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In this, the Thirteenth edition of Stephen Gillers’ book, Regulation of Lawyers: Problems of Law and Ethics, the author’s goal, as always, is to teach the law and rules governing lawyers and judges with engaging writing and a conversational voice. To that end, he sprinkles the text with literary and historical references, references to current events, amplifying asides (“by the way” stories), and humor. There are new cases, and some repeat cases have been further edited. New problems have been added, and some former problems have been revised to better crystalize their issues. As always, the problems aim for credibility through detail. In addition to the self-study questions and answers, most chapters now contain one or two short “Pop-up Questions” with answers a few pages later. The clarity of notes on secondary issues makes it possible to assign these with little need for class discussion, freeing time for the principal lessons.
New to the Thirteenth Edition:
- New cases and materials on:
- The formation of the attorney-client relationship
- The elements of competency, including cultural competency
- Privilege and confidentiality and their exceptions
- Allocation of authority between lawyer and client
- Discipline for inflating bills
- Screening to prevent imputation of lateral lawyer conflicts
- The interplay between Rules 1.7(a)(2) and 1.8(a)
- Prosecutorial misconduct
- A lawyer’s responsibility for real evidence, such as weapons
- Rule 8.4(g)
- The Supreme Court’s decision in 303 Creative
- Client identity in the corporate context (U.S. v. Elizabeth Holmes)
- Discipline for lying to the public (Rudolph Giuliani and Jenna Ellis)
- Litigation funding.
- “Pop-up Questions” (and answers) in most chapters
- High-profile author—Professor Gillers is a highly visible and recognized national authority on professional responsibility
- Comprehensive coverage—includes the full range of professional responsibility issues
- Excellent case selection
- Manageable length
- Well-balanced mix of cases, secondary sources, and timely materials—often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues
- Realistic, helpful, and abundant problems—many based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior
- Detailed and challenging notes—providing in-depth treatment of the issues
- Accessible and engaging style—characterized by variety, clarity, and humor
- Discussion beyond the rules and from different perspectives—to recognize that the law is not necessarily self-evident and covers many subtleties
