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Legal Ethics in the Practice of Law, Third Edition, 2007

Legal Ethics in the Practice of Law, Third Edition, 2007

Richard Zitrin, Adjunct Professor of Law, University of California, Hastings College of Law Carol M. Langford, Adjunct Professor of Law, University of San Francisco School of Law Nina Tarr, Professor of Law, University of Illinois College of Law


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    More than a problem-oriented book, Legal Ethics in the Practice of Law is a problem-driven book. This new edition fully covers the academic subject area by simulating the reality of law practice through the use of real-live examples of ethical dilemmas as they occur in the practice of law. This real-life context is enhanced by studying such topics as the culture of law firms, financial constraints and pressures and family obligations facing young lawyers, bias and diversity in the legal workplace, and the perils of stress and substance abuse in the profession.

    This edition of Legal Ethics in the Practice of Law maintains the basic format of the first two editions, while updating and adding to the substance without materially lengthening the text. Significant new changes to this new edition include:

    • Multicultural Decisionmaking: The problem on decisionmaking and client autonomy is now two problems. The new problem focuses on understanding and communicating and making decisions with clients from different cultural and experiential backgrounds.
    • The Bybee Torture Memo: Was writing this memo unethical? How far may an opinion letter vary from mainstream legal analysis? If it does vary, what must the author say to give the client notice of that variance, or that certain counter-arguments are ignored? Are the duties of the government lawyer different?
    • Stress, Depression, Drugs, and Wellness: The problem on these issues now includes a new article on the pervasiveness of depression, the recent ABA opinions that touch on this subject, and most significantly, a 2005 piece by Larry Krieger, who has long done pioneering work on wellness for students.
    • Enron: The authors look to understanding Enron—and to Vincent & Elkins’ role—in historical as well as ethical perspective. Law firms have gone this way before (many will recall Kaye Scholer and Lincoln Savings & Loan in the 1990s) and may again. How do regulatory schemes change to address these issues, and will they succeed?
    • Sarbanes-Oxley and the SEC Regulations: The meaning of SOX § 307 and the SEC regulations is thoroughly explored and future changes anticipated. The authors contrast and compare the ABA’s Rule 1.6 and Rule 1.13 changes, as the ABA and the federal government leap-frogged over each other to change corporate confidentiality rules.
    • Techno-Ethics: An updated problem on technology includes the latest on the duties of lawyers regarding embedded data and “metadata,” chatrooms and solicitation, the consequences of unsolicited emails from potential clients (are they confidential / do they create a conflict of interest), and the latest on inadvertent disclosure.

    The new Teacher’s Manual provides numerous questions and suggested role-plays in series of short 5- to 7-minute sessions, as simulation exercises. Also, applicable Rules for each problem presented are purposely not included in the coursebook, to afford the student the feel of actual practice by having to look up the applicable Rules. These Rules appear in the Teacher’s Manual and in the annually revised companion volume, Legal Ethics: Rules, Statutes, and Comparisons.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

     

    Langford, Carol M.


    Carol M. Langford is a member of the State Bar of California (1986-present) and a member of the Washington D.C. Bar (1989-present). She is Adjunct Professor of Law at the University of San Francisco (1992-present), teaching a Seminar in Legal Ethics and the Practice of Law; a Guest Instructor in Trial Practice (1993); Faculty Member, Intensive Advocacy Program (Spring, 1993). She has also served as an adjunct Professor at the University of California Berkeley School of Law (Spring 1994). Carol M. Langford is currently a partner in the firm of Carroll, Burdick & McDonough.

    Nina W. Tarr


    Zitrin, Richard A.


    Richard Zitrin is an Adjunct Professor of Law, University of California, Hastings College of Law. A graduate of Oberlin College and New York University Law School, Mr. Zitrin has taught ethics as an adjunct professor at USF since 1977. He has served as coordinator of USF's ethics seminar curriculum since 1991. Professor Zitrin's course book, Legal Ethics in the Practice of Law (LexisNexis, 3rd edition, 2007), co-authored with fellow USF adjunct professor Carol M. Langford, and Nina W. Tarr, Professor of Law, University of Illinois College of Law was adopted at over 60 law schools in its first edition. He and Professor Langford also wrote the 1999 Ballantine/Random House book The Moral Compass of the American Lawyer, a book for the general public that has also been adopted by several law schools for orientation and other introduction-to-law programs.

    Professor Zitrin has published approximately 50 articles on ethics in the last 15 years, including the American Law Media column "The Moral Compass" in 1999-2000. He speaks locally and nationally on a wide range of ethics issues. In 2001, among other engagements, he delivered the Howard Lichtenstein Distinguished Professorship Lecture on Legal Ethics at Hofstra University Law School and served as the featured ethics speaker at the ABA Annual Education Conference for Appellate Judges. In 1993-1996, he served as Special Advisor, Chair, and Vice Chair of the California State Bar Committee on Professional Responsibility and Conduct. Professor Zitrin's teaching methods, in both seminars and orientation programs, have been used as models in other schools' curricula. Among his particular interests are ethical issues confronting government lawyers, including whistleblowing, client-identification, and misconduct by prosecutors; preventing secrecy in settlements; client-protective and loyalty-driven conflicts of interest rules; and the ethical unbundling of low- or no-cost legal services. He maintains a private practice at San Francisco's Zitrin & Mastromonaco, LLP.

     

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