Overview

The practice of law can seem so simple, yet so daunting. The lawyer earns fees by representing clients, but is also subject to limits that can put the brakes on client representation. This is called ""fighting fair,"" which requires zealous advocacy within the bounds of the law. The law that governs the conduct of lawyers in litigation and elsewhere includes each jurisdiction's Rules of Professional Conduct, common law (such as agency and malpractice law), a few statutes (such as fee-shifting provisions), and court rules (such as Rules of Civil Procedure). A lawyer's license to practice, and income, depend on understanding of all these bodies of law, as adopted in each jurisdiction. Violation of a jurisdiction's Rules of Professional Conduct can result in professional discipline, with sanctions ranging from disbarment, suspension from practice, and fines to public and private reprimands. This book covers both trial lawyer ethics and matters outside the courtroom. It covers topics common to all representations, such as obligations to clients and the limits of the law, and much of it addresses pleadings, answers, motion practice, depositions, settlement, and appeals.

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9781641055680

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Lawrence J. Fox is a partner (since 1976) and former managing partner of Drinker Biddle & Reath LLP, where he specializes in securities and general commercial litigation and the counseling of law firms. He is the author of a long list of articles that have appeared in regional and national publications, covering a wide variety of subjects with particular emphasis on ethical issues. Larry also has authored Legal Tender: A Lawyer's Guide to Professional Dilemmas, American Bar Association (1995); co-authored (with Susan R. Martyn) Traversing the Ethical Minefield: Problems, Law, and Professional Responsibility, Aspen (2d ed. 2008); Red Flags: A Lawyer's Handbook on Legal Ethics, ALI-ABA (2005); Your Lawyer: A User's Guide, Lexis Nexis (2006); How to Deal with Your Lawyer: Answers to Commonly Asked Questions, Oxford University Press - Oceana (2008); Red Flags: A Lawyer's Handbook On Legal Ethics 2009 Supplement, American Law Institute (2009); The Ethics of Representing Organizations: Legal Fictions for Clients, Oxford University Press (2009); co-authored (with Susan R. Martyn and W. Bradley Wendell) The Law Governing Lawyers, National Rules, Standards, Statutes, and State Lawyer Codes, Aspen (2010-2011 ed.); edited and contributed to Raise the Bar: Real World Solutions for a Troubled Profession, ABA (2007); co-edited (with Susan R. Martyn and Andrew S. Polis) and contributed to A Century of Legal Ethics, ABA (2009); and written numerous book chapters relating to internal investigations, sanctions, expert witnesses and other topics. Larry has participated in well over 100 continuing legal education programs and has given lectures or classes at over 35 law schools. Among his many professional and community service activities, Larry was a member of the ABA Commission on the Evaluation of the Rules of Professional Conduct (Ethics 2000), Chair of the ABA Post-Conviction Death Penalty Representation Project (1996-2003), chair of the ABA Litigation Section and chair of the ABA Standing Committee on Ethics and Professional Responsibility. He was sent by the United States State Department to Argentina (1997) and China (2002) as a specialist and speaker on the Role and Rights of Lawyers. Larry has made numerous television appearances on Nightline, Cross-Fire, the Today Show, Talk Back Live, Burden of Proof, CNN and MSNBC on topics ranging from the Clinton Impeachment to the Death Penalty. He won the ABA's Pro Bono Publico Award in 2005 and the Michael Franck Award in 2007. Susan Martyn is Stoepler Professor of Law and Values at the University Of Toledo College Of Law, where she teaches Torts, Legal Ethics, Bioethics and Medical Liability. She has written extensively about professional ethics, including five books with Lawrence J. Fox: The Law Governing Lawyers: National Rules, Standards, Statutes, and State Lawyer Codes (Aspen 2011-2012 ed). Red Flags: A Lawyer's Handbook on Legal Ethics (ALI-ABA 2d ed. 2010) The Ethics of Representing Organizations: Legal Fictions for Clients (Oxford 2009) How to Deal with Your Lawyer: Answers to Commonly Asked Questions (Oceana 2008) Traversing the Ethical Minefield: Problems, Law and Professional Responsibility (Aspen 2d ed. 2008) Professor Martyn 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 is a member of the Ohio Bar, and served on the Ohio Supreme Court's Task Force on the Rules of Professional Conduct. She is a frequent contributor to continuing legal education programs, has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility. She is a member of the American Law Institute and a Fellow in the American Bar Foundation.

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