Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

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.

Confounded Expectations

Confounded Expectations PDF

Author: George W. Jarecke

Publisher: SIU Press

Published: 2000

Total Pages: 172

ISBN-13: 9780809322923

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George W. Jarecke and Nancy K. Plant present a selection of cases across a broad spectrum of American law to demonstrate that our society relies inappropriately on the legal system to cure ills the system was not designed to address. Jarecke and Plant note that while we in the United States worry considerably about the problem of individual assumption of responsibility--whether for personal mistakes, financial setbacks, or pure bad luck--we appear uneasy about the concept and unclear about what it means on a daily basis. Not only are we incapable of accepting personal responsibility; we barely know what it means to do so. Mistakenly, we turn to the legal system to solve this dilemma. Yet our laws as our legislators write them, as judges interpret them, as lawyers argue them, and as juries apply them send mixed messages about whether and how we should exercise personal responsibility. Each chapter of Confounded Expectations features one main case to explain one legal theory, with other cases noted as examples of facets of each theory. To demonstrate the law that requires merchants to guarantee the quality of their products, for example, Jarecke and Plant discuss the case of the band mothers whose fund-raising luncheon menu included turkey salad contaminated by salmonella. Peripheral cases include a horse falsely sold as a gelding, a riding mower that tipped over when used as instructed, makeup that was guaranteed to be safe but caused a rash, and pigs sick with hog cholera.

Beyond the Rules

Beyond the Rules PDF

Author: Catherine O'Grady

Publisher: West Academic Publishing

Published: 2021-08-13

Total Pages: 150

ISBN-13: 9781642429947

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This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including admission to the practice of law, confidentiality, conflicts of interest, representing entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students' understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making. The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They have found that students enjoy studying and discussing behavioral insights, and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines, policy, and context that underlie the law of lawyering and the ABA Model Rules. A sampling of student testimonials include: "I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession." "I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens." "I appreciated the unique take from the behavioral sciences side." "It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point."

Connecting Ethics and Practice

Connecting Ethics and Practice PDF

Author: Katerina P. Lewinbuk

Publisher: Aspen Publishing

Published: 2023-09-15

Total Pages: 488

ISBN-13:

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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

Ethical Lawyering

Ethical Lawyering PDF

Author: Bernard A. Burk

Publisher: Aspen Publishing

Published: 2021-09-14

Total Pages: 1283

ISBN-13: 1543823270

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Many professional responsibility professors struggle to engage students in a required course, one that students wouldn’t otherwise have chosen to take, covering material that simultaneously appears both obvious and intricately technical. Ethical Lawyering: A Guide for the Well-Intentioned addresses those concerns with a fresh look at teaching and learning Professional Responsibility. Instead of containing impenetrable cases typical of most professional responsibility casebooks, which force students and teachers to sort out convoluted facts and incomplete or out-of-date analysis, this book “flips the classroom” by providing detailed explanations of the Model Rules, accompanied by problems for class discussion that require students to explore how the Rules apply in real-world situations—a structure which lends itself easily to both in-person and online courses. The book’s explanations are focused on building statutory interpretation skills, and then bringing these skills to common practice scenarios. Discussion covers all aspects of the law governing lawyers, from professional discipline to civil liability to court sanctions, as well as informal concerns, such as client relations and the business of law practice. Professors and students will benefit from: A “flipped classroom” structure in which the book provides detailed explanations of the Model Rules, interspersed with problems for class discussion, that are both drawn from practice and illustrate some of the challenges in applying the rules in real-world situations. MPRE-style multiple-choice review questions at the end of each chapter (or after substantial portions of a chapter) addressing the material. An informal, irreverent, down to earth, and conversational style, meant to be accessible, crafted to engage students without understating the seriousness of the subject matter, and to encourage them to put themselves into the “hot seats” that the problems describe. A statutory construction approach to the Model Rules, designed to build text-interpretation skills. A comprehensive treatment of the law regulating lawyers, considering all of the practical hazards that lawyers face, and illustrating the connections between the Model Rules as a basis for professional discipline and the law of torts (fiduciary duty and malpractice), contracts (scope of the attorney-client relationship and engagement agreements), agency (authority), and procedure (sanctions), as well as informal concerns such as client relations and reputational issues. A digital edition that includes links to all necessary statutory materials. Teaching materials Include: A detailed Teacher’s Manual, including: Suggested syllabi for two-hour and three-hour courses. Detailed analyses of all of the problems, including pedagogical suggestions, to stimulate class discussion. Explanatory answers to the MPRE-style multiple-choice review questions. Suggested PowerPoints for class use. Two online-only chapters (The Government Lawyer; Judicial Ethics).

Moral Duty and Legal Responsibility

Moral Duty and Legal Responsibility PDF

Author: Philip E. Davis

Publisher:

Published: 1966

Total Pages: 322

ISBN-13:

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Text and full-color paintings describe the cars and coaches on freight and passenger trains and the different kinds of locomotive past and present.

Your Legal Responsibility

Your Legal Responsibility PDF

Author: Louis Robison Ed.D

Publisher: Xlibris Corporation

Published: 2016-11-22

Total Pages: 67

ISBN-13: 1524560774

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New teachers with the hope of becoming veteran teachers often require reminders that the field of teaching is not for the faint of heart. As such, this books intended appeal is to professional classroom teachers who come into daily contact with their students, their parents, and their colleagues. Human resource officers and district and school level administrators will find this book to be a managers tool for sharing certain warning signs during preschool orientation and teacher in-service training. Teacher unions will benefit from having this book as a practical guide to aid in circumventing teacher misconduct on and off the job with the hope of minimizing disciplinary action. Lastly, university teaching professionals in teacher education programs may see this book as a practical guide when working with aspiring teachers.

Glannon Guide to Professional Responsibility

Glannon Guide to Professional Responsibility PDF

Author: Dru Stevenson

Publisher: Aspen Publishing

Published: 2020-10-04

Total Pages: 400

ISBN-13: 154382983X

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The Glannon Guide to Professional Responsibility is a clear, concise textbook on the important topic of professional responsibility in legal practice. Using the tried-and-true Glannon Guide format of topical explanation followed by multiple-choice questions and explanations of the answers, the book allows students not only to learn and review course content, but also to pass the Multistate Professional Responsibility Examination (MPRE). Chapters are arranged in order of how heavily the MPRE tests each subject to help students prioritize their review. Professor Stevenson, a tenured law professor at South Texas College of Law and a leading instructor in this field, has used his extensive experience teaching this course to develop a series of questions specifically designed to prepare students for the MPRE, and to provide thorough coverage of the ABA Model Rules of Professional Conduct. This study aid can be used with any casebook or course on professional responsibility. Following the format of the Glannon Guide series, this book features multiple-choice questions integrated into a full-fledged review of the Professional Responsibility course. Clear explanations of correct and incorrect answers help to clarify nuances in the law. The multiple-choice questions are sophisticated and neither too difficult nor too simple, with valuable exam-taking pointers interspersed within the substantive text. A more challenging final question at the end of each chapter (the “Closer”) illustrates a sophisticated problem in the area under discussion. New to the Third Edition: Completely updated chapter on Advertising and Solicitation reflects the most recent changes to the Model Rules. New sections provide in-depth coverage of attorney-client privilege and work product protection. Professors and students will benefit from: Concise introductions giving an overview of each subject, including discussion of how the MPRE tests the topic Comparison to and contrast from related rules and provisions throughout the Model Rules or the common law Practice questions highlighting important exceptions to each rule Thorough coverage of the American Bar Association’s Model Rules of Professional Conduct, including the official Comments and clarifying ABA ethics opinions

Emanuel CrunchTime for Professional Responsibility

Emanuel CrunchTime for Professional Responsibility PDF

Author: James E. Moliterno

Publisher: Aspen Publishing

Published: 2019-12-31

Total Pages: 348

ISBN-13: 1543819869

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Emanuel CrunchTime provides the right information, in the right format, at the right time to prepare for exams. Based on the trusted Emanuel Law Outlines developed by a Harvard law student (while he was in law school), Emanuel CrunchTime skillfully employs flow charts so you can walk step-by-step through the major principles and topics in the course in a pattern that can be used to analyze any exam question. Abundant tips and ample review features help you approach the final with confidence. The Capsule Summary allows you to quickly review key concepts, and you can test your knowledge by working through the many Short-Answer Q&A s. CrunchTime lets you practice your essay exam skills as well. Exams Tips based on hundreds of past law school and bar exam questions recap the legal issues commonly tested. CrunchTime study aids structure the maximum amount of information you can learn in the last week before exams. Developed for students by a Harvard law student (while he was in law school), Emanuel CrunchTime titles provide the trusted guidance of Emanuel Law Outlines in a tighter, briefer format for quick review at exam time. Flow Charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. The Capsule Summary allows you to quickly review key concepts. You can test your knowledge by working through the ample Short-Answer Q&A s, which are organized by topic. Exams Tips often based on hundreds of past law school and bar exam questions recap the legal issues commonly tested on exams for you. They explore fact patterns typically used to test those issues. CrunchTime allows you to practice your essay exam skills by answering questions asked on past exams. Flowcharts help you craft compelling essays, and you can compare your answers to the samples provided. CrunchTime aids structure the maximum amount of information you can learn in the last week before exams. Uniform in writing style and approach, you can be confident that any title in the series is of consistent quality. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.