Ethical Problems in the Practice of Law

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Ethical Problems in the Practice of Law, Seventh Edition is built around dozens of ethical problems, nearly all drawn from actual events. Instead of reading judicial opinions, students read clear narrative explanations of the law and are then presented with ethical dilemmas in the contexts in which lawyers first encountered them. The problems challenge students to decide what they would do if presented in practice with dilemmas in which every possible course of action is problematic. Students must draw on formal ethics rules, other relevant law, their perceptions of clients’ needs, public interests, and their own ethical principles to engage in deep analyses and participate in lively class discussions.  

Features include:

• The law governing lawyers explained in an accessible question-and-answer format.
• An introduction to the legal profession and the law and institutions that govern it, to help students assume their responsibilities as members of the legal profession.
• More than 60 complex problems in which students step into the shoes of practicing lawyers to confront difficult ethical dilemmas that have arisen in practice.
• Many fascinating examples of cases in which lawyers have faced disciplinary consequences, civil or criminal penalties, court sanctions, or other professional consequences as a result of unethical or unlawful conduct.
• Lively presentation of materials, including tables, photos, and cartoons.

Unsolicited comment from an adopter of Ethical Problems in the Practice of Law:

• Professor Jamie P. Werbel, Seton Hall University School of Law, wrote: “I wanted to drop you a line and let you know how fabulous your textbook is! I just started teaching Professional Responsibility this year, and your book has been invaluable to me as I guide my students through the course. My husband, also an attorney, made fun of me last semester as a few times I was reading it at night in bed! It really is just that enjoyable to read.”

New to the Seventh Edition:

• Inclusion of recent events raising issues of professional responsibility, including:
  • The Supreme Court’s adoption of its first-ever ethics code for the justices, and the absence of an enforcement mechanism.
  • The ABA’s amendments to Model Rule 1.16 designed to minimize the risk of lawyers representing clients engaged in money laundering or other crimes or frauds.
  • The effect of the 2023 Supreme Court decision on affirmative action in law school admissions.
  • The Trump administration’s executive orders attacking law firms, and the firms’ responses.
  • The controversial dismissal of the prosecution of New York Mayor Eric Adams and the subsequent resignations of several Department of Justice prosecutors.
  • The effects of artificial intelligence on the legal profession, including issues of confidentiality, competence, and judicial responses to false citations in briefs.
  • Legal consequences for lawyers who attempted to subvert the 2020 Presidential election with unfounded claims of fraud.
  • An example from the Alex Jones litigation of how lawyers may try to use “clawback” rules to recover inadvertently disclosed privileged communications.
  • The legal advice given to Vice President Mike Pence as he prepared to count the presidential electors’ ballots on January 6, 2021.

Benefits for instructors and students:

• Students:
  • A problem-based approach built upon ethical dilemmas faced by real lawyers, which enables students to test their understanding of the law in a practical context.
  • A clear introduction to the ethics codes and other law governing lawyers, and to the legal profession.
  • Graphics (cartoons, tables, photos) throughout, which make the presentation lively and engaging.
  • Shocking examples of recent lawyer misconduct that maintain student interest.
• Professors:
  • ?A problem method that engages students and generates class discussion because most problems present head-scratching dilemmas that students must puzzle through together.
  • Materials organized in teachable units, scaled to provide appropriate reading assignments for each class.
  • Clear exposition of the law so that professors can focus the majority of class time on interactive discussion of the problems.
  • Transformation of a course that many students only take because it is required to a learning environment that is educationally rich, engaging, and fun.
  • A 400-page Teacher’s Manual with sample syllabi, advice on how to structure the course, and detailed discussion guides for all problems and questions in the text. The manual explains possible student responses to each problem and includes follow-up questions and answers that allow even novice teachers to master the material.
  • A password-protected companion website that includes the Teacher’s Manual, slides, and recordings from lawyers whose cases are in the textbook. Instructors may freely convert the electronic version of the Teacher’s Manual into their own class notes, modify them as they wish, and edit the slides to meet the needs of their courses.