Professional Responsibility: Problems of Practice and the Profession, Eighth Edition

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• Length shortened by almost 200 pages, to focus on the most important ethical issues for two-hour courses, which are now the standard. A number of problems have been moved from the text to the website and are still available for professors who have used them in the past.
• More in-depth discussion of the duty of confidentiality, including comparing the scope of the duty of confidentiality in New York, the District of Columbia, and California with ABA Model Rule 1.6; examining the concepts of use and disclosure; and adding analysis of the “possession exception” to the duty of confidentiality focusing on the lawyer’s decision to take possession of such evidence and the distinction between tangible criminal material and real incriminating evidence.
• Coverage of a number of contemporary issues involving ethics and technology, including ethical propriety of a lawyer responding to on-line criticism and the ethical aspects of a lawyer’s use of artificial intelligence.
• Additional material on the obligations of defense counsel and prosecutors, including defense counsel’s obligations when advising a client regarding a competency defense and new problem material on prosecutors’ ethical obligations under Rule 3.8 dealing with evidence of a wrongful conviction.
• Revised material on delivery of legal services, including new material on removal of restrictions on the unauthorized practice of law, comments on legal services plans and delivery of legal services in criminal cases, and pro bono services offered by law firms.
• Post-2020 ethical issues, including the application of the crime-fraud exception to the attorney-client privilege and issues of frivolous claims in litigation involving the 2020 Presidential election; new material on Justice Department investigation of “pattern and practice” investigations of a number of city police departments; and scrutiny of financial benefits received by Supreme Court Justices.

• Realistic problems that develop students’ ability to make sound judgments.
• Emphasis on guiding students to articulate a cogent philosophy of lawyering.
• Innovative, flexible organization suited to a variety of courses and clinical programs.
  • Organized by major doctrinal concepts, such as confidentiality and conflicts of interest.
  • Offers alternative organization by area of practice.
  • Modular organization for professor choice.
• Manageable length.
• Extensive Teacher’s Manual suggests lessons, sample syllabi (for two- and three-hour classes), Q & A, and role-playing models.
• Multiple-choice assessment questions and answers located at the end of each chapter to prepare students for the MPRE.
• PowerPoint slides dealing with fundamental concepts and the basic problems presented in the book.
• Essay questions with outlines of answers on the course website that instructors can use for class discussion or student review.

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The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.