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Professional responsibility is a dynamic subject, and answers to seemingly straightforward questions can vary depending on the facts and the law of the jurisdiction. With this in mind, the book provides ample citations to authority to guide readers in their own research.
Chapters trace the life of a lawsuit from start to finish. Each chapter covers a key aspect of litigation in depth; compartmentalizing the subjects so that readers do not have to jump back and forth between chapters to understand the principles and rules in play.
This expanded Second Edition adds a new chapter on compensating fact witnesses. There is also a significantly revised and reworking of the chapter on ethics in e-discovery, as well as updates to the rest of the book’s chapters.
Professional Responsibility in Litigation, Second Edition defines “professional responsibility” broadly to include not only legal ethics, but also the related subjects of sanctions and, in some instances, professional liability. In terms of ethics rules, there is a focus on the ABA’s Model Rules of Professional Conduct for the sake of practicality and uniformity.
With the idea that California has not adopted the Model Rules and that states’ rules of professional conduct may differ from the Model Rules in various respects the book attempts to note differences to the extent reasonably possible.