Regulation of Lawyers: Statutes and Standards
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Description
The purpose of this book is to make law school courses in professional responsibility more interesting. To accomplish this purpose, we have made this statutory supplement different from other available supplements for professional responsibility courses. This Preface explains what makes our book different. The ABA Model Rules of Professional Conduct A majority of the states have now adopted the ABA Model Rules of Professional Conduct in some form, and most law schools make the Model Rules an important component of their professional responsibility courses. We have therefore concentrated on adding depth and perspective to the Model Rules. We have given them depth by providing internal cross-reference, legislative histories, and interesting state variations after each Rule. We have put the Rules in perspective by citing or describing related authorities after each Rule. A quick glance at virtually any Model Rule will show how these features will enhance your understanding of the Model Rules. The Cross-References in the Rules give a full picture of each Rule’s influence and implications for the Rules as a whole. The Legislative History sections and the Selected State Variations can serve as the basis for lively, focused class discussions on whether the ABA Model Rules represent the best way of treating a particular issue or whether an earlier draft or a state variation is preferable. The Related Materials sections, which cite or quote other sources treating similar issues, make it easy to explore additional alternatives (such as the American Lawyer’s Code of Conduct), to fill in gaps in the Model Rules (by looking to specialized codes such as the ABA Model Standards for Lawyer Mediators in Family Disputes or the ABA Standards for Criminal Justice), to consider the relationship between the Model Rules and other sources of authority (such as the attorney-client privilege or the Federal Rules of Civil Procedure), and to gain additional historical perspective (by reading the old Canons of Professional Ethics following each Rule). To put our materials in context, we have written brief introductions to each chapter of the book. We have also written an introductory essay giving an overview of the entire field of regulation of lawyers, with special emphasis on the ABA Model Rules and Model Code, including their legislative history and the patterns in state variation. New York and California Materials We have paid especially close attention to California and New York. For California, the Selected State Variations section following every Model Rules cites comparable sections of both the California Business and Professions Code and the newly revised California Rules of Professional Conduct. Conversely, each section of the California Rules of Professional Conduct is followed by citations to related provisions in the ABA Model Rules, the Business and Professions Code, and the old California Rules (which were in effect until May 27, 1989). For New York, we have indicated after each Model Rule whether New York’s comparable provision differs from the ABA Model Code of Professional Responsibility, and we have reprinted separately all of the New York Code provisions that differ significantly. In addition, we have cited all comparable provisions in the Proposed New York Rules of Professional Conduct (still under consideration as of this writing), and we have reprinted the most important Proposed Rules, including underscoring and line-outs to show additions and deletions from the current New York Code. Our Theme Throughout the volume, our theme is simple: The ABA Model Rules are an important voice in the legal profession—but they are only one voice. The drafts, the state variations, and other sources show that there are other ways of addressing issues. Moreover, sometimes the Model Rules resolve only a few of the questions in the areas they cover, leaving many other questions wholly unaddressed. The job of the legal profession is to debate and determine the best possible standards for each facet of legal practice. By setting forth a wide variety of materials, and making them accessible through cross-references, we hope to help move the profession toward that goal.
Publication Date
1989
Edition
1
Recommended Citation
Gillers, Stephen and Simon, Roy D. Jr., "Regulation of Lawyers: Statutes and Standards" (1989). Faculty Books & Edited Works. 329.
https://gretchen.law.nyu.edu/fac-books-edited-works/329
