Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

Lawyers, Truth, and Honesty in Representing Clients

Lawyers, Truth, and Honesty in Representing Clients
Author: Peter J. Henning
Publisher:
Total Pages: 0
Release: 2007
Genre:
ISBN:

To say that the rules governing lawyers do - or should - reflect a commitment to truth is a worthy goal, but it misapprehends how the professional standards should be applied. Many accuse lawyers of being liars with little devotion to the truth, while the law imposes on them a fiduciary obligation to put their clients' interests ahead of their own. References to "truth" tend to obfuscate rather then clarify the role of the lawyer. The core of the lawyer-client relationship is trust, protected by the attorney-client privilege that prevents an attorney from being compelled - with limited exceptions - to reveal what a client communicated in the course of the representation. That privilege, of course, frustrates the search for the truth because the lawyer ordinarily may not reveal what has been learned during the representation of the client, even after the client's death. Dedication to the truth cannot be the lawyer's paramount goal when every attorney is equally compelled to keep the truth hidden, at least if it is in the client's interest and there is no basis to avoid the protection afforded client communications. Finding the truth is the object of the judicial system, but it is not the governing principle for the lawyer. Instead, the focus for the lawyer should be honesty in dealing with clients, opponents, and the system. The principle of honesty governs the attorney in all forms of representation, not just when he is acting on behalf of a client in the course of an adjudication. While truth and honesty are certainly related, they are not identical. In this article, I use honesty to cover assertions - both verbal and non-verbal - by the attorney on behalf of a client, such as expressions of fact, legal argument, or a negotiating position. While truth is focused more on determining the existence of an historical fact, honesty focuses on the accuracy and authenticity of the lawyer's current assertions on behalf of the client. An attorney's honesty will assist a tribunal in ascertaining the truth, yet that is not the core function of the lawyer acting on behalf of a client. Whenever a lawyer communicates, whether it is to the court, to an opposing party or attorney, or even to a client, that communication must be honest. I do not offer honesty as a heretofore unrevealed agenda in the professional responsibility rules or as a curative measure for resolving every conflict among duties a lawyer can face in practice. Instead, the idea that lawyers must be honest when they offer information or take a position can provide a guide to understanding how to resolve some of the difficult issues in practicing law. Lawyers do not operate in a vacuum, and the professional responsibility rules and other guidelines that regulate attorneys provide only limited assistance in resolving difficult issues. The principle of honesty, rather than truth, can provide a further means, in addition to the lawyer's own ethical judgment, to accommodate the dual roles of the attorney as an advocate for a client and an officer of the court.

The Importance of Being Honest

The Importance of Being Honest
Author: Steven Lubet
Publisher: NYU Press
Total Pages: 288
Release: 2008-05-01
Genre: Law
ISBN: 0814752365

Popular author Steven Lubet brings his signature blend of humor, advocacy, and legal ethics to The Importance of Being Honest, an incisive analysis of how honesty and law play out in current affairs and historical events. Drawing on original work as well as op-ed pieces and articles that have appeared in the American Lawyer, the Chicago Tribune, and many other national publications, Lubet explores the complex aspects of honesty in the legal world. The Importance of Being Honest is full of tales of questionable practices and poor behavior, chosen because negative examples are much richer, and often more remarkable, in their ultimate lessons. Wyatt Earp’s shootout with Billy Clanton, Bill Clinton’s disastrous decision to lie under oath, Oscar Wilde’s self-destructive perjury in a 1896 libel trial, and the dubious resolution of Justice Scalia’s duck hunting trip with Dick Cheney are only a few of the cases Lubet use to illustrate that law is a vague and boggy realm where truth, and falsehood, is seldom absolute. With his lively, insightful, and sometimes hilarious prose, Lubet takes readers on a tour of the law in our everyday lives, and forces us to rethink how we really feel about honesty and truth.

The Moral Compass of the American Lawyer

The Moral Compass of the American Lawyer
Author: Richard A. Zitrin
Publisher: Ballantine Books
Total Pages: 288
Release: 2011-10-12
Genre: Social Science
ISBN: 030780741X

These are perilous times for Americans who need access to the legal system. Too many lawyers blatantly abuse power and trust, engage in reckless ethical misconduct, grossly unjust billing practices, and dishonesty disguised as client protection. All this has undermined the credibility of lawyers and the authority of the legal system. In the court of public opinion, many lawyers these days are guiltier than the criminals or giant corporations they defend. Is the public right? In this eye-opening, incisive book, Richard Zitrin and Carol Langford, two practicing lawyers and distinguished law professors, shine a penetrating light on the question everyone is asking: Why do lawyers behave the way they do? All across the country, lawyers view certain behavior as "ethical" while average citizens judge that same conduct "immoral." Now, with expert analysis of actual cases ranging from murder to class action suits, Zitrin and Langford investigate lawyers' behavior and its impact on our legal system. The result is a stunningly clear-eyed exploration of law as it is practiced in America today--and a cogent, groundbreaking program for legal reform.

An Honest Calling

An Honest Calling
Author: Mark E. Steiner
Publisher:
Total Pages: 296
Release: 2006
Genre: Biography & Autobiography
ISBN:

"Abraham Lincoln practiced law for nearly 25 years, five times longer than he served as president. Nonetheless, this aspect of his life was known only in the broadest outlines until the Lincoln Legal Papers project set to work gathering the surviving documentation of more than 5,600 of his cases. One of the first scholars to work in this vast collection, Mark E. Steiner goes beyond the hasty sketches of previous biographers to paint a detailed portrait of Lincoln the lawyer. This portrait not only depicts Lincoln's work for the railroads and the infamous case in which he defended the claims of a slaveholder; it also illustrates his more typical cases involving debt and neighborly disputes. Steiner describes Lincoln's legal education, the economics of the law office, and the changes in legal practice that Lincoln himself experienced as the nation became an industrial, capitalist society. Most important, Steiner highlights Lincoln's guiding principles as a lawyer." "In contrast to the popular caricature of the lawyer as a scoundrel, Lincoln followed his personal resolve to be "honest at all events," thus earning the nickname "Honest Abe." For him, honesty meant representing clients to the best of his ability, regardless of his own beliefs about the justice of their cause. Lincoln also embraced a professional ideal that cast the lawyer as a guardian of order. He was as willing to mediate a dispute outside the courtroom in the interest of maintaining peace as he was eager to win cases before a jury." "Over the course of his legal career, however, Lincoln's dedication to the community and his clients' personal interests became outmoded. As a result of the rise of powerful, faceless corporate clients and the national debate over slavery, Lincoln the lawyer found himself in an increasingly impersonal, morally ambiguous world."--BOOK JACKET.

101 Things I Learned in Architecture School

101 Things I Learned in Architecture School
Author: Matthew Frederick
Publisher: MIT Press
Total Pages: 213
Release: 2007-08-31
Genre: Architecture
ISBN: 0262294338

Concise lessons in design, drawing, the creative process, and presentation, from the basics of “How to Draw a Line” to the complexities of color theory. This is a book that students of architecture will want to keep in the studio and in their backpacks. It is also a book they may want to keep out of view of their professors, for it expresses in clear and simple language things that tend to be murky and abstruse in the classroom. These 101 concise lessons in design, drawing, the creative process, and presentation—from the basics of "How to Draw a Line" to the complexities of color theory—provide a much-needed primer in architectural literacy, making concrete what too often is left nebulous or open-ended in the architecture curriculum. Each lesson utilizes a two-page format, with a brief explanation and an illustration that can range from diagrammatic to whimsical. The lesson on "How to Draw a Line" is illustrated by examples of good and bad lines; a lesson on the dangers of awkward floor level changes shows the television actor Dick Van Dyke in the midst of a pratfall; a discussion of the proportional differences between traditional and modern buildings features a drawing of a building split neatly in half between the two. Written by an architect and instructor who remembers well the fog of his own student days, 101 Things I Learned in Architecture School provides valuable guideposts for navigating the design studio and other classes in the architecture curriculum. Architecture graduates—from young designers to experienced practitioners—will turn to the book as well, for inspiration and a guide back to basics when solving a complex design problem.

The Practice of Justice

The Practice of Justice
Author: William H. Simon
Publisher: Harvard University Press
Total Pages: 264
Release: 2009-06-30
Genre: Law
ISBN: 0674043669

Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.

The Great Mental Models, Volume 1

The Great Mental Models, Volume 1
Author: Shane Parrish
Publisher: Penguin
Total Pages: 209
Release: 2024-10-15
Genre: Business & Economics
ISBN: 0593719972

Discover the essential thinking tools you’ve been missing with The Great Mental Models series by Shane Parrish, New York Times bestselling author and the mind behind the acclaimed Farnam Street blog and “The Knowledge Project” podcast. This first book in the series is your guide to learning the crucial thinking tools nobody ever taught you. Time and time again, great thinkers such as Charlie Munger and Warren Buffett have credited their success to mental models–representations of how something works that can scale onto other fields. Mastering a small number of mental models enables you to rapidly grasp new information, identify patterns others miss, and avoid the common mistakes that hold people back. The Great Mental Models: Volume 1, General Thinking Concepts shows you how making a few tiny changes in the way you think can deliver big results. Drawing on examples from history, business, art, and science, this book details nine of the most versatile, all-purpose mental models you can use right away to improve your decision making and productivity. This book will teach you how to: Avoid blind spots when looking at problems. Find non-obvious solutions. Anticipate and achieve desired outcomes. Play to your strengths, avoid your weaknesses, … and more. The Great Mental Models series demystifies once elusive concepts and illuminates rich knowledge that traditional education overlooks. This series is the most comprehensive and accessible guide on using mental models to better understand our world, solve problems, and gain an advantage.