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Traversing the Ethical Minefield: Problems, Law, and Professional Responsibility, Fifth Edition

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Authors
  • Susan R. Martyn
  • Lawrence J. Fox
  • Ana Pottratz Acosta
  • Ashley M. London
Series / Aspen Casebook Series
BOOKMARK
Book length
500 pages
Publication Date
2022-09-15
Edition
Fifth Edition
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.

This casebook offers students accessible, teachable, and insightful primary material, problems, and notes that clarify and encourage analysis of the law governing lawyers. The book’s innovative pedagogy uses a combination of problems faced by fictitious law firm “Martyn and Fox,” cases, ethics opinions, notes, and tables to support its focus on teaching the Model Rules of Professional Conduct and the Restatement of the Law Governing Lawyers and invite consideration of lawyer ethical dilemmas. The book’s manageable length makes it short enough to provide focus, but long enough to convey the rich texture of the subject.

New to the Fifth Edition:

  • New co-authors Profs. Ana Pottratz Acosta and Ashley M. London bring to this edition their combined years of legal practice, clinical legal education, expertise in legal analysis, and classroom pedagogy.
  • Expanded coverage of agency law and fiduciary duties, along with new and updated cases, ethics opinions, problems, notes, and tables.
  • 6 new court decisions, including In re Giuliani (summary disbarment) and King v. Whitmer (frivolous lawsuit sanctions).
  • 8 new ethics opinions address contemporary issues, such as e-lawyering, client fraud on administrative agencies and courts, lawyer-directors and entity clients, immigration, and representing fiduciary clients who harm beneficiaries.
  • 16 “Afterwords” provide students with additional information about the parties and the subsequent impact of cases.

Professors and students will benefit from:

  • Comprehensive coverage of a wide range of ethical issues and remedies through a combination of 138 short problems, 55 cases, 16 afterwords, 13 ethics opinions, 13 tables, and explanatory notes throughout that showcase and clarify the law governing lawyers.
  • Student-accessible, teachable problems encourage nuanced explorations of the Model Rules, Restatement, cases, and materials, suited to both large- and small-classes.
  • Thematic notes introduce students to sources and content of the law governing lawyers and commentary about the legal profession organized around recurring themes: 
    • Lawyers’ Roles (lawyers who suffer consequences by under- or over-identifying with clients and those who avoid these dangers)
    • The Law Governing Lawyers (professional discipline, tort liability, and equitable remedies, including undue influence presumptions, constructive trusts, fee forfeiture, disqualification, injunctive relief, and procedural sanctions)
    • The Bounds of the Law (the rules of professional conduct, court orders, fraud, crime, and applicable statutes)
    • Lawyers and Clients (ethics issues arising in specific client representations, such as pro bono, criminal and insurance defense, organizations, and governments)
  • Text is short enough to cover in a typical course but detailed enough to provide thorough treatment of the issues at hand.
  • Annual supplement including Model Rules, Restatement, and Code of Judicial Conduct.
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Table of Contents
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Preface
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About the authors
Susan Martyn
Professor
University of Toledo

Susan Martyn is Distinguished University Professor and Stoepler Professor of Law and Values Emeritus at the University of Toledo College of Law, where she taught Legal Ethics, Torts, and Bioethics since 1980. She has also served as a Visiting Professor of Law at Marquette, George Washington, and Yale Law Schools and taught Legal Ethics at Mitchell Hamline School of Law.

Professor Martyn has been instrumental in developing the law governing lawyers. She acted as an advisor to the American Law Institute’s Restatement of the Law Governing Lawyers (1987-2000) and was a member of the American Bar Association’s Ethics 2000 Commission, which redrafted the Model Rules of Professional Conduct (1997-2002). She has been a member of the Michigan, Ohio, and Supreme Court Bars, and served on the Ohio Supreme Court’s Task Force on the Rules of Professional Conduct (2003-2006). She has been a contributor to continuing legal education programs and served as a member of the ABA Standing Committee on Ethics and Professional Responsibility from 2007-2010. She is a life member of the American Law Institute and a Fellow in the American Bar Foundation.

With Larry Fox, Professor Martyn has written a casebook, The Law Governing Lawyers: Model Rules, Restatement, and Other Sources of Law (joined by W. Bradley Wendel). Together, Professor Martyn and Mr. Fox have also authored Red Flags: A Lawyer's Handbook on Legal Ethics, Your Lawyer: A User’s Guide, How to Deal with Your Lawyer: Answers to Commonly Asked Questions, The Ethics of Representing Organizations: Legal Fictions for Clients, Fair Fight: Legal Ethics for Litigators, and Representing Clients: An Ethics Guide for Clinical Law Students and Emerging Lawyers. They have also contributed to and served as editors of A Century of Legal Ethics: Trial Lawyers and The ABA Canons of Professional Ethics.

Lawrence J. Fox
Partner, Drinker Biddle & Reath
Visiting Lecture in Law, Yale Law School

Lawrence J. Fox is a Senior Research Scholar at Yale Law School, Partner at Schoeman Updike Kaufman & Gerber in New York City, and former Managing Partner at Drinker Biddle & Reath LLP in Philadelphia. Mr. Fox has been a trial lawyer specializing in securities litigation and the representation of lawyers. He was an advisor to The American Law Institute’s Restatement of the Law Governing Lawyers project. He is a former member and Chair of the American Bar Association’s Standing Committee on Ethics and Professional Responsibility. He was a member of the American Bar Association Ethics 2000 project and he has written and spoken extensively on the subject of lawyers’ professional responsibility, giving lectures at more than thirty law schools. Mr. Fox is a fellow of the American College of Trial Lawyers and The American Bar Foundation, a former Chair of the American Bar Association Section of Litigation, and a former Chair of the American Bar Association Death Penalty Representation Project. He served as a member of the ABA House of Delegates and was awarded the ABA President’s Medal in 2021 for rendering “conspicuous service to the cause of American jurisprudence."

Mr. Fox is the author of dozens of law review articles and several chapters in Legal Tender: A Lawyer’s Guide to Handling Professional Dilemmas and Raise the Bar: Real World Solutions for a Troubled Profession. He and Professor Martyn have published seven different professional responsibility books. Mr. Fox graduated from the University of Pennsylvania and cum laude from the Law School. He was Managing Editor of the University of Pennsylvania Law Review and clerked for Samuel J. Roberts, Justice, Pennsylvania Supreme Court. Before joining Drinker Biddle & Reath he was a legal services lawyer at Community Action for Legal Services in New York City.

Ana Pottratz Acosta
Associate Professor
Mitchell Hamline School of Law

Ana Pottratz Acosta is a Clinical Instructor for Medical Legal Partnership and Associate Professor of Law at Mitchell Hamline School of Law. Ana joined Mitchell Hamline in 2016 as clinical instructor teaching the Health Law Clinic and overseeing the Medical-Legal Partnership between the law school and United Family Medicine, a Federally Qualified Healthcare (FQHC) facility in St. Paul.

Ana practiced at Stinson Leonard Street as an attorney in the immigration law group where she represented clients in employment-based immigration matters and supervised non-immigration attorneys on pro bono immigration matters for clients of the Deinard Clinic, the firm’s pro bono program providing legal services to patients of the University of Minnesota Community University Health Care Center.

From 2004 to 2010, Ana served as an immigration attorney for the Lutheran Social Services of New York (LSSNY) Immigration Legal Services Program where she provided direct legal services to low-income immigrant populations in New York City. As part of her work with LSSNY, Ana also served as lead attorney in the National Security Entry-Exit Registration System (NSEERS) Special Registration Project where she represented men from Muslim-majority countries placed in removal proceedings after complying with the NSEERS Special Registration Program. Her work with the NSEERS Special Registration Project included litigating a legal and constitutional challenge to the NSEERS program before the 2nd Circuit Court of Appeals in Rajah v. Mukasey.

Ana served as supervisor of the LSSNY Refugee Resettlement Program from 2008 to 2010, where she worked with LSSNY staff and volunteers to provide reception and placement services to refugees newly resettled in New York City. Ana is a 2004 graduate of Columbia Law School and a 2001 graduate of the University of Minnesota.

Ashley M. London
Director
Thomas R. Kline School of Law at Duquesne University

Ashley M. London is the director of bar studies and an assistant professor of law at the Thomas R. Kline School of Law at Duquesne University. In addition to her roles teaching Professional Responsibility, Introduction to Legal Education, and bar readiness skills courses, London develops unique and comprehensive bar preparation programming with a focus on strong student outcomes. She focuses her teaching and scholarship on legal ethics and engaging the best pedagogical techniques to prepare students for success in law school and on the bar examination.

Her areas of expertise include legal ethics, law school pedagogy, Pennsylvania bar admissions/licensure requirements, the Multistate Bar Examination (MBE), the Uniform Bar Exam (UBE), bar examination essay writing, family law, guardian ad litem-special proceedings, estate planning, landlord-tenant law, housing code enforcement, and media relations.

Prior to joining Duquesne, London served on the faculty at Charlotte School of Law as a bar passage lecturer, where she also served as the faculty moot court advisor and taught Introduction to Professional Responsibility. Before entering academia, she was in practice at Legal Aid of North Carolina in the housing division and operated her own law firm, where she focused on civil litigation and served as guardian ad litem for special proceedings representing elderly and mentally handicapped clients.

London was chosen to work in Washington, D.C., immediately after graduation as part of the Volunteer Legal Intern Program in both the Bankruptcy Judges Division and Article III Judges Division. London is licensed in Pennsylvania and North Carolina, and is a member of the United States District Court for the Eastern and Western Districts of North Carolina.

She is the president-elect of the Association of Academic Support Educators (AASE) and serves as the co-chair of the bar advocacy committee. She also serves on the Pennsylvania Bar Association’s Legal Academics Committee and is an elected member of the Allegheny County Bar Association Women in the Law Division Executive Council.
Product Information
Edition
Fifth Edition
Publication date
2022-09-15
Copyright Year
2022
Pages
500
Connected eBook with Study Center + Hardcover
9781543846133
Connected eBook with Study Center (Digital Only)
9798886142006
Subject
Professional Responsibility
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