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

Teacher's Manual: Ethical Problems in the Practice of Law, Seventh Edition

random
random
BOOKMARK
Authors
  • Lisa G. Lerman
  • Philip G. Schrag
  • Robert Rubinson
  • Gautam S. Hans
  • Alexandra Luciani
Series / Aspen Casebook Series
BOOKMARK
Book length
952 pages
Publication Date
2025-11-03
Edition
Seventh Edition
Teaching Materials
NO
Description
Table of contents
Preface
TEACHERS MANUAL: ETHICAL PROBLEMS IN THE PRACTICE OF LAW 7E
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
Preface
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. In 2023, the Professional Ethics Committee of the New York State Bar Association gave Lerman the Sanford D. Levy Professional Ethics Award.

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 Law, where he directed a clinic for more than 40 years. During the administration of President Jimmy Carter, he was the Deputy General Counsel of the United States Arms Control and Disarmament Agency.

Professor Schrag teaches professional responsibility and has also taught consumer protection, federal income taxation, legislation, administrative law, and civil procedure. He has written or co-authored 17 books and many articles on public interest law and legal education. 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’s 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.

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 25 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.

Gautam S. Hans

G.S. Hans serves as Clinical Professor of Law at Cornell Law School, where he founded and directs the Civil Rights and Civil Liberties Clinic. An expert on speech, privacy, civil liberties, and technology policy, he focuses on how new and developing technologies implicate constitutional law, privacy and data protection, and public policy. Professor Hans also researches and works on issues relating to clinical legal education, with a particular focus on social justice and diversity, equity, and inclusion.

Professor Hans has served in multiple leadership roles in the national clinical legal education community, including as co-President of the Clinical Legal Education Association; on the Executive Committee of the AALS Section on Clinical Legal Education; on the board of editors for the Clinical Law Review; and on the board of the Center for Study of Applied Legal Education. In 2024, Professor Hans received the M. Shanara Gilbert Award from the American Association of Law Schools Section on Clinical Legal Education.

Before joining Cornell Law, Professor Hans served as Associate Clinical Professor of Law at Vanderbilt Law School and founded its First Amendment Clinic. He completed his clinical teaching fellowship at the University of Michigan Law School. Prior to his academic career, Professor Hans worked at the Center for Democracy & Technology in Washington, D.C., and San Francisco, CA, focusing on privacy, free speech, and surveillance law and policy.

Professor Hans earned his J.D., cum laude, from the University of Michigan Law School; his M.S. in information policy from the University of Michigan School of Information; and his B.A. in English and Comparative Literature from Columbia University. He lives in Ithaca, N.Y.

Alexandra Luciani

Allie Jensen Luciani practices law in Washington, D.C. Prior to her work in private practice, she clerked at the United States Court of Appeals and the United States District Court and worked as a prosecutor at the United States Attorney’s Office. Allie earned her J.D., magna cum laude, from Georgetown University Law Center, where she also served as Executive Articles Editor on the Georgetown Law Journal. Prior to becoming a lawyer, Allie taught elementary school. Allie earned her B.A. in English and Mathematics from Williams College.
Product Information
Edition
Seventh Edition
Publication date
2025-11-03
Copyright Year
2026
Pages
952
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?