How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

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.

Have you considered what type of lawyer you want to be? What is the most effective way to market yourself in an industry where lawyers increasingly over-rely on social media to prove their relevance? Tannebaum discusses the proper way to handle referrals, personal branding, and other subjects that will help you become a better, and more informed lawyer.

William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.

This innovative case file provides materials for students to work in the role of attorney as they learn and master the primary skills needed for legal practice. The file is equally suitable for first-year legal practice/legal writing classes or upper-level simulation courses focused on interviewing, counseling, negotiation or pre-trial litigation. Student-attorneys represent clients on both sides of a lawsuit through a realistic and carefully-sequenced series of exercises that track the stages of pre-trial work while encouraging mastery of many basic skills of legal practice: research, formal and informal legal writing, interviewing and counseling clients, fact development, discovery, motion practice, negotiation and drafting. Every chapter of the case file is scaffolded on students' earlier work and critical reflection, permitting students to develop a confident sense of professional identity as they see the results of their efforts play out as the case develops. Chapters feature lively commentary giving an overview of the assigned task and contextualizing it within the goals for the case. The materials are accompanied by a comprehensive Teacher's Manual that includes suggestions for teaching and using the case file, detailed instructions for clients, and additional documents available only to counsel for each side. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.

This book focuses on what and how to teach students about being a lawyer as they take responsibility for clients in a clinical course. The book identifies learning and lawyering theories as well as practical approaches to planning and teaching; it highlights how the four clinical methodologies-seminar, rounds, supervision, and fieldwork-reinforce and complement each other. The book illustrates clinical education's transformative potential to create ethical, skilled, thoughtful practitioners imbued with professional values of justice and service. With contributions by both seasoned and newer clinical educators, the book addresses issues faced by all who teach in experiential lawyering courses.

How do lawyers think about and make the important decisions that constitute the day-to-day practice of law? This book explores that question through an extensive empirical study of lawyers practicing divorce law in New England. The authors emphasize the importance of "collegial control" in shaping lawyers' decisions and identify a variety of "communities of practice" that serve as key agents of that control. Offering a new understanding of the nature of lawyers' work in divorce law as well as a new perspective on legal professionalism, this book is required reading for scholars, students, and practitioners.

As a part of our CasebookPlus offering, you'll receive a new print book along with lifetime digital access to the downloadable eBook. In addition, you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and three leading study aids in that subject and the Gilbert� Law Dictionary. The included study aids are Acing Professional Responsibility, Exam Pro on Professional Responsibility, Objective and Legal Ethics in a Nutshell. The redemption code will be shipped to you with the book. With clear and concise explanations of all basic concepts in the law of lawyering and all topics tested on the MPRE, this accessible book allows professors to satisfy the ABA professional responsibility requirement with a course that students find highly engaging and useful. Unlike most professional responsibility textbooks on the market, however, it links ethics issues to portraits of the practice contexts in which they typically arise for real lawyers, helping students appreciate their relevance in contemporary practice. It also introduces students to the rich empirical literature on the profession, teaching them about the profession's overall composition and organization as well as huge variation in the practice settings, types of work, and daily experiences of American lawyers and their clients. It describes powerful economic and cultural forces that are reshaping the legal profession, and it explores current controversies relating to access to justice, globalization, technology, diversity, and legal education. It invites students to reflect on their place in the profession and how they will navigate the turbulent landscape to chart successful, rewarding and responsible careers in almost any type of practice today's law graduates might enter. Every chapter also contains problems that can be used in class discussion or as written exercises. This is the only PR book on the market that provides sufficient explanation of basic legal concepts and the operation of the legal system to make it suitable for first-year students, but it also works very well for second and third year courses.

From law school to the law firm, lawyers are taught and encouraged to win, with little regard to the emotional consequences. After years of being obsessed with winning, racking up billable hours, and fishing for clients, many lawyers lose sight of why they initially joined the ranks of the legal profession. This landmark book explains how to reconnect with the spiritual side of law practice. It presents profiles of firms and lawyers who have transformed their practices from heartless and cold professional endeavors into kinder, gentler operations, with more emphasis on the clients'--and their own--emotional and spiritual needs.