Model Rules of Professional Conduct


Book Description

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.




The American Legal Profession


Book Description

This book is a tight and fresh analysis of the American legal profession and its significance to society and its citizens. The book’s primary objective is to expose, and correct, the principal misconceptions— myths— surrounding prelaw study, law school admission, law school, and the American legal profession itself. These issues are vitally important to prelaw advisors and instructors in light of the difficult problems caused by the Great Recessions of 2008 and 2020– 2021 and the disruptions caused by the COVID-19 pandemic. Aimed equally at prelaw advisors and potential law students, this book can be used as a supplement in the interdisciplinary undergraduate law-related instructional market, including courses that cater to majors/minors in political science and criminal justice in particular. It can also be used in career counselling, internships, and the extensive paralegal program market. New to the Second Edition • Expanded coverage to include paralegal and legal assistant training. • New material on women and minority law students who are transforming law schools and the profession. • Explores challenges to the legal profession posed by economic recession, COVID-19, high tuition rates, exploding student loan debt, internet technological advances, and global competitive pressures, including legal outsourcing and DIY legal services. • Updated data and tables along with all underlying research.




Assessing Competence in Professional Performance across Disciplines and Professions


Book Description

This book examines the challenges of cross-professional comparisons and proposes new forms of performance assessment to be used in professions education. It addresses how complex issues are learned and assessed across and within different disciplines and professions in order to move the process of “performance assessment for learning” to the next level. In order to be better equipped to cope with increasing complexity, change and diversity in professional education and performance assessment, administrators and educators will engage in crucial systems thinking. The main question discussed by the book is how the required competence in the performance of students can be assessed during their professional education at both undergraduate and graduate levels. To answer this question, the book identifies unresolved issues and clarifies conceptual elements for performance assessment. It reviews the development of constructs that cross disciplines and professions such as critical thinking, clinical reasoning, and problem solving. It discusses what it means to instruct and assess students within their own domain of study and across various roles in multiple contexts, but also what it means to instruct and assess students across domains of study in order to judge integration and transfer of learning outcomes. Finally, the book examines what it takes for administrators and educators to develop competence in assessment, such as reliably judging student work in relation to criteria from multiple sources. "... the co-editors of this volume, Marcia Mentkowski and Paul F. Wimmers, are associated with two institutions whose characters are so intimately associated with the insight that assessment must be integrated with curriculum and instructional program if it is to become a powerful influence on the educational process ..." Lee Shulman, Stanford University







Character


Book Description

As Deborah L. Rhode explains in this wide-ranging work, the American public has long insisted on the central importance of character, but has failed to adequately nurture and sustain it in families, schools, law, and politics. All too often, our understandings of character are out of step with psychological research and fundamental values.







Regulation of Lawyers


Book Description

Regulation of Lawyers: Problems of Law and Ethics, 12th edition goes beyond the rules in teaching students the subtle differences between proper and improper conduct. Writing in his direct and lively style, Stephen Gillers explores the subtleties and nuances of the legal and ethical rules governing lawyers and judges. From great teaching cases, timely materials, and realistic problems, students come away with new insight, equipped to detect and avoid improper conduct over the course of their professional careers. Refined through years of classroom use, this casebook also offers comprehensive coverage, a balanced mix of materials, discussion beyond the rulesand from different perspectives, detailed notes, and an accessible and engaging style. New to the Twelfth Edition: McCoy v. Louisiana on allocation of decisionmaking authority between lawyer and client (U.S. Supreme Court 2018). Material on the criticism of Prof. Ronald S. Sullivan, Jr. for joining the Harvey Weinstein defense. Discussion of the debate over Rule 8.4(g), which forbids bias and harassment in law practice. Three problems test its application and First Amendment limits. 17 new problems and revision of many old ones. Enhanced material on judicial disqualification and bias in the courts. Enhanced material on challenges to the bar’s monopoly on the sale of for- profit legal services. Swinomish Indian Tribal Community v. BNSF Ry. Co., where the Ninth Circuit asked prominent law firms to defend discrepancies in their characterization of the record. Professors and students will benefit from: High-profile author—ProfessorGillers is a highly visible and recognized national authority on professional responsibility Comprehensive coverage thatincludes the full range of professional responsibility issues Well-balanced mixof cases, secondary sources, and timely materials, often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues Realistic, helpful, and abundant problems, many of which are based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior Discussion beyond the rules and from different perspectives to recognize that the law is not necessarily self-evident and covers many subtleties Excellent case selection Manageable length Detailed and challenging notes that provide in-depth treatment of the issues Accessible and engaging style characterized by variety, clarity, and humor CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.







Lawyers in Practice


Book Description

How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.