Secondary Sources by Subject: Legal Ethics and Practice

The Compendium presents models for ethical and professional conduct and standards for enforcing that conduct that have been developed by the American Bar Association. These models have been used as the foundation for most state regulations and as interpretive guidance for the courts in their resolution of professional responsibility issues.

This compilation of essays, articles and research provides a clear and concise overview of many of the complexities of public sector ethics, including post-employment restrictions on government employees, whistle-blowing, pro bono work, regulation of honoraria, royalties and travel reimbursements, financial disclosure filing requirements, gift giving, conflicts of interest, and issues in enforcement of local ethics law.

Covers every US Supreme Court decision on the subject of lawyer advertising and comprehensively analyzes the competing models, rules, and regulations governing lawyer advertising across the 50 states.

This comprehensive volume on professional ethics gives you current information from a variety of sources. It is effectively organized around the American Bar Association's Model Rules, which many states have adopted, and the ABA's Judicial Code. This reference combines Rotunda and Dzienkowski's thorough understanding of the current ethical climate, with the authors' all-encompassing commentary and discussions, and references to the American Law Institute's new Restatement of the Law.

Provides comprehensive treatise coverage on legal malpractice liability, prevention, litigation, and insurance.

Provides a thorough explanation and analysis of United States law concerning lawyers. Compiled by a panel of judges and scholars, it offers analysis, systematization, and guidance pertinent to the law governing law practice.

The Law of Lawyering by Geoffrey C. Hazard, W. William Hodes, Peter R. Jarvis shows how to approach concrete problems that arise in everyday practice while staying within the letter and spirit of the ABA Model Rules of Professional Conduct. It provides the full text of each Model Rule provision in sequence, followed by the authors' guidance and commentary, which put the rule into context, help identify its key features, and show its relation to other Rules and the ALI's Restatement of the Law Governing Lawyers. Clear, realistic examples demonstrate how each Rule applies in practice.

Trial and appellate lawyers face numerous professional responsibility challenges that can arise suddenly or within difficult circumstances. As in the prior editions, this essential resource helps litigators handle these increasingly complex challenges while offering practical examples and advice.

Authoritative, definitive guide to the conduct of federal, state, and local judges. This resource analyzes every type of accountable action, including judicial demeanor and conduct, ex parte communications, case management and administrative imperatives, financial activities and disclosure, civic and charitable activities, and election and political activities. Learn about the importance of judicial independence as it pertains to each category of conduct.

This resource discusses the development of ineffective assistance of counsel, evaluates the current state of the law, and provides guidance for those who encounter ineffective assistance claims. It also provides in-depth coverage of state and federal constitutional standards for ineffectiveness and applications of standards in pretrial, trial, sentencing, and appellate settings.

This practice-oriented guide addresses the problems faced by attorneys when serving as criminal defense counsel. It provides trial guidance for striking the correct balance between duty to the client under the Sixth Amendment representing a client's interests, yet obeying the law and maintaining a profitable practice. Topics include the scope of the right to counsel, duty of candor, confidentiality of information, attorney-client privilege, subpoenas and search warrants directed at attorneys, and tampering with physical evidence or documentary evidence. Covers liability issues of criminal defense lawyers as potential accessories, hindering, compounding, misprision, and malpractice for the criminal defense lawyer.

Designed to assist in the prevention of abuses of the prosecutor's office, Prosecutorial Misconduct establishes systematic guidelines on prosecutorial behavior, citing thousands of precedential cases, and standards of legal and ethical conduct. Containing an extensive discussion of the DeShaney case, the text anticipates possible abuses and available sanctions. It forms a critical handbook for prosecutors, defense attorneys, and judges.

Considered the definitive treatise on the subject, this resource provides a comprehensive and scholarly analysis of every prosecutorial abuse, from the initiation of a criminal investigation through the appeal and post-conviction stages for both federal and state jurisdictions. Unlike other works, however, Prosecutorial Misconduct also provides the defense bar with proven battle plans. Contains a complete collection of motions, briefs, and arguments from actual cases.

This resource reviews the underlying ground rules and the range of resolutions applicable to particular ethical and legal dilemmas. Coverage includes forfeiture of legal fees, abuse of the subpoena process, liability in malpractice suits, and conflicts of interest. Discusses disqualification motions, ineffective assistance of counsel, and trial publicity and other public statements. Identifies attorney fee issues; ethical codes and professional discipline; criminal defense malpractice; and accepting, declining, and withdrawing from representation. Also addresses simultaneous conflicts of interest, professional restrictions, and obligations.

Corporate Counsel Guidelines reviews general principles unique to corporate counsel and applies them to possible real-life situations. A step-by-step chapter format summarizes an entire topic, explains the specific controlling legal principles, and shows how to implement the rules in real-world practice.

This resource addresses ethics within the special context of representing entities. Fox and Martyn have combined their extensive legal knowledge and designed an accessible aid for attorneys-whether in the representation of an organization as outside counsel or as in-house counsel-in this increasingly important and complex but often-neglected process. The Ethics of Representing Organizations not only outlines ethical duties for lawyers, but also includes strategic remedies and suggestions for ethical problems as they arise.

An authoritative resource for in-house counsel who needs quick access, but detailed analyses, on a broad array of topics faced everyday. The Toolkit provides forms, policies, and practice tips in seven broad practice areas that may not be within counsels' particular area of expertise. The seven practice areas are published as individual volumes covering General Business Contracts; Corporate Governance; Corporate Compliance; Employment Law; Intellectual Property; Litigation; and Training Outside Counsel.

Provides comprehensive coverage not only of the standard corporate and securities third-party opinion letters, but also real estate opinions, tax, intellectual property, bankruptcy, letters to auditors, international opinions, and liability just to name a few. Special attention is given to exposure to liability, an area of great concern to the opinion practice attorney.

Minimize liability for securities transactions with this compact volume containing detailed, practical advice needed for ensuring compliance with all securities laws and regulations. Attorneys usually advise clients and prepare disclosure documents, contracts, and closing documents; handle the closing itself; and, sometimes, handle the preparation and issuance of formal legal opinions. Accountants may assist in the preparation (or limited review) of projections or of unaudited financial statements, but their principal role is to certify the financial statements. Significant and substantial liabilities may arise in connection with these various tasks. The book is principally organized around the different provisions of substantive law.

The Attorneys at Law section discusses professional responsibility.

Provides a concise explanation of the rules and concepts of lawyer professional responsibility and liability in California. Analysis includes the applicable statutes, California Rules of Professional Conduct, caselaw, and bar association opinions that govern attorney conduct and liability. Discussed are the duties to uphold the integrity of the legal profession and administration of justice, as well as the duties to prospective clients. Additional analyses include formation and ending of the attorney-client relationship, providing legal services, fee disputes, and client trust accounting.

Provides quick and reliable answers to lawyering and ethical issues commonly facing attorneys in the day-to-day practice of law. Written for both civil and criminal practitioners, this practice guide contains clear, concise explanations of all relevant provisions of the State Bar Act and the California Rules of Professional Conduct, as well as detailed coverage of lawyer discipline and State Bar Court proceedings.

This resource provides information on the attorney-client relationship, the fiduciary relationship, compensation & fees, legal malpractice, discipline, and more.

This resource provides California justices and judges with guidance on questions of judicial ethics. The handbook increases public trust and confidence in the judicial system by helping to ensure proper judicial behavior both on and off the bench. The handbook analyzes canons, rules, and statutes on judicial conduct; court opinions and Commission on Judicial Performance decisions; and advice from judicial ethics committees. The handbook is a collaboration of the Judicial Council, California Judges Association, and California Judges Foundation.

This nonexhaustive chapter focuses on professional responsibility issues in criminal matters.

Rapidly identify frequently encountered issues in a wide array of practice areas; avoid traps that otherwise might be overlooked in evaluating a case; and decide whether a client’s issue is one you can realistically handle. Especially useful for newly admitted practitioners and those transitioning to new practice areas.

This resource offers forms and guidance for effective and efficient written communication with clients at key stages of legal representation, from initial client contact to the completion of a case.

This resource contains fee agreement provisions followed by detailed commentary discussing the practical, legal, and ethical issues raised by each provision.