Beyond the Rules: Behavioral Legal Ethics and Professional Responsibility

This book provides behavioral insights to the topics commonly taught in the required professional responsibility course,such as admission to the practice of law,confidentiality,conflicts of interest,representing entities,prosecutorial and criminal defense ethics,litigation and negotiation ethics,legal billing,and managerial and subordinate responsibilities. It relies on empirical research to explore how lawyers make ethical decisions in context and offers relevant case studies and reflection questions to deepen students' understanding of the role of behavioral legal ethics in professional responsibility. The authors,both scholars in the field of behavioral legal ethics,have found that students enjoy studying and discussing behavioral insights and that integrating a behavioral focus to the study of legal ethics helps students better understand the ethical doctrines,policy,and context that underlie the law of lawyering and the ABA Model Rules.

Format: Paperback / softback
Length: 195 pages
Publication date: 30 April 2022
Publisher: West Academic Publishing

This comprehensive book delves into behavioral insights, offering valuable perspectives on a wide range of topics commonly covered in the essential professional responsibility course. These topics encompass admission to the practice of law, confidentiality, conflicts of interest, representation of entities, prosecutorial and criminal defense ethics, litigation and negotiation ethics, legal billing, and managerial and subordinate responsibilities. By employing empirical research, behavioral legal ethics aims to understand how lawyers make ethical decisions in real-world contexts, rather than solely relying on predictions of how they might respond to ethical dilemmas. This approach complements the traditional law of lawyering by exploring the psychological factors and situational pressures that shape decision-making and ultimately influence ethical or unethical actions.

Each chapter in this book explores findings from behavioral science that shed light on ethical decision-making. These findings include motivated reasoning, confirmation bias, cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and numerous other relevant aspects. Furthermore, each chapter includes relevant case studies and reflection questions to enhance students' understanding of the role of behavioral legal ethics in professional responsibility.

Moreover, the book offers practical ideas for individual attorneys and legal organizations to enhance their ethical decision-making processes. It serves as a valuable resource for law students, practicing attorneys, legal educators, and anyone interested in advancing their knowledge of legal ethics and professionalism. The book can be utilized as a standalone text in a required professional responsibility course, alongside the ABA Model Rules of Professional Conduct and selected cases and materials. Alternatively, it can be used as a supplement to a professional responsibility casebook, or even in advanced legal ethics courses.

The authors of this book, both esteemed scholars in the field of behavioral legal ethics, bring a wealth of expertise and experience to the table. Their combined efforts have resulted in a comprehensive and insightful exploration of the complex dynamics between law, psychology, and ethical decision-making.

Weight: 333g
Dimension: 229 x 152 (mm)
ISBN-13: 9781642429947