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Regulation of Lawyers: Problems of Law and Ethics, Thirteenth Edition

  • Stephen Gillers
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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In this, the Thirteenth edition of Stephen Gillers’ book, Regulation of Lawyers: Problems of Law and Ethics, the author’s goal, as always, is to teach the law and rules governing lawyers and judges with engaging writing and a conversational voice. To that end, he sprinkles the text with literary and historical references, references to current events, amplifying asides (“by the way” stories), and humor. There are new cases, and some repeat cases have been further edited. New problems have been added, and some former problems have been revised to better crystalize their issues. As always, the problems aim for credibility through detail. In addition to the self-study questions and answers, most chapters now contain one or two short “Pop-up Questions” with answers a few pages later. The clarity of notes on secondary issues makes it possible to assign these with little need for class discussion, freeing time for the principal lessons.

New to the Thirteenth Edition:
  • New cases and materials on:
    • The formation of the attorney-client relationship
    • The elements of competency, including cultural competency
    • Privilege and confidentiality and their exceptions
    • Allocation of authority between lawyer and client
    • Discipline for inflating bills
    • Screening to prevent imputation of lateral lawyer conflicts
    • The interplay between Rules 1.7(a)(2) and 1.8(a)
    • Prosecutorial misconduct
    • A lawyer’s responsibility for real evidence, such as weapons
    • Rule 8.4(g)
    • The Supreme Court’s decision in 303 Creative
    • Client identity in the corporate context (U.S. v. Elizabeth Holmes)
    • Discipline for lying to the public (Rudolph Giuliani and Jenna Ellis)
    • Litigation funding.
  • “Pop-up Questions” (and answers) in most chapters
Benefits for instructors and students:
  • High-profile author—Professor Gillers is a highly visible and recognized national authority on professional responsibility
  • Comprehensive coverage—includes the full range of professional responsibility issues
  • Excellent case selection
  • Manageable length
  • Well-balanced mix of cases, secondary sources, and timely materials—often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues
  • Realistic, helpful, and abundant problems—many based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior
  • Detailed and challenging notes—providing in-depth treatment of the issues
  • Accessible and engaging style—characterized by variety, clarity, and humor
  • Discussion beyond the rules and from different perspectives—to recognize that the law is not necessarily self-evident and covers many subtleties
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About the authors
Stephen Gillers
Elihu Root Professor of Law
New York University of Law

Stephen Gillers has been a professor of law at New York University School of Law since 1978 and Vice Dean from 1999-2004. He holds the Elihu Root chair. He does most of his research and writing on the regulation of the legal profession. His courses include Regulation of Lawyers, Evidence, and Law and Literature (with University Professor Catharine Stimpson, former dean of the graduate school). Professor Gillers has written widely on legal and judicial ethics in law reviews and in the legal and popular press. He has taught legal ethics as a visitor at other law schools and has spoken on lawyer regulatory issues at hundreds of events in the U.S. and abroad - often for legal ethics CLE credit - including at federal and state judicial conferences, law firms, corporate general counsel#39;s offices, government law offices, ABA meetings, state and city bar meetings nationwide, in oral and written submissions to Congress, and in law school lectureships. For many years, four or five times each year, he has lectured on legal ethics at the New York City Bar Association CLEs. Professor Gillers is the author of Regulation of Lawyers: Problems of Law and Ethics, a widely used law school casebook first published by Little, Brown (now Aspen) in 1985 with a 10th edition forthcoming in 2014. With Roy Simon (and Andrew Perlman as of 2008 and John Steele as of 2015), he has edited Regulation of Lawyers: Statutes and Standards, published annually by Little, Brown, then Aspen, since 1989. He is also the author of Regulation of the Legal Profession (Aspen 2009)(the quot;Essentialsquot; series). From 2000-2002, Professor Gillers was a member of the ABA#39;s Multijurisdictional Practice Commission which proposed rule changes (all of them accepted) to recognize the cross-border nature of legal practice. In 2009, Professor Gillers was selected to be a member of the ABA 2020 Commission, 2010-2013, which studied the effects of technology and globalization on the regulation of lawyers leading to amendments to the Model Rules. He was chair of the Policy Implementation Committee of the ABA#39;s Center for Professional Responsibility (2004-2008) and was a member from 2002-2010. He was a member of the International Issues Committee of the ABA Section on Legal Education (2008-2009). In 2011, he received the Michael Franck Award from the ABArsquo;s Center for Professional Responsibility. The Award is given annually for ldquo;significant contributions to the work of the organized barhellip;noteworthy scholarly contributions made in academic settings, [and] creative judicial or legislative initiatives undertaken to advance the professionalism of lawyershellip;are also given consideration.

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Thirteenth Edition
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Professional Responsibility
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