Kumar Rajiv Ranjan

Download or read book Moral, Ethics, Conduct, Misconduct And Professional Misconduct For An Advocate (With Case Laws) written by Kumar Rajiv Ranjan and published by BFC Publications. This book was released on 2023-10-06 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.


Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Lawyers on Trial

Lawyers on Trial

Author: Richard L. Abel

Publisher:

Published: 2011

Total Pages: 514

ISBN-13: 0199760373

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People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.


Book Synopsis Lawyers on Trial by : Richard L. Abel

Download or read book Lawyers on Trial written by Richard L. Abel and published by . This book was released on 2011 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: People need lawyers for many things, including tax and immigration advice, drafting contracts, preparing wills, buying and selling houses, forming and dissolving companies, and representation and advice during divorce, probate, personal injury and criminal charges. But many people do not trust lawyers. With good reason, they fear that lawyers will neglect or overcharge them, betray them out of self-interest or on behalf of others, or obstruct the pursuit of justice out of overzealousness. Although the legal profession drafts ethical rules, law schools teach those rules, the bar exam tests lawyers' knowledge, and disciplinary bodies enforce them, we know that violations by lawyers are all too common. Lawyers on Trial: Understanding Ethical Misconduct by California Attorneys, by Richard L. Abel, presents six dramatic accounts of California lawyers who betrayed their clients and the legal system. Through the detailed records of the disciplinary proceedings, it examines some of the most common complaints about lawyers: chasing ambulances, charging excessive fees, violating conflict of interest rules, and displaying excessive zeal. These complex and compelling dramas serve to make the ethical rules, and the temptations they seek to curb, come vividly alive for law students, lawyers, those thinking of becoming lawyers, anyone who has been or might some day be a client, and the general public. The lessons to be drawn from these situations can help the legal profession and the public devise better strategies for ensuring that lawyers abide by the rules.


Advocacy and Professional Ethics Paper III Adcocate-on-Record (AOR) Examination of Supreme Court

Advocacy and Professional Ethics Paper III Adcocate-on-Record (AOR) Examination of Supreme Court

Author: DR. M. K. RAVI

Publisher: DR. M. K. RAVI

Published:

Total Pages: 196

ISBN-13:

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NOTE ABOUT BOOK The book consists of a compilation of eighteen chapters. The concept of a profession; Nature of the legal profession and its purposes; Connection between morality and ethics; Professional Ethics in general:-definitions, general principles, seven lamps of Advocacy, public trust doctrine, exclusive right to practice in Court; History of legal profession in India and relevant statutes; Law governing the profession and its relevance and scope; professional excellence and conduct. Professional, criminal and other misconduct and punishment for it (Ss. 35 and 24(A) and other provisions of the Advocates Act, 1961 and prescribed code of conduct); Duty not to strike; Advertisement/ Solicitation; The rules of the Bar council of India on the obligations and duties of the profession, need to shun sharp practices and commercialization of the profession and the role of the Bar in promotion of legal services under the constitutional scheme of providing equal justice; Role of Bar Council in regulating ethics. Bar Council Rules Chapter-II Standard of professional conduct and Etiquette. Different duties of an advocate lay down in the bar council rules on ethics; Conflict between duties and law to resolve them. Difference between: breach of ethics and misconduct and negligence, misconduct and crime; Perspectives on the role of the profession in the Adversary system and critiques of the adversary system with ethics; Issues of advocacy in the criminal law adversarial system, the zealous advocacy in the criminal defense setting and prosecutorial ethics; Lawyer client relationship, confidentiality and issues of conflicts of interest (Sec. 126 of the Evidence Act); Counseling, negotiation and mediation and their importance to administration of justice. Mediation – Ethical Consideration; Amicus Curiae – Ethical Consideration; Current developments in the organization of the profession, firms, companies etc. and application of ethics; Special role of the profession in Supreme Court Practice and its obligations to administration of justice. Adjournments; Duties of Advocate-on-Record; Supervisory role of Supreme Court; Contempt of Courts; Role of Bar Council and Bar Associations, Role of Bar Council, Role of Bar Association, and Code of Legal Ethics of Bar Associations; Duties of Advocate on Record, Adjournment in Courts; Supervisory Role of Supreme Court, Special Role of the Profession in Supreme Court practice and its Obligations to Administration of Justice; Current developments in the organization of the Profession, Firms, Companies etc. and Application of Ethics; Perspectives on the Role of the Profession in the Adversary System and critiques of the Adversary System vis a vis Ethics; And Comparative study of the Profession and Ethics in various countries, and their relevance to the Bar.


Book Synopsis Advocacy and Professional Ethics Paper III Adcocate-on-Record (AOR) Examination of Supreme Court by : DR. M. K. RAVI

Download or read book Advocacy and Professional Ethics Paper III Adcocate-on-Record (AOR) Examination of Supreme Court written by DR. M. K. RAVI and published by DR. M. K. RAVI. This book was released on with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: NOTE ABOUT BOOK The book consists of a compilation of eighteen chapters. The concept of a profession; Nature of the legal profession and its purposes; Connection between morality and ethics; Professional Ethics in general:-definitions, general principles, seven lamps of Advocacy, public trust doctrine, exclusive right to practice in Court; History of legal profession in India and relevant statutes; Law governing the profession and its relevance and scope; professional excellence and conduct. Professional, criminal and other misconduct and punishment for it (Ss. 35 and 24(A) and other provisions of the Advocates Act, 1961 and prescribed code of conduct); Duty not to strike; Advertisement/ Solicitation; The rules of the Bar council of India on the obligations and duties of the profession, need to shun sharp practices and commercialization of the profession and the role of the Bar in promotion of legal services under the constitutional scheme of providing equal justice; Role of Bar Council in regulating ethics. Bar Council Rules Chapter-II Standard of professional conduct and Etiquette. Different duties of an advocate lay down in the bar council rules on ethics; Conflict between duties and law to resolve them. Difference between: breach of ethics and misconduct and negligence, misconduct and crime; Perspectives on the role of the profession in the Adversary system and critiques of the adversary system with ethics; Issues of advocacy in the criminal law adversarial system, the zealous advocacy in the criminal defense setting and prosecutorial ethics; Lawyer client relationship, confidentiality and issues of conflicts of interest (Sec. 126 of the Evidence Act); Counseling, negotiation and mediation and their importance to administration of justice. Mediation – Ethical Consideration; Amicus Curiae – Ethical Consideration; Current developments in the organization of the profession, firms, companies etc. and application of ethics; Special role of the profession in Supreme Court Practice and its obligations to administration of justice. Adjournments; Duties of Advocate-on-Record; Supervisory role of Supreme Court; Contempt of Courts; Role of Bar Council and Bar Associations, Role of Bar Council, Role of Bar Association, and Code of Legal Ethics of Bar Associations; Duties of Advocate on Record, Adjournment in Courts; Supervisory Role of Supreme Court, Special Role of the Profession in Supreme Court practice and its Obligations to Administration of Justice; Current developments in the organization of the Profession, Firms, Companies etc. and Application of Ethics; Perspectives on the Role of the Profession in the Adversary System and critiques of the Adversary System vis a vis Ethics; And Comparative study of the Profession and Ethics in various countries, and their relevance to the Bar.


Connecting Ethics and Practice

Connecting Ethics and Practice

Author: Katerina P. Lewinbuk

Publisher: Aspen Publishing

Published: 2019-02-12

Total Pages: 480

ISBN-13: 1543809944

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In Connecting Ethics and Practice: A Lawyer’s Guide to Professional Responsibility, Second Edition, Katerina Lewinbuk 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 lawyers face at some point in their career. 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 Second Edition: Two-color format and new design add visual appeal Revised chapters contain contemporary cases, discussions, and studies Updates include recent changes to the ABA Model Rules of Professional Conduct New coverage includes: Discussion of the ethical issue relating to Judge Kavanaugh hearings Recent famous case of McCoy v. Louisiana New statistics re: women in the legal profession and malpractice claims against lawyers Professors and students will benefit from: The easy-to-follow logical sequence of all relevant rules that are clearly articulated at the beginning of the book and then reiterated accordingly in every chapter Structured material that is well-suited for a new or experienced professor Chapters based on quality readings as opposed to quantity Engaging, realistic examples that exhibit how each Rule relates to practice Simple, consistent organization of each chapter—offering a clear, logical layout and allowing for ease of use and teaching throughout Chapter introductions that begin with concise explanations of the applicable Rules to be discussed Controversial, contemporary, and thought-provoking readings Discussion questions at the end of each reading, as well as at the end of each chapter, that encourage colorful and lively dialogue and participation Table of Model Rules with applicable page numbers for easy reference


Book Synopsis Connecting Ethics and Practice by : Katerina P. Lewinbuk

Download or read book Connecting Ethics and Practice written by Katerina P. Lewinbuk and published by Aspen Publishing. This book was released on 2019-02-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Connecting Ethics and Practice: A Lawyer’s Guide to Professional Responsibility, Second Edition, Katerina Lewinbuk 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 lawyers face at some point in their career. 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 Second Edition: Two-color format and new design add visual appeal Revised chapters contain contemporary cases, discussions, and studies Updates include recent changes to the ABA Model Rules of Professional Conduct New coverage includes: Discussion of the ethical issue relating to Judge Kavanaugh hearings Recent famous case of McCoy v. Louisiana New statistics re: women in the legal profession and malpractice claims against lawyers Professors and students will benefit from: The easy-to-follow logical sequence of all relevant rules that are clearly articulated at the beginning of the book and then reiterated accordingly in every chapter Structured material that is well-suited for a new or experienced professor Chapters based on quality readings as opposed to quantity Engaging, realistic examples that exhibit how each Rule relates to practice Simple, consistent organization of each chapter—offering a clear, logical layout and allowing for ease of use and teaching throughout Chapter introductions that begin with concise explanations of the applicable Rules to be discussed Controversial, contemporary, and thought-provoking readings Discussion questions at the end of each reading, as well as at the end of each chapter, that encourage colorful and lively dialogue and participation Table of Model Rules with applicable page numbers for easy reference


Professional Conduct and the Law

Professional Conduct and the Law

Author: Constance Fain

Publisher:

Published: 2022

Total Pages: 0

ISBN-13:

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This book, Professional Conduct and the Law, offers a survey of ethical rules, disciplinary actions, legal malpractice principles and cases, legal forms, and risk management documents for lawyers. It is the overall goal of this book to increase the attorney's knowledge necessary to prevent the damage caused by unintended and purposeful ethical and legal violations, as well as avoid the adverse consequences to the attorney for such violations. Therefore, the attorney should be able to recognize potential ethical and legal problems before they develop.


Book Synopsis Professional Conduct and the Law by : Constance Fain

Download or read book Professional Conduct and the Law written by Constance Fain and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, Professional Conduct and the Law, offers a survey of ethical rules, disciplinary actions, legal malpractice principles and cases, legal forms, and risk management documents for lawyers. It is the overall goal of this book to increase the attorney's knowledge necessary to prevent the damage caused by unintended and purposeful ethical and legal violations, as well as avoid the adverse consequences to the attorney for such violations. Therefore, the attorney should be able to recognize potential ethical and legal problems before they develop.


Professional Responsibility in Focus

Professional Responsibility in Focus

Author: John P. Sahl

Publisher: Aspen Publishing

Published: 2021-01-12

Total Pages: 698

ISBN-13: 1543831206

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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


Book Synopsis Professional Responsibility in Focus by : John P. Sahl

Download or read book Professional Responsibility in Focus written by John P. Sahl and published by Aspen Publishing. This book was released on 2021-01-12 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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


Lawyers and Justice

Lawyers and Justice

Author: David Luban

Publisher: Princeton University Press

Published: 1988-12-21

Total Pages: 484

ISBN-13: 9780691022901

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The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.


Book Synopsis Lawyers and Justice by : David Luban

Download or read book Lawyers and Justice written by David Luban and published by Princeton University Press. This book was released on 1988-12-21 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.


Professional Responsibility

Professional Responsibility

Author: Deborah L. Rhode

Publisher: Aspen Publishers

Published: 1998

Total Pages: 880

ISBN-13:

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Deborah Rhode, 1998 President of the American Association of Law Schools, organizes Professional Responsibility around real-life problems and exercises based on reported cases and commentary to give students needed exposure To The ethical dimensions of lawyering. Divided into two major parts, Professional Responsibility opens with material central to all courses in professional responsibility: Traditions of Moral Reasoning Regulation of the Profession Advocacy the Adversary System Confidentiality Conflicts of Interest Negotiation and Mediation the lawyer-Client Relationship the next part of the book applies this information to specific substantive areas of law: Civil Procedure Constitutional Law Contracts Corporations Criminal Law and Procedure Evidence and Trial Advocacy Family Law Property Tax Torts Extensive cross-referencing emphasizes substantive connections among the chapters and facilitates and integrated approach To The material. Each chapter includes problems leading to cases, commentary, inter disciplinary notes, and references. Rhode devotes careful attention To The Model Code of Professional responsibility And The Model rules Professional Conduct. Instructors will find the full revised Teacher's Manual with its simulation exercises, preparatory notes, questions, background materials, and bibliographic references and extremely helpful teaching tool. Numerous problems and several new simulation exercises highlight this revision. Race, gender, and ethic bias; alternative dispute resolution; and relationships between lawyers in organizational setting are just a few examples of the many timely issues Rhode addresses as she delves into the substantive application of professional ethics.


Book Synopsis Professional Responsibility by : Deborah L. Rhode

Download or read book Professional Responsibility written by Deborah L. Rhode and published by Aspen Publishers. This book was released on 1998 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deborah Rhode, 1998 President of the American Association of Law Schools, organizes Professional Responsibility around real-life problems and exercises based on reported cases and commentary to give students needed exposure To The ethical dimensions of lawyering. Divided into two major parts, Professional Responsibility opens with material central to all courses in professional responsibility: Traditions of Moral Reasoning Regulation of the Profession Advocacy the Adversary System Confidentiality Conflicts of Interest Negotiation and Mediation the lawyer-Client Relationship the next part of the book applies this information to specific substantive areas of law: Civil Procedure Constitutional Law Contracts Corporations Criminal Law and Procedure Evidence and Trial Advocacy Family Law Property Tax Torts Extensive cross-referencing emphasizes substantive connections among the chapters and facilitates and integrated approach To The material. Each chapter includes problems leading to cases, commentary, inter disciplinary notes, and references. Rhode devotes careful attention To The Model Code of Professional responsibility And The Model rules Professional Conduct. Instructors will find the full revised Teacher's Manual with its simulation exercises, preparatory notes, questions, background materials, and bibliographic references and extremely helpful teaching tool. Numerous problems and several new simulation exercises highlight this revision. Race, gender, and ethic bias; alternative dispute resolution; and relationships between lawyers in organizational setting are just a few examples of the many timely issues Rhode addresses as she delves into the substantive application of professional ethics.


Traversing the Ethical Minefield

Traversing the Ethical Minefield

Author: Susan R. Martyn

Publisher: Aspen Publishing

Published: 2022-08-12

Total Pages: 610

ISBN-13: 1543846149

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This casebook offers students accessible, teachable, and insightful primary material, problems, and notes that clarify and encourage analysis of the law governing lawyers. The book’s innovative pedagogy uses a combination of problems faced by fictitious law firm “Martyn and Fox,” cases, ethics opinions, notes, and tables to support its focus on teaching the Model Rules of Professional Conduct and the Restatement of the Law Governing Lawyers and invite consideration of lawyer ethical dilemmas. The book’s manageable length makes it short enough to provide focus, but long enough to convey the rich texture of the subject. New to the Fifth Edition: New co-authors Profs. Ana Pottratz Acosta and Ashley M. London bring to this edition their combined years of legal practice, clinical legal education, expertise in legal analysis, and classroom pedagogy. Expanded coverage of agency law and fiduciary duties, along with new and updated cases, ethics opinions, problems, notes, and tables. 6 new court decisions, including In re Giuliani (summary disbarment) and King v. Whitmer (frivolous lawsuit sanctions). 8 new ethics opinions address contemporary issues, such as e-lawyering, client fraud on administrative agencies and courts, lawyer-directors and entity clients, immigration, and representing fiduciary clients who harm beneficiaries. 16 “Afterwords” provide students with additional information about the parties and the subsequent impact of cases. Professors and students will benefit from: Comprehensive coverage of a wide range of ethical issues and remedies through a combination of 138 short problems, 55 cases, 16 afterwords, 13 ethics opinions, 13 tables, and explanatory notes throughout that showcase and clarify the law governing lawyers. Student-accessible, teachable problems encourage nuanced explorations of the Model Rules, Restatement, cases, and materials, suited to both large- and small-classes. Thematic notes introduce students to sources and content of the law governing lawyers and commentary about the legal profession organized around recurring themes:? Lawyers’ Roles (lawyers who suffer consequences by under- or over-identifying with clients and those who avoid these dangers) The Law Governing Lawyers (professional discipline, tort liability, and equitable remedies, including undue influence presumptions, constructive trusts, fee forfeiture, disqualification, injunctive relief, and procedural sanctions) The Bounds of the Law (the rules of professional conduct, court orders, fraud, crime, and applicable statutes) Lawyers and Clients (ethics issues arising in specific client representations, such as pro bono, criminal and insurance defense, organizations, and governments) Text is short enough to cover in a typical course but detailed enough to provide thorough treatment of the issues at hand. The innovative Teacher’s Manual provides basic and expanded information for each problem, including a short answer, a policy analysis, suggestions for additional hypos, and extensive citations to cases and materials that have considered the issue. Annual supplement including Model Rules, Restatement, and Code of Judicial Conduct.


Book Synopsis Traversing the Ethical Minefield by : Susan R. Martyn

Download or read book Traversing the Ethical Minefield written by Susan R. Martyn and published by Aspen Publishing. This book was released on 2022-08-12 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook offers students accessible, teachable, and insightful primary material, problems, and notes that clarify and encourage analysis of the law governing lawyers. The book’s innovative pedagogy uses a combination of problems faced by fictitious law firm “Martyn and Fox,” cases, ethics opinions, notes, and tables to support its focus on teaching the Model Rules of Professional Conduct and the Restatement of the Law Governing Lawyers and invite consideration of lawyer ethical dilemmas. The book’s manageable length makes it short enough to provide focus, but long enough to convey the rich texture of the subject. New to the Fifth Edition: New co-authors Profs. Ana Pottratz Acosta and Ashley M. London bring to this edition their combined years of legal practice, clinical legal education, expertise in legal analysis, and classroom pedagogy. Expanded coverage of agency law and fiduciary duties, along with new and updated cases, ethics opinions, problems, notes, and tables. 6 new court decisions, including In re Giuliani (summary disbarment) and King v. Whitmer (frivolous lawsuit sanctions). 8 new ethics opinions address contemporary issues, such as e-lawyering, client fraud on administrative agencies and courts, lawyer-directors and entity clients, immigration, and representing fiduciary clients who harm beneficiaries. 16 “Afterwords” provide students with additional information about the parties and the subsequent impact of cases. Professors and students will benefit from: Comprehensive coverage of a wide range of ethical issues and remedies through a combination of 138 short problems, 55 cases, 16 afterwords, 13 ethics opinions, 13 tables, and explanatory notes throughout that showcase and clarify the law governing lawyers. Student-accessible, teachable problems encourage nuanced explorations of the Model Rules, Restatement, cases, and materials, suited to both large- and small-classes. Thematic notes introduce students to sources and content of the law governing lawyers and commentary about the legal profession organized around recurring themes:? Lawyers’ Roles (lawyers who suffer consequences by under- or over-identifying with clients and those who avoid these dangers) The Law Governing Lawyers (professional discipline, tort liability, and equitable remedies, including undue influence presumptions, constructive trusts, fee forfeiture, disqualification, injunctive relief, and procedural sanctions) The Bounds of the Law (the rules of professional conduct, court orders, fraud, crime, and applicable statutes) Lawyers and Clients (ethics issues arising in specific client representations, such as pro bono, criminal and insurance defense, organizations, and governments) Text is short enough to cover in a typical course but detailed enough to provide thorough treatment of the issues at hand. The innovative Teacher’s Manual provides basic and expanded information for each problem, including a short answer, a policy analysis, suggestions for additional hypos, and extensive citations to cases and materials that have considered the issue. Annual supplement including Model Rules, Restatement, and Code of Judicial Conduct.