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An exceptionally popular casebook, Regulation of Lawyers is a sophisticated, lively mix of up-to-date materials, realistic problems and relevant examples that covers the full range of professional responsibility issues. Author Gillers goes “beyond the rules” to get at the subtle differences between proper and improper conduct in the real world. Drawing from an excellent selection of case law, legal literature, challenging notes and examples from current headlines, this accessible text helps students understand the rules, regulations and code of ethics that will govern their professional behavior.
The Ninth Editionhas been updated to include current case law on a variety of topics, including the Due Process Clause, ethical and legal obligations of prosecutors and denial of privilege for in-house counsel in the EU. It also addresses a range of new issues such as the ethics of outsourcing legal work, the use of social media, and the effects of technology and cross-border practice on traditional models of regulation. This edition is also shorter than the previous edition, enhancing teachability without sacrificing clarity or its comprehensive scope.
• Comprehensive coverage of professional responsibility issues.
• Well-balanced mix of cases, law review articles, timely materials, engaging problems and challenging notes.
• Goes beyond the rules to discuss the subtleties of key issues from different perspectives to help students to detect and avoid improper conduct in their professional life.
• Excellent case selection exemplifies multiple variations on particular themes.
• Realistic, helpful problems enable students to understand the rules and regulations that will govern their professional behavior.
• Detailed notes provide in-depth treatment of the issues.
• High-profile author Steven Gillers is a recognized national authority on professional responsibility.
• Accessible and engaging writing style.
• Outstanding annual statutory supplement covers all major, minor and state variations on the rules governing lawyers and judges.
Thoroughly updated, the revised Ninth Edition includes:
• Shortened text with new problems.
• Expanded treatment on the ethical and legal obligations of prosecutors and the liability of their employers for violations of constitutional rights, including Connick v. Thompson.
• The decision of King & Spalding to withdraw as counsel to the House of Representatives in the defense of DOMA.
• Judicial disqualification under the Due Process Clause (Caperton v. Massey Coal).
• Coverage of the denial of privilege for in-house counsel in the European Union (Akzo Nobel Chemicals Ltd. v. Comm’n of European Communities)
• Material on ethical issues in using social media.
• Updated material on a criminal defense lawyer’s duty when coming into possession of inculpatory real evidence.
• The Second Circuit’s decision in GSI Commerce Solutions v. BabyCenter.
Summary of Contents
Part One: The Client-Lawyer Relationship
Chapter 1: Where do “Ethics” Rules Come From?
Chapter 2: Defining the Client-Lawyer Relationship
Chapter 3: Protecting the Client-Lawyer Relationship Against Outside Interference
Chapter 4: Financing Legal Services (and Dividing the Money)
Part Two: Conflicts of Interest
Chapter 5: Concurrent Conflicts of Interest
Chapter 6: Successive Conflicts of Interest
Part Three: Special Lawyer Roles
Chapter 7: Ethics in Advocacy
Chapter 8: Real Evidence
Chapter 9: Lawyers for Entities
Chapter 10: Negotiation and Transactional Matters
Chapter 11: Judges
Part Four: Avoiding and Redressing Professional Failure
Chapter 12: Control of Quality: Reducing the Likelihood of Professional Failure
Chapter 13: Control of Quality: Remedies for Professional Failure
Chapter 14: Control of Quality: Lay Participation in Law Business (And Law Firm Ancillary Services)
Part Five: First Amendment Rights of Lawyers
Chapter 15: Free Speech Rights of Lawyers
Chapter 16: Marketing Legal Services