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.
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.
With complete coverage of the ethical principles that inform the role of the paralegal, Ethics and Professional Responsibility for Paralegals, Eighth Edition is ideal for use as either a primary course book, or a supplementary text. An authoritative presentation combined with clear and readable pedagogy enriches all levels of inquiry into the ethics of legal practice. Key Benefits: Comprehensive coverage of the professional responsibilities of paralegals, illuminated with chapter overviews, key terms, and a student-friendly organization. Discussion questions with hypotheticals and review questions in each chapter. Landmark cases, many involving paralegals, that demonstrate how the principles and rules of ethics are applied. Updated ethics opinions, with a focus on technology and social media, supported by new hypotheticals. Expanded coverage of how technology is affecting various aspects of ethics and practice, including confidentiality and privilege, competence, conflicts of interest and advertising. Many new cases including: State Bar v. Lang (unauthorized practice of law), Committee v. JPMorgan Chase (competence), Lola v. Skadden (professionalism), Pension Committee v. Banc of America Securities (advocacy), and McDermott v. Superior Court (confidentiality).
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
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.
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.
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: John P. Sahl,R. Michael Cassidy,Benjamin P. Cooper,Margaret C. Tarkington
Publisher: Wolters Kluwer Law & Business
This first-edition casebook, part of our expanding Focus series, offers a comprehensive, practice-oriented approach to the legal and ethical rules governing lawyers and judges. By providing real-world scenarios throughout the text, this casebook gives students numerous opportunities to apply what they learn and solidify their understanding of important concepts. Clear explanatory text, case previews, and case follow-ups further clarify the rules and aid in student understanding. The casebook begins with an introduction to the legal profession, and follows with concise, well-written chapters on the attorney-client relationship, covering competence, confidentiality, and conflicts of interest; discussion of the lawyer as advocate; special issues in criminal practice; coverage of delivery of legal services and access to justice, and a final chapter on judicial ethics. The first chapter on moral responsibility of lawyers helps situate and contextualize the rule-centric discussion of legal ethics that follows, by inviting students to appreciate the various roles that lawyers play in the legal system, their responsibilities to multiple stakeholders, and competing values at play in professional regulation. Key Benefits: Key Concepts at the beginning of each chapter. Highlighted cases introduced with a Case Preview. Post-Case Follow-ups expand on the holding in the case. Real Life Applications present opportunities to challenge students to apply concepts covered in the case to realistic hypothetical cases. Several features at the end of each chapter to help students better understand the material: Applying the Rules, Summary, Professional Responsibility in Practice The experiential approach of the Focus series provides more opportunities for critical analysis and application of concepts covered in the chapters. Extensive discussions and materials exploring the impact of technology on the delivery of legal services and the ways in which technological changes impact lawyers’ professional duties. The chapter on access to justice and pro bono services takes a comprehensive look at the sources of the justice gap and proposed solutions.
The objective of this text is to provide a convenient, accessible, practical & multi-jurisdictional account of the principles of professional responsibility. It attempts to explain the reasoning underlying these principles in order to assist students or lawyers to formulate a framework within which they may base their professional life. This text addresses the topics that form the basis for instruction of professional responsibility in legal practice courses in Australia & New Zealand. It is an excellent foundation text for such courses & is also a useful reference tool for practitioners.
Patent Ethics: Litigation serves as a guide to the ethical issues arising in the course of the patent litigation 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: Litigation is the second of two volumes on patent ethics-the first is on prosecution-written by Professor David Hricik and Drinker Biddle partner Mercedes Meyer. This treatise is the first of its kind to combine the PTO rules with commentary by the author, which distills the author's own experience and expertise in patent litigation into effective practice strategies.
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.
The scope of what qualifies as environmental litigation is huge, while at the same time, this area is growing rapidly as a result of evolving issues such as climate change litigation. The authors examine the most critical issues in specialized litigation, including global climate change, litigating government enforcement matters in both the civil and criminal context, citizen-suit actions, toxic tort and pesticide litigation, natural resources damages claims, and insurance as a source of recovery.