Professional Responsibility

ABA Formal Ethics Opinions are issued on matters that are deemed to be of general interest to the bar rather than a specific set of facts.

From ABA: ABA Formal Ethics Opinions are interpretations of the Model Rules of Professional Conduct and the Model Code of Judicial Conduct by the ABA Standing Committee on Ethics and Professional Responsibility. ABA Formal Opinions are not binding authority in any jurisdiction without adoption in such a jurisdiction. They are persuasive authority and express policy of the American Bar Association.

ABA Informal Ethics Opinions are issued for specific are issued for specific inquiries relating to a particular set of facts.

Handbook of Texas Lawyer and Judicial Ethics helps determine what constitutes ethical behavior. It provides you with analysis of the full text of the Texas Disciplinary Rules of Professional Conduct, the Texas Rules of Disciplinary Procedure, and the Code of Judicial Conduct. The handbook discusses each disciplinary rule separately, its background, and principal Texas cases and ethics opinions interpreting or commenting on it.

Publisher's description

Judges are expected not simply to decide the law but to exemplify it. In the face of increasing public scrutiny and a welter of new decisions, even the best-intentioned judges can find themselves at a loss. Here is the authoritative, practical guidance you need to ensure judicial activities are irreproachable.

Now in its fifth edition, Judicial Conduct and Ethics has established its reputation as the nation's most definitive guide to the conduct of federal, state, and local judges. The new edition, which keeps pace with recent developments in this fast-evolving field, builds on this tradition.

Setting the stage with an illuminating discussion of the use of power, Judicial Conduct and Ethics addresses the complete spectrum of judicial conduct, including uses and abuses of judicial power, judicial demeanor, disqualification, ex parte communications, case management, financial activities and disclosure, civic and charitable activities, personal conduct, political activities, civil and criminal liability, methods of discipline and removal, and disability and retirement. The book analyzes conduct that will subject judges to discipline under applicable codes of judicial conduct, and offers insights and advice on best practices.

Publisher's description

From the Introduction: This book is an unusual kind of treatise. The majority of its content comes from other documents, namely the 2002-03 Model Rules and the Restatement. The author's contribution has been to identify over 200 important questions in the field of legal ethics and to bring to bear on each what the two documents have to say about them. Sometimes both documents speak to the same issue, sometimes not, but someone using this book should be able to learn with relative ease what the authoritative position of one or both sources is on issues with which a lawyer is concerned. There will also be something there about why the law is as the documents state or find it to be.

Publisher's description

Legal Ethics: The Lawyer's Deskbook on Professional Responsibility provides current information and in-depth analysis of current legal ethical standards from a variety of sources. It combines the authors' thorough understanding of the current ethical climate with commentary and discussions and references to the American Law Institute's Restatement of the Law, 3d – Law Governing Lawyers. It is organized around the American Bar Association's Model Rules, which many states have adopted, and the ABA's Judicial Code. Up-to-date case law references are also included.

Publisher's description

Gain an essential edge in your legal career. Professionalism is the necessary ingredient beyond legal skills and experience. You can learn vital skills to make the most of law school, build and sustain a professional network, and succeed in your job search. Transition from law school to law practice with ease, make the most of business functions, and impress your employer. Filled with quotes from experts in the field, this book will guide you through professional expectations and help you maximize your legal career. You can still become a lawyer without this information...but you'll be a much better lawyer with it!

Publisher's description

This practice-oriented guide addresses the problems faced by attorneys when serving as criminal defense counsel. It provides trial guidance for striking the correct balance between duty to the client under the Sixth Amendment representing a client's interests, yet obeying the law and maintaining a profitable practice. Topics include the scope of the right to counsel, duty of candor, confidentiality of information, attorney-client privilege, subpoenas and search warrants directed at attorneys, and tampering with physical evidence or documentary evidence. Covers liability issues of criminal defense lawyers as potential accessories, hindering, compounding, misprision, and malpractice for the criminal defense lawyer.

Publisher's description

Designed to assist in the prevention of abuses of the prosecutor's office, Prosecutorial Misconduct establishes systematic guidelines on prosecutorial behavior, citing thousands of precedential cases, and standards of legal and ethical conduct. Containing an extensive discussion of the DeShaney case, the text anticipates possible abuses and available sanctions. It forms a critical handbook for prosecutors, defense attorneys, and judges. Topics include:

• Investigative misconduct
• Prosecutorial misconduct in the grand jury
• Abuse of process
• Abuse of the charging function: selective, vindictive, and demagogic prosecution suppression of evidence
• The prosecutor and the media
• Misconduct in the plea bargaining process
• Delay
• Misconduct in the presentation of evidence
• Forensic misconduct
• Prosecutorial-provoked mistrials and double jeopardy
• Misconduct at sentencing
• Sanctions for misconduct

Publisher's description

Restatement of the Law of the Law Governing Lawyers provides a thorough explanation and analysis of United States law concerning lawyers. Compiled by a panel of judges and scholars, it offers analysis, systematization, and guidance pertinent to the law governing law practice. Coverage includes tort doctrine relating to:

• Malpractice
• Vicarious liability
• Work product doctrine
• Attorney-client privilege
• Agent-principal relationship
• Related areas

Publisher's description

The Committee on Professional Ethics issues opinions pursuant to Tex. Gov’t. Code §81.091- 81.095. §81.091(a) states that “[t]he committee shall, either on its own initiative or when requested to do so by a member of the state bar, express its opinion on the propriety of professional conduct other than on a question pending before a court of this state.” The nine members of the Committee are appointed by the Supreme Court of Texas.