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Understanding Lawyers' Ethics, Fourth Edition (2010)

Understanding Lawyers' Ethics, Fourth Edition (2010)

Monroe H. Freedman, Professor of Law, Hofstra University School of Law; Abbe Smith, Professor of Law, Georgetown University Law Center


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    This Understanding treatise presents a systematic position on lawyers' ethics. The authors argue that lawyers' ethics is rooted in the Bill of Rights and in the autonomy and the dignity of the individual. This traditionalist, client-centered view of the lawyer’s role in an adversary system corresponds to the ethical standards that are held by a large proportion of the practicing bar.

    From this perspective, the authors of Understanding Lawyers' Ethics analyze the fundamental issues of lawyers' ethics, and particularly the ABA's Model Rules and Model Code. Even if students do not share the authors' viewpoint, they can benefit from this presentation because it challenges them to appreciate the underlying reasons for the position presented. This treatise is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment.

    The Fourth Edition includes:
    • A new section on Law vs. Justice, in addition to the section on Moral Values and Ethical Choices
    • The debate between Mike Tigar and Freedman on morality in lawyering.
    • A new chapter on Lawyers' Ethics in a Time of Crisis
    • A chapter on Judicial Ethics, with analysis of Caperton v. Massey Coal Co. and White v. Republican Party of Minnesota, as well as critical commentary on the failure of several Supreme Court justices to recuse themselves when required by the Constitution and by statute to do so
    • A concise but comprehensive chapter on Prosecutors' Ethics
    • A demonstration that the corporate-fraud "report up" and "report out" provisions have been deliberately drafted to defeat their purported purpose
    • Harmonization of Primus and Ohralik, showing that even in-person solicitation of clients is entitled to a level of First Amendment protection
    • An on-line debate among Steve Gillers, three practicing lawyers, and Freedman about professionalism, and whether a lawyer should take advantage of an adversary's mistake
    • A candid chapter on Counseling Clients, Coaching Witnesses, and Cross-Examining to Discredit the Truth


    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.

    Chapter 1 UNDERSTANDING THE RULES OF LAWYERS? ETHICS ....................................... 1
    Chapter2 THEADVERSARYSYSTEM ...................... 15
    Chapter 3 THE LAWYER?S VIRTUE AND THE CLIENT?S AUTONOMY .................................. 45
    Chapter 4 ZEALOUS REPRESENTATION: THE PERVASIVE ETHIC ....................................... 67
    Chapter 5 LAWYER-CLIENT TRUST AND CONFIDENCE ...... 127
    Chapter 6 THE PERJURY TRILEMMA ..................... 151
    Chapter 7 COUNSELING CLIENTS, COACHING WITNESSES, AND CROSS-EXAMINING TO DISCREDIT THE TRUTH . . 187
    Chapter8 THE IMPARTIAL JUDGE ....................... 215
    Chapter 9 CONFLICTS OF INTEREST: THE ETHIC OF PREVENTION AND OF APPEARANCES ........... 255
    Chapter10 PROSECUTORS? ETHICS ....................... 285
    Chapter 11 SOLICITATION OF CLIENTS: THE PROFESSIONAL RESPONSIBILITY TO CHASE AMBULANCES ...... 323
    Chapter 12 LAWYERS? ETHICS IN A TIME OF CRISIS ......... 355
    Appendix A MUST YOU BE THE DEVIL?S ADVOCATE? ......... 369
    Appendix B TAKING ADVANTAGE OF AN ADVERSARY?S MISTAKE .................................... 379
    TABLE OF CASES ........................................... TC-1
    INDEX ....................................................... I-1

     

    Freedman, Monroe H.


    Monroe Freedman is the Lichtenstein Distinguished Professor of Legal Ethics and the former Dean at Hofstra University. He received his A.B., LL.B., and LL.M. at Harvard University, and is listed in Who's Who in America, Who's Who in American Law, and Who's Who in the World. His most recent book is Understanding Lawyer's Ethics (Matthew Bender, 1990). The Professional Lawyer, published by the ABA Center for Professional Reponsibility, calls the book "idealistic in the best sense of the word, pragmatic, but not cynical, and rich with practical examples." Professor Freedman consults on professional responsibility with lawyers and law firms nationwide and testifies frequently as an expert witness on lawyer's ethics. An article in The Journal of the Legal Profession concludes: "Monroe Freedman's thinking, writing, and lectures ... have been the primary creative force in legal ethics today, both in the practice of law and in legal education."

     

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