W. Bradley Wendel

Aaron D. Twerski

James A. Henderson Jr.

Written first and foremost as a teaching tool, Torts: Cases and Materials, is a casebook that engages students without avoiding the hard questions. Modeled on the venerable Prosser casebook, but intended to be modern, accessible, and yet sophisticated, this book consistently gets high marks from students for being clear, user-friendly, and not playing hide-the-ball like so many other casebooks. Challenging hypotheticals and authors’ dialogues engage students while allowing instructors to probe more deeply into ambiguous or developing areas of law. The book’s manageable length makes it ideal for a three- to four-hour introductory Torts course. New to the Fifth Edition: Cases that are judiciously edited, so as to let the judges’ voices be heard, along with the inclusion of dissenting opinions where important. Numerous recent cases have been added both in the notes and as principal cases, while old material has been pruned back to reduce unnecessary bulk. Continued integration of the Third Restatement throughout the book, including caselaw development following the new Restatement (particularly in the area of foreseeability, duty, and proximate cause). Professors and student will benefit from: Text designed to clarify the law, not further befuddle students. Explanations, note cases, and hypotheticals that are aimed at increasing understanding. Writing style written in a conversational manner to be plain-spoken and transparent about both the law and the authors’ pedagogical goals.

Cases and Materials

Torts

Lawrence J. Fox

Susan R. Martyn

Providing full coverage of all the national and state rules, standards, and statutes pertaining To The law governing lawyers, this statutory supplement, with its complimentary CD, Is an ideal reference source for any course on professional responsibility or legal ethics. Reach For The Law Governing Lawyers 2007-2008 Statutory Supplement to have all of these resources at your disposal: a companion CD featuring the full text of each jurisdiction’s lawyer code and access to an electronic version of the entire statutory supplement an introduction to understanding and finding the law governing lawyers the 2004 ABA Model Rules of Professional Conduct correlation tables showing the ABA Model Rules and related Model Code Provisions charts comparing state lawyer code provisions on fee agreements, confidentiality exceptions, and screening requirements the ABA Model Code of Professional Responsibility (1983) the Restatement (Third) of the Law Governing Lawyers (2000), black letter, plus extensive edited comments and illustrations a Conversion Table illustrating final Restatement sections and drafts the Sarbanes-Oxley Act and Regulations and other selected federal statutes, regulations, and rules of procedure the ABA Model Code of Judicial Conduct (2004) the updated 2007-2008 Edition offers: updated comparison charts reflecting significant rule changes in some jurisdictions: state lawyer code provisions that require written fee agreements state lawyer code exceptions to client confidentiality that permit or require disclosure state lawyer code screening rules that prevent imputed disqualification on the CD, recently revised state codes affecting 8 jurisdictions

National Rules, Standards, Statutes, and State Lawyer Codes

The Law Governing Lawyers

Tim Dare

Professional roles are often thought to bring role-specific permissions and obligation, which may allow or require role-occupants to do things they would not be permitted or required to do outside their roles, and which as individuals they would rather not do. This feature of professional roles appears to bring them into conflict both with ‘ordinary’ or non-role morality, and with personal integrity which is often thought to demand some form of personal endorsement of one’s conduct. How are we to reconcile the demands of roles with ordinary morality and with personal integrity? This collection draws together a set of papers which explore these questions as they bear upon a number of different professional roles, including those of the lawyer, the judge and the politician, and from a variety of perspectives, including contemporary analytic moral theory, jurisprudence, psychoanalytic theory, virtue ethics, and contextualism, and, more broadly, from philosophy and legal academia and practice.

Professional Ethics and Personal Integrity

Now in its Second Edition, Examples & Explanations: Professional Responsibility continues to be an appropriate ancillary source for students in any Professional Responsibility course. Not only does it utilize the proven pedagogy of the E&E series

Examples & Explanations

Professional Responsibility

Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.

Lawyers and Fidelity to Law

Examples & Explanations for Professional Responsibility, Sixth Edition, is a thorough and comprehensive text that can be used by students as a study aid and by professional responsibility teachers as a class text. It covers the whole field of professional responsibility, focusing not only on the ABA Model Rules, but on the often-complex relationship between the rules and doctrines of agency, tort, contract, evidence, and constitutional law. Beginning with the formation of the attorney-client relationship, the book proceeds through topics including attorneys’ fees, malpractice and ineffective assistance of counsel, confidentiality and privilege rules, conflicts of interest, witness perjury and litigation misconduct, advertising and solicitation, admission to practice, and the organization of the legal profession. Coverage includes all subjects that are tested on the Multistate Professional Responsibility Exam (MPRE), including: A chapter on judicial ethics, a subject tested on the MPRE and not often covered thoroughly, if at all, in law school professional responsibility courses. Updated discussion and examples based on recent developments in the law, including the ABA’s simplification of the rules on advertising and solicitation, new Model Rule 8.4(g) on discrimination in the practice of law, the California Supreme Court’s Sheppard Mullin opinion on advance waivers of conflicts, and continuing developments in the impact of technology on the practice of law. More MPRE-style multiple-choice questions in the Examples. New to the Sixth Edition: Revised and updated to reflect recent developments in the law having to do with lawyering, including new ABA rules, ethics opinions, and cases. New and revised examples and explanations in many chapters. Professors and students will benefit from: Comprehensive, updated coverage of all areas of professional responsibility, with attention to areas that are particularly challenging for students (as well as many practicing lawyers!), such as conflicts of interest and privilege and confidentiality. A study aid that without “teaching to the test,” provides students with thorough preparation for the MPRE, which is the first licensing exam that many law students take.

W. Bradley Wendel

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