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.
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