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Restatement of the
Law Governing Lawyers

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Restatement of the Law Third,
The Law Governing Lawyers (hardbound, 2 volumes) $195.00 - Order Code 1R3LGLOTK -- Order this item;
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The American Law Institute’s
Restatement of the Law Governing Lawyers

The American Law Institute’s (ALI’s) long-awaited Restatement of the Law Governing Lawyers clarifies and synthesizes the common law applicable to the legal profession. Although it appears as part of the Restatement Third series, there is no previous Restatement of this subject. While therefore completely new in subject matter, this magisterial two-volume work is nonetheless essentially a traditional Restatement. Some of its aspects have been broadly covered by the Restatements of Contracts, Torts, and particularly Agency, but the new Restatement for the first time examines and develops the application of the principles reflected in those traditional areas within the special context of lawyering.

After years of deliberative analysis begun in 1986 and numerous drafts generating extraordinary interest and debate, the publication of the Restatement of the Law Governing Lawyers is an event of major significance, comprehensively addressing those constraints imposed upon lawyers by law—that is, official norms enforceable through a legal remedy administered by a court, disciplinary agency, or similar tribunal. Separate chapters cover Regulation of the Legal Profession; The Client-Lawyer Relationship; Client and Lawyer: The Financial and Property Relationship; Lawyer Civil Liability; Confidential Client Information; Representing Clients – In General; Representing Clients in Litigation; and Conflicts of Interest.

While independently important as a contribution to the norms of the legal profession, the new Restatement complements the American Bar Association’s Model Rules of Professional Conduct (1983) and Model Code of Professional Responsibility (1969). Its scope, however, goes well beyond that of the ethics codes in force in all jurisdictions, whether those codes are based on the Model Rules or Model Code or whether, as in California and New York, they are drawn to an important extent from specific local tradition. The Restatement addresses in detail the formation of the client-lawyer relationship, primarily but not exclusively a contract arrangement, while the ethics codes presuppose that such a relationship has already been established. The Restatement directly addresses issues involving the civil liability of lawyers—legal malpractice—while the ethics codes are considerably less explicit about the relationship between ethical standards and malpractice liability. The Restatement recognizes that lawyers can be civilly liable to third parties—"nonclients"—while the ethics codes recognize very limited responsibilities in that direction. Perhaps most important, the Restatement recognizes what the codes properly do not address, that the remedies of malpractice liability and disqualification are likely to be of far greater importance in the practice of law than the risk of disciplinary proceedings.

Another important relationship between the Restatement and the ethics codes is that between decisional law and statutory law. The Restatement draws heavily on decisional law, while the ethics codes in almost all jurisdictions have the form and force of statutes, or at least administrative regulation. On subjects directly addressed in the ethics codes, the Restatement frequently tracks this statutory language literally, or at least without material change. In many instances, however, the Restatement significantly departs from the code formulations. Carefully considered and extensively debated, many of these departures simply clarify the underlying intention of the code provisions, while other departures seek to supersede drafting mistakes. Still other departures reflect the recognition that experience with the codes has revealed better resolutions on a variety of issues.

This eagerly anticipated, authoritative work combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes. The Comments thoroughly explicate the background, rationale, and applicability of the black-letter provisions, while the Reporter’s Notes exhaustively document and analyze the sources for the black letter and Comments and provide a convenient basis for further research. The work is further enhanced by tables of cases and of codes, rules, and standards, parallel tables showing the corresponding section numbers from earlier drafts of the project, cross-references to the West Digest System and ALR annotations, and an Index. For more information, refer to the Summary of Contents that follows.

Professor Charles W. Wolfram of Cornell Law School served as the Reporter for ALI’s totally new Restatement of the Law Third, The Law Governing Lawyers. The Associate Reporters were John Leubsdorf of Rutgers University Law School; Thomas D. Morgan of George Washington University Law School; and Linda S. Mullenix of the University of Texas School of Law.

2000, hardbound, 2 vols.; vol. 1 lxx, 676 pp.; vol. 2 lxx, 602 pp.; Order Code 1R3LGLOTK, $195 plus shipping/handling -- Order this item; (softbound) (complete in one volume) $75 - Order Code 1R3LGLOTS - Order this item

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Summary of Contents

Volume 1

Chapter 1. REGULATION OF THE LEGAL PROFESSION

Topic 1. Regulation of Lawyers—In General

Topic 2. Process of Professional Regulation

Title A. Admission to Practice Law

Title B. Authorized and Unauthorized Practice

Title C. Professional Discipline

Topic 3. Civil Judicial Remedies in General

Topic 4. Lawyer Criminal Offenses

Topic 5. Law-Firm Structure and Operation

Title A. Association of Lawyers in Law Organizations

Title B. Limitations on Nonlawyer Involvement in a Law Firm

Title C. Supervision of Lawyers and Nonlawyers Within an Organization

Title D. Restrictions on the Right to Practice Law

Chapter 2. THE CLIENT-LAWYER RELATIONSHIP

Topic 1. Creating a Client-Lawyer Relationship

Topic 2. Summary of the Duties Under a Client-Lawyer Relationship

Topic 3. Authority to Make Decisions

Topic 4. A Lawyer’s Authority to Act for a Client

Topic 5. Ending a Client-Lawyer Relationship

Chapter 3. CLIENT AND LAWYER: THE FINANCIAL AND PROPERTY RELATIONSHIP

Topic 1. Legal Controls on Attorney Fees

Topic 2. A Lawyer’s Claim to Compensation

Topic 3. Fee-Collection Procedures

Topic 4. Property and Documents of Clients and Others

Topic 5. Fee-Splitting with a Lawyer Not in the Same Firm

Chapter 4. LAWYER CIVIL LIABILITY

Topic 1. Liability for Professional Negligence and Breach of Fiduciary Duty

Topic 2. Other Civil Liability

Topic 3. Vicarious Liability

Chapter 5. CONFIDENTIAL CLIENT INFORMATION

Topic 1. Confidentiality Responsibilities of Lawyers

Title A. A Lawyer’s Confidentiality Duties

Title B. Using or Disclosing Confidential Client Information

Topic 2. The Attorney-Client Privilege

Title A. The Scope of the Privilege

Title B. The Attorney-Client Privilege for Organizational and Multiple Clients

Title C. Duration of the Attorney-Client Privilege; Waivers and Exceptions

Title D. Invoking the Privilege and Its Exceptions

Topic 3. The Lawyer Work-Product Immunity

Title A. The Scope of the Lawyer Work-Product Immunity

Title B. Procedural Administration of the Lawyer Work-Product Immunity

Title C. Waivers and Exceptions to the Work-Product Immunity

Volume 2

Chapter 6. REPRESENTING CLIENTS— IN GENERAL

Topic 1. Lawyer Functions in Representing Clients—In General

Topic 2. Representing Organizational Clients

Topic 3. Lawyer Dealings with a Nonclient

Title A. Dealings with a Nonclient—Generally

Title B. Contract with a Represented Nonclient

Title C. Dealings with an Unrepresented Nonclient

Topic 4. Legislative and Administrative Matters

Chapter 7. REPRESENTING CLIENTS IN LITIGATION

Topic 1. Advocacy in General

Topic 2. Limits on Advocacy

Topic 3. Advocates and Tribunals

Topic 4. Advocates and Evidence

Chapter 8. CONFLICTS OF INTEREST

Topic 1. Conflicts of Interest—In General

Topic 2. Conflicts of Interest Between a Lawyer and a Client

Topic 3. Conflicts of Interest Among Current Clients

Topic 4. Conflicts of Interest with a Former Client

Topic 5. Conflicts of Interest Due to a Lawyer’s Obligation to a Third Person

Table of Cases

Table of Codes, Rules, and Standards

Parallel Tables of Restatement Third Section Numbers and of Annual Meeting Draft Section Numbers

Table of Cross-References to Digest System Key Numbers and ALR Annotations

Index

REPORTER

Charles W. Wolfram, Cornell Law School, Ithaca, New York

ASSOCIATE REPORTERS

John Leubsdorf, Rutgers University Law School, Newark, New Jersey

Thomas D. Morgan, The George Washington University Law School, Washington, District of Columbia

Linda S. Mullenix, The University of Texas School of Law, Austin, Texas [from 1989 to 1993]

ADVISERS

Philip S. Anderson, Little Rock, Arkansas

William J. Brennan, III, Princeton, New Jersey [from 1993]

Milton H. Cohen, Chicago, Illinois [from 1991]

N. Lee Cooper, Birmingham, Alabama

Daniel R. Coquillette, Boston College Law School, Newton, Massachusetts

Roger C. Cramton, Cornell Law School, Ithaca, New York

Drew S. Days, III, Yale Law School, New Haven, Connecticut

Carol E. Dinkins, Houston, Texas [from 1991 to 1996]

David F. DuMouchel, Detroit, Michigan

Betty B. Fletcher, Judge, United States Court of Appeals for the Ninth Circuit, Seattle, Washington

Eliot Lazarus Freidson, Department of Sociology, New York University, New York, New York [to 1990]

J. Thomas Greene, Judge, United States District Court for the District of Utah, Salt Lake City, Utah

Marjorie E. Gross, New York, New York [from 1991]

Conrad K. Harper, New York, New York [to 1993]

Judith S. Kaye, Chief Judge, New York Court of Appeals, New York, New York [from 1988]

Walter Loeber Landau, New York, New York

Victor B. Levit, San Francisco, California

Susan R. Martyn, University of Toledo College of Law, Toledo, Ohio

L. Paige Marvel, Judge, United States Tax Court, Washington, District of Columbia [from 1988]

Nancy J. Moore, Boston University School of Law, Boston, Massachusetts [from 1989]

Martin Peter Moser, Baltimore, Maryland

Robert H. Mundheim, New York, New York

Robert E. O’Malley, Washington, District of Columbia [from 1988]

Louis H. Pollak, Judge, United States District Court for the Eastern District of Pennsylvania, Philadelphia, Pennsylvania [from 1989]

Stewart G. Pollock, Morristown, New Jersey; formerly Justice, Supreme Court of New Jersey

Douglas E. Rosenthal, Washington, District of Columbia

A. A. Sommer, Jr., Washington, District of Columbia [from 1992]

George Whittenburg, Amarillo, Texas

Joan Wolff, San Francisco, California

LIAISONS

Lawrence J. Fox, Philadelphia, Pennsylvania, for the American Bar Association Section of Litigation [from 1988]

Jackson M. Bruce, Jr., Milwaukee, Wisconsin, for the American Bar Association Section of Real Property, Probate and Trust Law

Malcolm A. Moore, Seattle, Washington, for the American College of Probate Counsel

EX OFFICIO†

Roswell B. Perkins, New York, New York Chair of the Council, The American Law Institute

Charles Alan Wright, Austin, Texas President, The American Law Institute

*Geoffrey C. Hazard, Jr., Philadelphia, Pennsylvania Director, The American Law Institute

†As of May 12, 1998

*Director Emeritus since May 20, 1999; succeeded as Director by Lance Liebman

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