This new edition, a revision of the longest-running professional responsibility title, includes a new author and a new title that emphasizes the two distinctive features of the book. Completely redone by Kaufman and Wilkins with a multitude of new problems, text, and excerpted materials, it still features the popular problems method of the earlier editions. A whole new dimension, however, has been added throughout, and in an additional section that features recent empirical work on lawyers, it examines how large-scale economic, demographic, and institutional changes are likely to shape the norms of legal practice and the careers of lawyers in the twenty-first century. A teacher's manual is available.

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.

Known for helping students develop the ability to make sound judgments and to develop a philosophy of lawyering, the concise Professional Responsibility: Problems of Practice and the Profession, Seventh Edition, is adaptable to a host of teaching styles. Scores of realistic problems call on students to develop a cogent philosophy of lawyering as they master basic concepts and prepare for the MPRE. Modular, flexible organization allows professors to adapt the material to a variety of courses and clinical programs. In particular, the book is structured to enable instructors to present the materials doctrinally or by area of practice. New to the Seventh Edition: New author Grace Giesel (Distinguished Teaching Professor at the University of Louisville Brandeis School of Law) has joined the book. Throughout the book the authors have inserted Rule Reviews. A Rule Review is a set of questions designed to walk the students through the important facets of the Model Rule of Professional Conduct at issue. The Rule Reviews are designed to ensure the students review and thus capture the parameters of the reviewed rules. The authors provide answers to the questions at the back of the book, so the students can self-assess their learning. The Rule Reviews are in addition to the Chapter Assessment Questions that follow each chapter. The authors have revised this edition to present the textual material with more headings and thus in smaller blocks of narrative. This change is intended to assist students in sorting and organizing the material as they learn and to assist instructors in directing the class discussion. The book has been updated to include: All recent changes to the ABA Model Rules of Professional Conduct, including the ABA’s substantial revision of the advertising rules. Relevant recent ABA Formal Opinions. The book has been revised to include recent developments such as: The legal industry’s renewed focus on sexual harassment and discrimination, in part a result of the #MeToo movement (Ch. 8). Alternate litigation funding (Ch. 2). Advance Waivers (Ch. 4). The effect of the presence of third parties on the attorney-client privilege and work-product doctrine (Ch. 3). Recent developments regarding ineffective assistance of counsel (Ch. 2). Recent developments regarding technology (Ch. 3). The authors have attempted to make the book as relevant to the students of 2020 as possible. To that end, they include problems and material that are up-to-date and, in some cases, “ripped from the headlines,” such as: Material about the involvement of David Boies in the Theranos debacle. An excerpt of Michael Cohen’s statement to the court before sentencing. Problem 3-5 now deals with the threat and response of a law firm to cyberattack. Professors and students will benefit from: Realistic problems that develop students’ ability to make sound judgments. Emphasis on guiding students to articulate a cogent philosophy of lawyering. Innovative, flexible organization suited to a variety of courses and clinical programs. Organized by major doctrinal concepts, such as confidentiality and conflicts of interest. Offers alternative organization by area of practice. Modular organization for professor choice. Manageable length. Multiple choice assessment questions and answers located at the end of each chapter to prepare students for the MPRE.

At the center of this book is the complex and perplexing question of how to design professional preparation programs, organizational management practices, public policy systems and robust professional associations committed to and capable of, maintaining confidence, trust and the other hallmarks of responsible professionalism. To do this, we need to rebuild our understanding of professional responsibility from the ground up. We describe how individuals might be prepared to engage in responsible professional service delivery, examine promising options for the reform of professional service systems and finally, outline a reform strategy for improving practice in education and medicine – two essential public services. The nexus of the reform problem in professionalism is establishing a more robust and effective working relationship between teachers and their students; between health care professionals and their patients and between educators and health professionals. Professionalism means acceptance of professional responsibility for student and patient outcomes — not just acceptance of responsibility for technical expertise, but commitment to the social norms of the profession, including trustworthiness and responsibility for client wellbeing. In the past, it may have been sufficient to assume that adequate knowledge can be shaped into standards of professional practice. Today, it is clear that we must take careful account of the ways in which practicing professionals develop, internalize and sustain professionalism during their training, along with the ways in which this commitment to professionalism may be undermined by the regulatory, fiscal, technological, political and emotional incentive systems that impinge on professional workplaces and professional employment systems.

Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis. The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed. Author James E. Moliterno, consistently argues that the profession has resisted societal change and sought to ban or discourage new models of legal representation created by such change. In response to every crisis, lawyers asked: "How can we stay even more 'the same' than we already are?" The legal profession has been an unwilling, capitulating entity to any transformation wrought by the overwhelming tide of change. Only when the shifts in society, culture, technology, economics, and globalization could no longer be denied did the legal profession make any proactive changes that would preserve status quo. This book demonstrates how the profession has held to its anachronistic ways at key crisis points in US history: Watergate, communist infiltration, waves of immigration, the explosion of litigation, and the current economic crisis that blends with dramatic changes in technology, communications, and globalization. Ultimately, Moliterno urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises. Doing so would allow the profession to grow with the society, solve problems with, rather than against, the flow of society, and be more attuned to the very society the profession claims to serve. This paperback version includes a commentary on the prevailing crisis in legal education.

A noble profession is facing its defining moment. From law schools to the prestigious firms that represent the pinnacle of a legal career, a crisis is unfolding. News headlines tell part of the story—the growing oversupply of new lawyers, widespread career dissatisfaction, and spectacular implosions of pre-eminent law firms. Yet eager hordes of bright young people continue to step over each other as they seek jobs with high rates of depression, life-consuming hours, and little assurance of financial stability. The Great Recession has only worsened these trends, but correction is possible and, now, imperative. In The Lawyer Bubble, Steven J. Harper reveals how a culture of short-term thinking has blinded some of the nation’s finest minds to the long-run implications of their actions. Law school deans have ceded independent judgment to flawed U.S. News & World Report rankings criteria in the quest to maximize immediate results. Senior partners in the nation’s large law firms have focused on current profits to enhance American Lawyer rankings and individual wealth at great cost to their institutions. Yet, wiser decisions—being honest about the legal job market, revisiting the financial incentives currently driving bad behavior, eliminating the billable hour model, and more—can take the profession to a better place. A devastating indictment of the greed, shortsightedness, and dishonesty that now permeate the legal profession, this insider account is essential reading for anyone who wants to know how things went so wrong and how the profession can right itself once again.