Developing Judgment About Practicing Law

This book shows students how to exercise judgment regarding problems they will face as lawyers. It shows students how to identify all the elements of a situation and how to think about the ways those elements might interact over time. It covers the ABA Model Rules (and California deviations) thoroughly, as well as relevant aspects of agency, contract, tort, and criminal law. Concepts such as doubling down and the ethics ostrich help students understand non-doctrinal forces (including reputation, competition, framing, and loss aversion) that can create serious doctrinal problems. Separate chapters cover issues of particular interest to government lawyers and business lawyers, as well as judicial ethics.