Aspen Publishing

Ethical Problems in the Practice of Law, Concise Fourth Edition

Lisa G. Lerman, Philip G. Schrag


  • ISBN: 9781454891284

In stock.

  • Description

    Ethical Problems in the Practice of Law, Concise Fourth Edition is the briefer version of Lerman and Schrag’s highly successful problem-based textbook that offers a contemporary and thoughtful approach to challenging ethical dilemmas, encouraging deep analysis and lively class discussion.

    Please scroll down to the Professor Resources and Student Resources sections at the bottom of this page to access a wealth of additional resources. 

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  • Details
    Page Count 744
    Published 02/01/2018
  • Additional Product Details

    Please scroll down to the Professor Resources and Student Resources sections below to access a wealth of additional resources.

    Summary of Contents

    Table of Problems
    Preface for Teachers and Students

    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 Regulation of Lawyers
    A. Institutions that regulate lawyers
    B. State ethics codes
    C. Admission to practice

    Chapter 2: Lawyer Liability
    A. Professional discipline
    B. Civil liability of lawyers
    C. Criminal liability of lawyers

    Chapter 3: 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 4: The Attorney-Client Privilege and the Work Product Doctrine
    A. Confidentiality and attorney-client privilege compared
    B. The elements of attorney-client privilege
    C. Waiver
    D. The crime-fraud exception
    E. The death of the client
    F. The work product doctrine
    G. The attorney-client privilege for corporations
    H. The attorney-client privilege for government officials

    Chapter 5: Relationships Between Lawyers and Clients
    A. Formation of the lawyer-client relationship
    B. Lawyers’ responsibilities as agents
    C. Lawyers’ duties of competence, honesty, communication, and diligence
    D. Who calls the shots?
    E. Terminating a lawyer-client relationship

    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
    D. Conflicts involving prospective clients

    Chapter 7: Current Client Conflicts in Particular Practice Settings
    A. Representing both parties to a transaction
    B. Representing organizations
    C. Representing co-defendants in criminal cases
    D. Representing family members
    E. Representing insurance companies and insured persons

    Chapter 8: Conflicts Involving Former 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

    Chapter 9: Conflicts 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. Regulation of government lawyers and those who lobby them
    B. Successive conflicts of former and present government lawyers
    C. Conflicts involving judges, 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. 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 Provision of Legal Services
    A. The unmet need for legal services
    B. Sources of free legal services for those who cannot afford legal fees

    Chapter 14: The Evolving Business of Law Practice
    A. Developments in the regulation of law practice
    B. Changes in private law practice

    About the Authors
    Table of Articles, Books, and Reports
    Table of Cases
    Table of Rules, Restatements, Statutes, Bar Opinions, and Other Standards

  • Author Information

    Lisa G. Lerman

    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

    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.

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