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Lawyer Law: Comparing The ABA Model Rules of Professional Conduct with the ALI Restatement (Third) of the Law Governing Lawyers

Thomas D. Morgan
$156 CBA Members, $195 Non-Members
A thorough comparison of the ABA Model Rules of Professional Conduct and the American Law Institute (ALI) Restatement (Third) of the Law Governing Lawyers.  The book identifies 200 important questions in the field of legal ethics and examines what both documents have to say about the issues.

The book is organized into six broad chapters – Regulation of the Legal Profession, The Client-Lawyer Relationship, Issues in Client Confidentiality, Issues in Conflicts of Interest, The Lawyer's Duties to Tribunals and Nonclients, and Operation of a Law Practice.  Within each Chapter, the subject matter is broken down into "Parts" or subchapters that are also clearly labeled.  Within each Part are numbered sections that collect the substantive material.

Each ethics issue begins with an Introduction by the author that is designed to put the issue in context, suggest policy choices faced in formulating the various rules, and identify any important differences between the Model Rules and Restatement treatment of the issue.  Next, the text of the relevant 2002-03 Model Rule passage is set forth in full.  Significant new passages are shown as underlined, but the material deleted has not been retained.  Then, the text of the corresponding Restatement section is set forth in full.  Type fonts have been chosen to help the reader keep clear which material is being quoted or referenced.

After the authoritative texts, each section provides a few case citations with which a reader can begin research.  Many new cases are cited, but significant older cases are sometimes included if they are still widely cited.  A "for further information" paragraph fits the section into the context of that part of the book and calls attention to related material that the reader might find useful or even essential to a full understanding of the topic.