Sign in or create a free account to get FREE SHIPPING and DISCOUNTS

Ethical Problems in the Practice of Law, Seventh Edition

Authors
  • Lisa G. Lerman
  • Philip G. Schrag
  • Robert Rubinson
  • Gautam S. Hans
  • Alexandra Luciani
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.



Ethical Problems in the Practice of Law, Seventh Edition is built around dozens of ethical problems, nearly all drawn from actual events. Instead of reading judicial opinions, students read clear narrative explanations of the law and are then presented with ethical dilemmas in the contexts in which lawyers first encountered them. The problems challenge students to decide what they would do if presented in practice with dilemmas in which every possible course of action is problematic. Students must draw on formal ethics rules, other relevant law, their perceptions of clients’ needs, public interests, and their own ethical principles to engage in deep analyses and participate in lively class discussions.

Features include:
  • The law governing lawyers explained in an accessible question-and-answer format.
  • An introduction to the legal profession and the law and institutions that govern it, to help students assume their responsibilities as members of the legal profession.
  • More than 60 complex problems in which students step into the shoes of practicing lawyers to confront difficult ethical dilemmas that have arisen in practice.
  • Many fascinating examples of cases in which lawyers have faced disciplinary consequences, civil or criminal penalties, court sanctions, or other professional consequences as a result of unethical or unlawful conduct.
  • Lively presentation of materials, including tables, photos, and cartoons.
Unsolicited comment from an adopter of Ethical Problems in the Practice of Law:
  • Professor Jamie P. Werbel, Seton Hall University School of Law, wrote: “I wanted to drop you a line and let you know how fabulous your textbook is! I just started teaching Professional Responsibility this year, and your book has been invaluable to me as I guide my students through the course. My husband, also an attorney, made fun of me last semester as a few times I was reading it at night in bed! It really is just that enjoyable to read.”
New to the Seventh Edition:
  • Inclusion of recent events raising issues of professional responsibility, including:
    • The Supreme Court’s adoption of its first-ever ethics code for the justices, and the absence of an enforcement mechanism.
    • The ABA’s amendments to Model Rule 1.16 designed to minimize the risk of lawyers representing clients engaged in money laundering or other crimes or frauds.
    • The effect of the 2023 Supreme Court decision on affirmative action in law school admissions.
    • The Trump administration’s executive orders attacking law firms, and the firms’ responses.
    • The controversial dismissal of the prosecution of New York Mayor Eric Adams and the subsequent resignations of several Department of Justice prosecutors.
    • The effects of artificial intelligence on the legal profession, including issues of confidentiality, competence, and judicial responses to false citations in briefs.
    • Legal consequences for lawyers who attempted to subvert the 2020 Presidential election with unfounded claims of fraud.
    • An example from the Alex Jones litigation of how lawyers may try to use “clawback” rules to recover inadvertently disclosed privileged communications.
    • The legal advice given to Vice President Mike Pence as he prepared to count the presidential electors’ ballots on January 6, 2021.
Benefits for instructors and students:
  • Students:
    • A problem-based approach built upon ethical dilemmas faced by real lawyers, which enables students to test their understanding of the law in a practical context.
    • A clear introduction to the ethics codes and other law governing lawyers, and to the legal profession.
    • Graphics (cartoons, tables, photos) throughout, which make the presentation lively and engaging.
    • Shocking examples of recent lawyer misconduct that maintain student interest.
  • Professors:
    • A problem method that engages students and generates class discussion because most problems present head-scratching dilemmas that students must puzzle through together.
    • Materials organized in teachable units, scaled to provide appropriate reading assignments for each class.
    • Clear exposition of the law so that professors can focus the majority of class time on interactive discussion of the problems.
    • Transformation of a course that many students only take because it is required to a learning environment that is educationally rich, engaging, and fun.
    • A 400-page Teacher’s Manual with sample syllabi, advice on how to structure the course, and detailed discussion guides for all problems and questions in the text. The manual explains possible student responses to each problem and includes follow-up questions and answers that allow even novice teachers to master the material.
    • A password-protected companion website that includes the Teacher’s Manual, slides, and recordings from lawyers whose cases are in the textbook. Instructors may freely convert the electronic version of the Teacher’s Manual into their own class notes, modify them as they wish, and edit the slides to meet the needs of their courses.
Read More
Table of Contents
SUMMARY OF  CONTENTS

Contents 
Table of Problems 
Preface to the Seventh Edition for Teachers and Students
Acknowledgments 
Notes to Students 


Introduction 1
A. Ethics, morals, and professionalism
B. Some central themes in this book 
C. The structure of this book 
D. The rules quoted in this book: A note on sources 
E. Stylistic decisions 

Chapter 1: The Legal Profession: Bar Admission, History, and Diversity 17
A. Admission to the bar 
B. History and development of the U.S. legal profession
C. History of American legal education 
D. Diversity and discrimination in the legal profession 

Chapter 2: The Legal Profession: Regulation, Discipline, and Liability 67
A. Institutions that regulate lawyers 
B. State ethics codes 
C. The disciplinary system 
D. Civil liability 
E. Criminal liability  
F. Client protection funds 

Chapter 3: Relationships Between Lawyers and Clients 
A. Formation of the lawyer- client relationship 
B. Lawyers’ duties of competence, diligence, honesty, and
communication  
C. Lawyers’ responsibilities as agents 
D. Who calls the shots? 
E. Terminating a lawyer- client relationship 

Chapter 4: The Duty to Protect Client Confidences 
A. The basic principle of confidentiality 
B. Exceptions to the duty to protect confidences 
C. Use or disclosure of confidential information for personal gain
or to benefit another client 
D. Talking to clients about confidentiality 

Chapter 5: The Attorney- Client Privilege and the Work Product Doctrine 
A. Confidentiality and attorney- client privilege compared 
B. The elements of attorney- client privilege 
C. Asserting the privilege 
D. Waiver of the privilege 
E. Exceptions to the privilege 
F. The death of the client 
G. The attorney- client privilege for corporations 
H. The attorney- client privilege for government officials 
I. The work product doctrine 

Chapter 6: Conflicts of Interest: Current Clients
A. An introduction to conflicts of interest 
B. General principles in evaluating concurrent conflicts
C. Conflicts between current clients in litigation 

Chapter 7: Conflicts Involving Former and Prospective Clients 
A. Nature of conflicts between present and former clients 
B. Duties to former clients 
C. Distinguishing present and former clients
D. Evaluating successive conflicts 
E. Addressing former client conflicts in practice 
F. Conflicts between the interests of a present client and a client
who was represented by a lawyer’s former firm 
G. Imputation of former client conflicts to affiliated lawyers 
H. Conflicts involving prospective clients 

Chapter 8: Conflicts Issues in Particular Practice Settings 
A. Representing multiple parties who are not in litigation 
B. Representing organizations 
C. Representing co- defendants in criminal cases 
D. Representing family members
E. Representing insurance companies and insured persons 
F. Representing employers and immigrant employees 
G. Representing plaintiffs in class actions
H. Representing parties to aggregate settlements of individual cases 

Chapter 9: Conflicts of Interest Between Lawyers and Clients 
A. Legal fees 
B. Lawyer as custodian of client property and documents 
C. Conflicts with lawyers’ personal or business interests 

Chapter 10: Conflicts Issues for Government Lawyers and Judges 
A. Ethics rules for government lawyers 
B. Successive conflicts of former and present government lawyers 
C. Conflicts involving judges, law clerks, arbitrators, and mediators 

Chapter 11: Lawyers’ Duties to Courts 
A. Being a good person in an adversary system 
B. Investigation before filing a complaint
C. Truth and falsity in litigation 
D. Concealment of physical evidence and documents 
E. The duty to disclose adverse legal authority
F. Disclosures in ex parte proceedings G. Improper influences on judges and juries 
H. Agreements not to accept future cases 
I. Lawyers’ duties in nonadjudicative proceedings 

Chapter 12: Lawyers’ Duties to Adversaries and Third Persons 
A. Communications with lawyers and third persons
B. Duties of prosecutors 
C. Conduct prejudicial to the administration of justice 
D. Are lawyers really too zealous? 

Chapter 13: The Changing Landscape of Law Practice 
A. Unauthorized practice of law: Who can provide legal services 
B. Multidisciplinary practice 
C. Financing law practice 
D. Getting business: Advertising and solicitation 
E. Globalization of law practice 
F. Artificial intelligence

Chapter 14: Access to Justice: The Lawyer’s Role 
A. The unmet need for legal services 
B. Sources of free legal services for those who cannot afford legal fees 
C. Pro bono representation
D. Loan forgiveness and scholarships for public service lawyers 
E. A concluding problem

About the Authors 
Table of Cases
Table of Rules, Restatements, Statutes, Bar Opinions, and Other Standards 
Index 
Read More
Professor Materials
Please sign in or register to view Professor Materials. These materials are only available for validated professor accounts. If you are registering for the first time, validation may take up to 2 business days.
About the authors
Lisa G. Lerman
Professor of Law
The Catholic University of America

Lisa G. Lerman is Professor Emerita of Law at The Catholic University of America, Columbus School of Law (CUA), where she was a full-time faculty member from 1987 until 2016. At CUA, Lerman served as Coordinator of Clinical Programs from 2006 until 2013. From 1996 until 2007, Lerman was Director of the Law and Public Policy Program. She attended Barnard College and NYU School of Law. She received an LL.M. in Advocacy from Georgetown University Law. Before joining the CUA faculty, Lerman was a staff attorney at the Center for Women Policy Studies, a Clinical Fellow at Antioch and Georgetown law schools, a law professor at West Virginia University, and an associate in a small law firm. She also taught at the law schools of American University and George Washington University. She started teaching professional responsibility in 1984.

Professor Lerman is co-author of Learning from Practice: A Professional Development Text for Legal Externs (2d ed. West 2007). She has written dozens of articles about lawyers, law firms, the legal profession, and legal education, including, for example, Blue-Chip Bilking: Regulation of Billing and Expense Fraud by Lawyers, 12 Geo. J. Leg. Ethics 205 (1999), and Lying to Clients, 138 U. Pa. L. Rev. 659 (1990). Lerman’s earlier writings focused on domestic violence law.

Professor Lerman has served as an expert witness on legal ethics issues in numerous malpractice cases and lawyer disciplinary matters. She has written, lectured, and consulted on issues relating to legal ethics and legal education at scores of conferences and law schools in the United States and abroad. She was a consultant to the Administrative Conference of the United States and to the Academic Specialists program of the U.S. Information Agency. Lerman taught comparative legal ethics and taught in CUA’s American Law Program at Jagiellonian University in Krakow, Poland. She served as a faculty member with Fellowships at Auschwitz for the Study of Professional Ethics.

Professor Lerman served as chair of the planning committee for the ABA National Conference on Professional Responsibility and as chair of the AALS section on Professional Responsibility. She was a member of the DC Bar Legal Ethics Committee as well as the AALS Standing Committee on Bar Admission and Lawyer Performance.

Philip G. Schrag
Delaney Family Professor of Public Interest Law
Georgetown University

Philip G. Schrag is the Delaney Family Professor of Public Interest Law at Georgetown University Law Center. He attended Harvard College and Yale Law School. Before he started a career in law teaching, he was Assistant Counsel of the NAACP Legal Defense and Educational Fund, Inc., and in 1970 he became the first Consumer Advocate of the City of New York. A member of the founding generation of clinical law teachers, he developed clinics at Columbia Law School and the West Virginia University College of Law, as well as at Georgetown. During the administration of President Jimmy Carter, he was the Deputy General Counsel of the United States Arms Control and Disarmament Agency.

At Georgetown, Professor Schrag directs the Center for Applied Legal Studies, an asylum and refugee clinic. He regularly teaches professional responsibility and has also taught consumer protection, federal income taxation, legislation, administrative law, and civil procedure. He has written 16 books and many articles on public interest law and legal education including, most recently, Baby Jails: The Fight to End the Incarceration of Refugee Children in America (University of California Press 2020). In 2007, he helped to persuade Congress to create the Public Service Loan Forgiveness Program, which provides partial student loan forgiveness for graduates who work for 10 years in public interest jobs. He has been honored with the Association of American Law Schools’ Deborah L. Rhode award for advancing public service opportunities in law schools through scholarship, service, and leadership; its William Pincus award for outstanding contributions to clinical legal education; Lexis Nexis’ Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law; the Outstanding Law School Faculty Award of Equal Justice Works for leadership in nurturing a spirit of public service in legal education and beyond; and Georgetown University’s Presidential Distinguished Teacher Scholar Award.

Professors Lerman and Schrag live in Arlington, Virginia. They have two adult children, Samuel Schrag Lerman and Sarah Lerman Schrag. Professor Schrag also is the father of David and Zachary Schrag.

Robert Rubinson

Robert Rubinson is Professor of Law at the University of Baltimore School of Law. He attended Columbia University, where he graduated summa cum laude, and NYU School of Law. He also taught for three years in the Lawyering Program at NYU. Before entering academia, Professor Rubinson was an associate attorney at a large law firm in New York and a staff attorney at the Legal Aid Society’s Brooklyn Office for the Aging.

At UB, Professor Rubinson was Director of Clinical Education from 2004-2010 and 2012-2016. He has received the President’s Faculty Award and the Award for Outstanding Teaching by a full-time faculty member. He has taught professional responsibility for more than 20 years and has written and spoken widely on the subject to academic and practitioner audiences both nationally and internationally. He also has served as Reporter for the Maryland Court of Appeals Ethics 2002 Committee. He has consulted with Japanese law professors on the development of clinical legal education in Japan and written about legal ethics in that country.

A particular focus of his work has been on ethical issues relating to access to justice—an interest based on his experience as a lawyer both in a large firm and in a small legal services office. Professor Rubinson also specializes in alternative dispute resolution, especially mediation. He is co-author of Mediating Family Disputes: Theory and Practice (LexisNexis 2015), now in its second edition, as well as many other articles on the subject. He developed and is Co-director of UB’s Mediation Clinic for Families. His work has included exploring the confluence of legal ethics and mediation and the challenges of mediation programs serving low-income communities.

One of his articles, Client Counseling, Mediation, and Alternative Narratives of Dispute Resolution, 10 Clin. L Rev. 833 (2004), has been anthologized in a leading text used in law school clinical programs. Professor Rubinson is married to Dr. Randi E. Schwartz, a psychologist. He has two children, Stella and Leo.

Product Information
Edition
Seventh Edition
Publication date
2025-11-03
Copyright Year
2026
Pages
950
Connected eBook with Study Center + Hardcover
9798892074421
Connected eBook with Study Center (Digital Only)
9798892074438
Subject
Professional Responsibility
Select Format Show Hide
Select Format Hide
Are you an educator?