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Legal research II - Legal research II - AdvancedAdvanced
Researching Legal Researching Legal EthicsEthics
March 29, 2012March 29, 2012
Nathan Aaron RosenNathan Aaron Rosen
Legal research II - Legal research II - AdvancedAdvanced
Researching Legal Researching Legal EthicsEthics
March 29, 2012March 29, 2012
Nathan Aaron RosenNathan Aaron Rosen
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WARNINGAll the opinions and statements
within this presentation are those of the speaker alone and do NOT in any way, shape, or form, reflect the opinion or position of any of his past or current employers.
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Dedicated to Steven Krane
• Taught Legal Ethics class at Proskauer & at Columbia University Law School
• NY State Bar President
• Ethics expert• Lead 2009 NYS Ethics
changes as Chair NYBA Committee on Standards of Attorney Conduct
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Today’s class
1. Basics of researching legal ethics
2. Hypo3. Working through hypo
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Basics of researching legal ethics
• ABA BNA Manual• NY Statutes, DR & EC, Model
Rules, Ethics Opinions & Secondary Authority
• ABA Model Rules, Ethics Opinions & Secondary Authority
• Other states rules
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Basics continued
•Special situations•News•Law firm memos & bloggers•Law Reviews & other
secondary authority
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Lexis & WestlawCoverage of Ethics Material
Topic Lexis Westlaw
ABA Formal 1924 – date 1924 – date
NY State Bar 1986 – date 1977 - date
NY County Bar None 1979 – date
NY City Bar 1986 – date 1986 - date
State Ethics Opinion 7 states 21 states
Restatement of the Law – Law Governing Lawyers
Yes Yes
State cases (1999-2005) 2,654 1,529
State cases (2006-2010) 1,959 1,055
ABA Code & Model Rules Yes Yes
State codes of ethics Yes Yes
Law review articles with ethics citations (2000 to date)
2,560 8,972
ABA/BNA Lawyers Manual on Professional Conduct
Yes Yes
National Reporter on Legal Ethics & Professional Responsibility
Yes – exclusive to LexisNexis & covers 46 state ethics opinions but sometime lag times
No
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Treatises
• Geoffrey Hazard, Jr. and William Hodes, The Law of Lawyering
• Raymond Wise, Legal Ethics• Charles Wolfram, Modern Legal
Ethics
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Secondary authority• Restatement of the Law, The law
governing lawyers• Ray Simon, Simon’s New York Code of
Professional Responsibility Annotated.• Encyclopedia (CJS, AmJur or NY Jur)• Opinion reporters
– National Reporter on Legal Ethics & Professional Responsibility – Mary Daly, The New York Code of Professional Responsibility:
Opinions, Commentary and CaseLaw.– Eugene M. Eugene, Opinions of the Committee on Professional
Ethics
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HypoYou are approached by an attorney who is
working with the General Counsel in the Legal Department (located in New York) of an international securities corporation. The attorney found out from their conversations with the GC that she is a very experienced nationally known attorney (now living in New Jersey), who has moved jobs located in three different states and has been licensed for more than a decade in California, District of Columbia and New Jersey but not in New York.
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Hypo continued
The attorney asks you if there might be a problem and whether they should be concerned about attorney client privilege and whether they might need to advise the Board or GC regarding legal issues that involve the corporation, representing the corporation in negotiation with employees, ex-employees, counterparties, arbitrations, SEC & SRO regulatory filings and regulatory agencies, and in working with outside counsel.
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Working through hypo
• Issues?• Jurisdiction?• Residency requirements for practice?• Any difference between corporation
and a law firm?• Can they wave in?• What is practicing law?
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Steps
•ABA BNA Manual•NY DR & EC and newer Rules•NY Statutes•NY Ethics Opinions•NY Secondary Authority
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NY DR & EC
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22 NYCRR Part 1200
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More steps
• ABA Model Code• ABA Ethics Opinions• ABA changes• Secondary authority• Securities arbitration special situation • Other states impact – California, DC
and New Jersey
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New Jersey
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Still more steps
•News – reputational risk issues
•Law firm memos and bloggers
•Law reviews & other secondary authority
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New York Changes
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Problem?
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Web sites• New York University School of Law
www1.law.nyu.edu/library/legal_ethics_guide.pdf
• Duke University School of Law www.law.duke.edu/lib/researchguides/pdf/legalethics.pdf
• Georgetown Law Library www.ll.georgetown.edu/guides/legal_ethics.cfm
• Washington University Law School http://law.wustl.edu/library/index.asp?id=1338
• University of San Francisco Law www.usfca.edu/law_library/ethre.html
• Cornell University Law Libraryhttp://library.lawschool.cornell.edu/WhatWeDo/ResearchGuides/Legal-Ethics.cfm
• Mercer Law School Librarywww.law.mercer.edu/library/Research/Legal%20Ethic%20Final%20Web.htm
• Cleveland Law Library Associationwww.clelaw.lib.oh.us/Public/MISC/REGUIDES/guide4B.html
• American Bar Association Center for Professional Responsibility www.abanet.org/cpr/
• Association of Professional Responsibility Lawyerswww.aprl.net/
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Bibliography of Articles
• Robert Ambrogi, Finding Ethics Via the World Wide Web, Law Technology Product News, December 1999, page 101 and Chicago Lawyer, December 1998, page 57.
• Dianna Botluk & James Botluk, A Web of Legal Ethics: Rules of Professional Conduct, LLRX, www.llrx.com/columns/ethics.htm
• Mary Daly, Researching Professional Responsibility Issues in PLI Ethics in Context, winter 2000, December 2006.
• Darby Dickerson, Ethics on the Web: An Annotated Bibliography of Legal Ethics Material on the Internet, Stetson Law Review, Vol. 28, Fall 1998, page 369 - http://justice.law.stetson.edu/lawrev/abstracts/PDF/28-2Dickers.pdf
• Nancy Garner, legal Ethics Resources, by the book or on the web, Intelligencer, Vol. 232, December 5, 2005, page S3.
• Deborah Rhode, Annotated Bibliography of Educational Materials on Legal Ethics, Law and Contemporary Problems, Vol. 58, Summer/Autumn 1995, page 361.
• Nathan Rosen, Researching Legal Ethics, New York State Bar Journal, Vol. 66, March/April 1994, page 40.
• Roy Simon, what Every New Attorney Must Know About Legal Ethics, in PLI’s MCLE Bridge the Gap Program Materials, October-December 1998, page 151.
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Conclusions
•Similarities•Differences
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Legal research II - Legal research II - AdvancedAdvanced
Researching Legal Researching Legal EthicsEthics
March 29, 2012March 29, 2012
Nathan Aaron RosenNathan Aaron Rosen
Legal research II - Legal research II - AdvancedAdvanced
Researching Legal Researching Legal EthicsEthics
March 29, 2012March 29, 2012
Nathan Aaron RosenNathan Aaron Rosen