Professionalism & Professional Responsibility
Introduction
This guide contains information pertaining to the rules and expectations of
legal comportment. It covers both professional responsibility, the application of
the mandatory behavior of attorneys, and professionalism, the general socially
proscribed behaviors and manners of lawyers.
Finding Books and Other Materials
While legal materials will be generally under the K Library of Congress
Classification system. KF is specifically for laws of the United States of
America and KFI 3000-3599 covers the relevant range of Indiana law. Most
materials relating to professionalism or professional responsibility will be under
the KF category as they tend to focus on the ABA Model Rules for Professional
Conduct.
For assistance in locating resources on this topic, consider using the following
related search terms:
Attorney and client.
Attorney and client -- United States.
Law -- Indiana.
Law reports, digests, etc. -- Indiana.
Law reports, digests, etc. -- United States.
Lawyers -- Discipline.
Lawyers -- Malpractice.
Lawyers -- Malpractice -- United States.
Lawyers -- United States -- Discipline.
Legal ethics.
Legal ethics -- Research -- United States -- Methodology.
Legal ethics -- United States.
Practice of law -- Moral and ethical aspects.
Practice of law -- Moral and ethical aspects -- United States -- History.
Course Reserve Materials
All course reserve materials are available at the circulation desk for a three
hour checkout period. They have been selected by the professor to supplement
the course materials and a copy of all mandatory course materials are available
as well. Please see a staff person for assistance with these items.
For Professional Responsibility: Law 9008
Ethical Problems in the Practice of Law, 3d ed.
Lisa G. Lerman & Phillip G. Schrag
KF 306 .L47 2012
This casebook examines the principles relating to legal rules of ethics and
professional responsibility, including: mechanisms for regulations; privileges,
duties and the legal work product; the attorney-client relationship, conflicts of
interest, duties to the court, duties to adversaries, and notes about the practice
of law in the United States.
The Law Governing Lawyers, 2014-2015 ed.
by Susan R. Martin, Lawrence J. Fox & W. Bradley Wendel
KF 306 .M37 2014
This book is a compilation of the ABA’s Model Rules of Professional Conduct
and commentary, an excerpt of the Restatement Third of the Law Governing
lawyers and specific federal statutes. It provides little explanation of the topic
outside of official commentary.
Primary Legal Materials
These are sources of primary, mandatory law. They contain actual statutes
and case law, as well as the digests used as finding aids in locating them. The
rules for professional responsibility are usually located in a state’s Rules of
Court. However, there is still a significant amount of case law surrounding
those rules and their interpretation.
Burns Indiana Statutes Annotated
KFI 3030 .A43
One of the Unofficial codes for the State of Indiana. This Lexis publication
contains annotations to cases and other sources to expedite legal research. It
is in the Indiana Law section of the first floor, but as reference material, it does
not circulate.
Digest of the United States Supreme Court Reports, Lawyer’s Ed
KF 101.1 .U55
Like its West counterpart, this is a topical index to headnotes provided by
the publisher accompanying the reported decisions of the Supreme Court. This
is kept on the second floor; it is reference, so it cannot be circulated.
Federal Practice Digest 4th & Federal Practice Digest 5th
KF 127 .W48 1989
The Federal Practice Digest index headnotes from cases across a broad
spectrum of the federal judiciary. Everything from the Supreme Court through
military courts from 1984 to the present are included. This a great locator for
headnotes related to attorney misconduct. This is kept on the second floor; it
is reference, so it cannot be circulated.
Federal Reporter, Federal Reporter 2d & Federal Reporter 3d
KF 105 F432
This is the major source of federal case law from the various Circuit Courts.
This is a great source for federal law and can be applicable to misconduct,
malpractice and liability matters within Indiana and without. This is kept on
the second floor; it is reference, so it cannot be circulated.
Federal Supplement & Federal Supplement 2d
KF 120 .F42
Consisting primarily of federal District Court decisions, this is another
resource for finding important case law on attorney misconduct. It should be
used in conjunction with the Federal Reporter and the Federal Practice Digest.
This is kept on the second floor; it is reference, so it cannot be circulated.
Indiana Cases
KFI 3047.2 .I524
While this is an unofficial reporter, it is a great source for all recent Indiana
cases dealing with attorney malpractice and or discipline. All of the cases are
taken from the North Eastern Reporter 2d and 3d, but they are indexed with
the Indiana Digest making it easier to locate them. It is in the Indiana Law
section of the first floor, but as reference material, it does not circulate.
Indiana Digest 2d
KFI 3057 W4
This is the West Digest for the Indiana Cases series. It contains headnotes
arranged by topic so that cases about malpractice and professional
responsibility in Indiana can be easily located. It is in the Indiana Law section
of the first floor, but as reference material, it does not circulate.
North Eastern Reporter 2d & North Eastern Reporter 3d
KF 135.N6 N63
The North Eastern Reporter covers not only major Indiana Cases, but also
Illinois, Massachusetts, New York and Ohio. All decisions reported in Indiana
Cases are taken from this series. It is in the Indiana Law section of the first
floor, but as reference material, it does not circulate.
Supreme Court Digest
KF 101.1 .U55
This is the West digest for their Supreme Court Reporter. It indexes the
headnotes, by topic solely of Supreme Court decisions. It should be used in
conjunction with the Supreme Court Reporter. This is kept on the second
floor; it is reference, so it cannot be circulated.
Supreme Court Reporter
KF 101.A322 KA90 A1
West’s Supreme Court Reporter is more current than the official copy and
contains headnotes, annotations and Key Numbers for easier indexing and
location of topics. Like, U.S. reports, this is the source for Supreme Court
decisions on federal attorney misconduct or liability. This is kept on the
second floor; it is reference, so it cannot be circulated.
United States Code Annotated
KF 62.5 .W45
This is West’s unofficial copy of the United States Code. The annotations
are useful for expediting research and include Key Numbers for use with other
West Publications. This is kept on the second floor; it is reference, so it cannot
be circulated.
United States Reports
KF 101 .U58
The official reporter for the United States Supreme court contains many of
the most important decisions in the country for attorney misconduct or liability
decisions, particularly those issues which implicate constitutional concerns.
This is kept on the second floor; it is reference, so it cannot be circulated.
United States Supreme Court Reports, Lawyer’s Ed.
KF 101.A313
The Lexis Supreme Court reporter provides cases more current than the
United States reports. Like the West equivalent, it contains headnotes and is
indexed with its own digest. This is kept on the second floor; it is reference, so
it cannot be circulated.
West’s Indiana Code
KFI 3030 .A43
West’s code is the other major unofficial codification of Indiana law. This
set is kept in ready reference, behind the reference desk. Please see a staff
person for assistance.
Reference Materials
These books are all standard legal reference works of general applicability.
They cover almost every legal topic and will offer supplemental information on
most topics. Some contain annotations or notes that will refer you to primary
law, expediting your research.
American Jurisprudence 2d (AmJur)
KF 154 .A42
This is one of the classic legal encyclopedias and contains information
about various issues relating to malpractice and professional responsibility at
both the state and federal level. It is located in the reference section of the first
floor and does not circulate.
American Law Reports (A.L.R.) 2d, 3d, 4th, 5th, 6th, Federal & Federal 2d
KF 132 A52
Annotations in the American Law Reports cover a variety of legal topics,
usually in more depth than an encyclopedia article, but focusing on narrower
applications of the law; professional responsibility and legal malpractice are
included among the list of topics covered. It is located in the reference section
of the first floor and does not circulate.
Black’s Law Dictionary
Bryan A. Garner, ed.
KF 156 .B53 2009
One of the standard reference works in a law library, this dictionary
provides definitions for terminology across the entire legal spectrum. Multiple
copies and editions are available, with the most recent being kept in the ready
reference section behind the reference desk. Please see a staff person for
assistance.
Corpus Juris Secundum (C.J.S.)
KF 154 .C56
Like American Jurisprudence, the other major legal encyclopedia, this set
contains information about various topics relating to professional responsibility
and malpractice at both the state and federal level. It is located in the
reference section of the first floor and does not circulate.
Restatement of the law, the law governing lawyers
by American Law Institute.
KF 300 .R469 200
Restatements are declarations by legal experts and scholars about how
specific areas of the law should operate. In addition to the analysis of the law,
there are also lists of court cases which have cited the restatement as
authority. It is not a codification of primary law, but is considered very
persuasive by some courts. The restatements are located in the ready
reference section behind the reference desk and do not circulate.
West's Indiana Law Encyclopedia
KFI 3065 .W44
This series serves much the same purpose as AmJur and CJS, but focused
on Indiana Law. It is located in the Indiana Law section of the first floor, but
as reference material, it does not circulate.
Study Guides
Study guides are commercially prepared outlines and supplements which
provide additional detail to add to a student’s understanding of particular
areas of law. They typically have less depth than a hornbook but provide
summaries of difficult concepts.
Hornbooks are single volume treatises which follow alongside casebooks and
expand on their subject matter.
Acing Professional Responsibility: A Checklist Approach to Professional
Responsibility Problems
by Leslie W. Abramson
KF 306 .A735 2009
This study guide combines, black letter rules, case synopses, discussions &
problems to explain professional responsibility with a focus on the Model
Professional Rules. It examines the power to regulate the legal profession, the
attorney-client relationship, confidentiality, conflicts of interest, malpractice,
litigation, communication with non-clients, attorney roles, property issues,
advertising, duties to the public, and judicial ethics. It is available in the
stacks on the third floor.
Legal Ethics in a Nutshell, 4th ed. (In a Nutshell series)
by Ronald D. Rotunda
KF 306 .R68 2013
Unlike many nutshells, which track various common law principles, the
Legal Ethics nutshell focuses on the Model Professional Rules. It has a section
devoted to each rule and covers them in order. While it is still not jurisdiction
specific, it does cover the topic as well as can be expected, and will cover the
material taught in most Professional Responsibility courses. It is available in
the stacks on the third floor.
Modern Legal Ethics
by Charles W Wolfram
KF 306 .W59 1986b
This is a student hornbook which contains information from the
practitioner treatise of the same title. It provides explanation of the areas of:
the regulation and disciple of attorneys, the attorney-client relationship,
competence, conflicts of interest, the role of the lawyer, the right to practice
law, funding of legal practice, and judicial rules. It is available in the reserve
section for a three hour checkout.
Professional Responsibility: Examples & Explanations, 4th ed. (Examples &
Explanations series)
by W. Bradley Wendel
KF 306 .W46 2014
This guide contains detailed explanations of black letter law
interspersed with questions and hypotheticals. The guide covers: regulation of
lawyers, the attorney client relationship, duties to the client, perjury and client
fraud, conflicts of interest, advertising, and bar organizations. It is available in
the stacks on the third floor.
Questions & Answers: Professional Responsibility; Multiple Choice and Short
Answer Questions and Answers, 3d ed. (Questions & Answers series)
by Patrick Emery Longan
A test preparation guide, this book contains both essay and multiple choice
questions. Like most test preparation guides, it does not provide an overall
view of the substantive law or cases on the topic of professional responsibility,
but rather provides explanations only in relation to the questions asked. It is
available in the stacks on the third floor.
Understanding Lawyers' Ethics, 3d ed. (Understanding series)
by Monroe H Freedman & Abbe Smith
KF 306 F76 2004
This study guide focuses less on the Model Rule and looks at issues like:
the adversarial system, client autonomy, zealous representation,
confidentiality, perjury, counseling clients, impeaching truthful witnesses,
judges, conflicts of interest, ethics for prosecution, and solicitation of clients. It
is available in the reserve section of the first floor for a three hour checkout.
Treatises
All treatises are longer, in-depth looks at particular areas of the law. They
tend to cover one or several volumes and include both bound volumes and
looseleafs. Bound volumes are periodically updated by pocket parts and
supplements while looseleafs come in binders and are updated continuously
throughout the year by adding or removing the relevant sections.
Codes of Professional Responsibility: Ethics Standards in Business, Health,
and Law, 4th ed.
by Rena A Gorlin;
BJ 1725 C57 1999
This book is simply a compilation of codes of conduct, ethics or professional
responsibility from a variety of professions. It contains several legal subspecialties, as well as health-care, finance and assorted others. It provides on
explanation of the topic, only the codes themselves and included
commentaries. It is available in the stacks on the third floor.
Criminal Defense Ethics: Law and Liability, 2d.
John M. Burkoff
KF 306 C75 2013
This treatise looks at the issue of ethics and professional responsibility
specifically from criminal defense attorneys, making their obligations slightly
more complex. It covers: the regulation of attorneys, malpractice, attorney
competency, acceptance and withdrawal from representation, scope of
representation, conflicts of interest, improper contact, trial publicity, fee issues
and professional obligations and restrictions. It relies heavily on footnotes and
citations to case law. It is available in the stacks on the third floor.
Foundations of the Law and Ethics of Lawyering
by George Meredith Cohen; Susan P Koniak;
KF 306 .A5 F68 2004
This book is made of reprints of law review articles and essays on legal
ethics and professional responsibility. It discusses: the limits of legal
representation, conflicts of interest, competence, and the structure of legal
practice. It is not recommended for students studying for the MPRE. It is
available in the stacks on the third floor.
Global Issues in Legal Ethics
by James E. Moliterno & George C. Harris
K 123 .M65 2007
This book is a comparative study examining how the U.S. regulations of the
legal profession and views on legal ethics differ from other countries. It is not
so focused on the application of the rules, but the underlying framework for:
regulation, attorney-client relationships, fees, confidentiality, representation or
organizations, duties to the court, advertising, and judicial conduct. It is
available in the stacks on the third floor.
Judicial Conduct and Ethics, 4th ed.
by James J. Alfini, Steven Lubet, Jeffrey M. Shaman & Charles Gardner Geyh
KF 879 .S47 2007
This book focuses exclusively on the ethical rules and expectations for
judges. Instead of the ABA’s Model Rules, it is based on the Code of judicial
Conduct. It looks at questions of: judicial power, competence, disqualification,
ex parte communications, case management, finances, personal associations,
political activities, appointment, liability removal and retirement. It is available
in the stacks on the third floor.
Lawyers, Clients, and Moral Responsibility, 2d ed.
by Thomas L Shaffer; Robert F Cochran
KF 306 .S455 2009
As the title indicates, this book is less concerned with the Model
Professional Rules than it is with the moral implications and ethical
frameworks for understanding the legal profession. It examines the issue of
who has the responsibility for making moral choices and who should the
outcomes of those choices protect. It is not recommended for practitioners of
students studying for the MPRE. It is available in the stacks on the third floor.
Legal Ethics for Management and their Counsel
by Len Biernat; R Hunter Manson
KF 306 .Z9 L434
This book is not intended for the use of attorneys or law students. Its focus
is on explaining the responsibilities of attorneys to non-lawyers so they can
understand the boundaries of legal representation in a business setting,
including who the client is and what they attorney can be required to do. It is
available in the stacks on the third floor.
Legal Malpractice
Ronald E. Mallen & Allison Martin Rhodes
KF 313 .M29
This is a multivolume treatise aimed at practitioners. It looks at the major
areas of: avoiding malpractice, theories of lawyer liability, damages, defenses,
substantive areas of malpractice, litigation, and malpractice insurance. It is
available in the non-circulating treatise section on the third floor.
Model rules of professional conduct.
by American Bar Association. House of Delegates.; Center for Professional
Responsibility (American Bar Association)
KF 305 .A2 2013
This is the official publication of the Model Rules, with the relevant
commentary. There is no additional explanation or interpretation provided.
Many other items in this bibliography include this material along with
additional resources. It is available in the stacks on the third floor.
Modern Legal Ethics
by Charles W Wolfram
KF 306 .W59 1986
This practitioner treatise provides extensive explanation of the areas of: the
regulation and disciple of attorneys, the attorney-client relationship,
competence, conflicts of interest, the role of the lawyer, the right to practice
law, funding of legal practice, and judicial rules. It is available in the stacks on
the third floor.
Professional Ethics at the International Bar
by Arman Sarvarian
KZ 6118 .S27
This book looks at practice of law in an international setting by members of
various legal traditions and organizations from around the world. With varying
legal and ethical traditions in play, balancing all of those expectations becomes
a difficult matter for the courts. It specifically looks at the powers and right to
discipline attorneys for each of the international tribunals analyzed. It is
available in the stacks on the third floor.
Regulation of Lawyers: Statutes and Standards
by Stephen Gillers; Roy D Simon
KF 306 .A4 G55 2006
This book is a compilation mostly containing the ABA model Rules of
Professional Conduct and accompanying revisions and commentary. It also
includes selected state and federal statutes and Rules relating to other matters
like privilege and work product. There is a similar structure for the section on
judicial conduct. It is available in the stacks on the third floor.
Regulation of the Legal Profession
by Stephen Gillers
KF 311 G55 2009
This book examines the issues of legal ethics, not the Model Professional
Rules. It looks at the nature of legal ethics, the attorney-client relationship,
duties to the client, fees, conflicts of interest, special rules for trail attorneys,
rules for transaction and governmental attorneys, rules for judges, bar
admission, liability and malpractice, and rules for advertising. It is very much
like a nutshell, but with more densely packed information. It is available in the
stacks on the third floor.
Sources of History of the American Law of Lawyering (Foundation of the
American Law of Lawyering series)
Michael H. Hoeflich, ed.
KF 306 .S68 2007
This book is mostly a compilation of historical documents, with an
introductory essay on the history of legal ethics. This book is good for
background information of the traditions of legal regulations and ethical
behavior, but with no discussion of the Model Professional Rules. It is not
intended for practitioners or students studying for the MPRE. It is available in
the stacks on the third floor.
“You Should Not”, a Book for Lawyers, Old and Young, Containing the
Elements of Legal Ethics
by Samuel H Wandell; Michael H Hoeflich
KF .W27 2014
This is a reprint of a book originally published in the late 1800’s. However,
much of the advice is still very relevant today. It is written to a young attorney
with explanations of how to succeed in practice through ethical and proper
behavior. While it does not discuss the Model Professional Rules, some issues
such as hard work and punctuality are still, and likely always will be,
important to the practice of law. It is available in the stacks on the third floor.
Internet Resources
American Bar Association
The ABA has complied this list of links with information about the
professional responsibility rules for each state and U.S. territory, along with
some general information for U.S. lawyers and firms. There is also a section for
international professional responsibility information.
Indiana State Bar Association Ethics Opinions
These opinions are the decisions of the Indiana State Bar Association’s
Legal Ethics Committee. While not legally binding, they are highly persuasive
and are intended to provide guidance for Indiana Bar members who face ethical
quandaries.