Lawyering in the 21 st Century Researching Legal Ethics Feb. 7, 2011 Prof. Gerrish Go ahead and log on to Westlaw We will start with Law Library website

Refresher on How to Research Efficiently

Key Treatises ABA/BNA Lawyer’s Manual on Professional Conduct - available on Westlaw, LexisNexis, and via Law Library subscription Restatement of the Law – The Law Governing Lawyers - available on Westlaw

Key Treatises Mallen & Smith, Legal Malpractice - KF 313.M253 - available on Westlaw Hazard and Hodes, The Law of Lawyering - KF 306.H33 (print looseleaf) Rotunda and Dzienkowski, Professional Responsibility: A Student’s Guide - KF 306.Z9

Key Primary Sources Okla. Ethics Cases - Westlaw and LexisNexis ABA Model Rules of Professional Conduct Annotated, Sixth Edition - KF 305.A2 - available on Westlaw (Annotated) - Unannotated on LexisNexis – Okla. Rules of Professional Conduct - in Title 5 of Oklahoma Statutes - in print collection and on

More resources ABA Formal Ethics Opinions - available in ABA/BNA Lawyers’ Manual on Professional Conduct - available in Westlaw, LexisNexis Oklahoma Ethics Opinions - available in - summaries in ABA/BNA Lawyers’ Manual on Professional Conduct - available in Westlaw

Research issue: In Oklahoma, am I allowed to continue representing a client with whom I have begun a romantic relationship?

ABA/BNA Lawyer’s Manual on Professional Conduct Secondary Source

ABA/BNA Lawyer’s Manual Available Online at Law Library’s Website Available in Print in Reserve Room Provides full-text –ABA Rules of Conduct –Links to Individual State Ethics Rules –Other Ethical Rules (Judicial Conduct, etc.) –Full-Text of ABA Opinions and Summaries of State Opinions –References to cases

ABA/BNA Lawyer’s Manual Editorial Analysis –Provides detailed analysis and discussion of how rules are being applied and interpreted –Compares and contrasts different state applications of specific rules Current Awareness –Contains a weekly newsletter describing developments in legal ethics, malpractice and other professional issues.

BNA

Full text of Ethics Rules and Opinions Practice Guides: Editorial Analysis by Subject

Index to Practice Guides

Quick Search: “sexual relations” client Search Tips

A space between terms = AND

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Lawyers Manual on Prof. Conduct 301:1014

Expand: Conflicts of Interest

Lawyers Manual on Professional Conduct 51:416

Discussion of Romantic or Social Ties Sexual Relations with Client

Analysis and links to BNA news reports on relevant cases, links to full-text of Model Rules, state rules

links to state and ABA Ethics Opinions No discussion of an Okla. Rule - not adopted yet?

Reference to law review and journal articles Oklahoma Ethics Opinion 311 (1998)

Lawyers’ Manual on Prof. Conduct has only summaries of Okla. Ethics Opinions

ABA Model Rules of Conduct – look at Rule 1.8(j) Available on ABA Website, in ABA/BNA Lawyer’s Manual, and Westlaw. Westlaw has annotations to case law, so try Westlaw first.

Click on Rule 1.8(j)

ABA Model Rule 1.8(j)

Comments re: Model Rule 1.8(j)

Annotated ABA Model Rules on Westlaw Also available in print at the circulation desk – Reserve Room Includes References to Key Cases

Search for database: ABA Model Rules

Rule 1.8

Use Ctrl F (Find): Subsection (j)

2005 Oklahoma case

Rule 1.8(j) is not mentioned in the case

Has Oklahoma Adopted This Rule? Oklahoma Bar Association Website Oklahoma Supreme Court Network

New Rule 1.8

Subsection (j)

Comment on the rule Eff. Jan 1, 2008

Find Case Law Relating to the Topic Westlaw State Ethics Cases database

Westlaw Directory of databases Topical Practice Areas

Legal Ethics & Professional Responsibility

State Cases

State Databases – for individual states

Suspended for 1 year, plus costs

Headnote 5

45k44 Misconduct as to Client

Use Ctrl. Find

Groshon: Public Censure

Gassaway: Disbarred and $10,000 costs

Get the Full-Text of Oklahoma Ethics Opinion No. 311 and Search for Other Opinions Oklahoma Bar Association Website

No mention of Rule 1.8(j)

Search for Other Oklahoma Ethics Opinions Any newer opinions on this issue?

Ethics Opinion 308

Not newer, but older

Restatment of the Law 3d - The Law Governing Lawyers On Westlaw (Also available in print on Reserve)

Ch. 8 expanded

Topic 2 expanded

Use Ctrl. Find As a shortcut

Reference to cases, law review article, AAML Standards of Conduct

Answer: Oklahoma case law, Oklahoma advisory opinions, Oklahoma Rule 1.8(j), and specific ABA Rules of Professional Conduct state that the conduct is unethical.

Comparing Different State Rules of Conduct Cornell’s Legal Information Institute (LII)

Texas Disciplinary Rules of Professional Conduct

The End