Main Image

About the Book

Traversing the Ethical Minefield: Problems, Law, and Professional Responsibility, 4E

Fourth Edition

Susan R. MartynDistinguished University Professor and Stoepler Professor of Law and Values Emeritus, University of Toledo College of Law
Lawrence J. FoxPartner, Schoeman Updike Kaufman & Gerber; George W. and Sadella D. Crawford Visiting Lecturer in Law, Yale Law School

2018. Approx. 600 pages. ISBN: 978-1-4548-7486-7
With Teacher’s Manual.

About the Book

This casebook offers students accessible, teachable problems and notes that clarify and encourage analysis of the law governing lawyers. The book’s innovative pedagogy (combination of relevant and interesting problems faced by fictitious law firm “Martyn and Fox,” cases, ethics opinions, thematic notes, and short stories) supports its focus of teaching the Model Rules of Professional Conduct and the Restatement of the Law Governing Lawyers as well as conveying the complexities of ethical dilemmas in legal practice. The book’s manageable length makes it short enough to provide focus, but long enough to convey the rich texture of the material.

Hallmark features of Traversing the Ethical Minefield: Problems, Law, and Professional Responsibility:

  • Comprehensive coverage of a wide range of ethical issues through a combination of relevant and interesting problems, cases, ethics opinions, and thematic notes that showcase and clarify the developing law governing lawyers.
  • Student-accessible, teachable problems encourage nuanced explorations of the Model Rules, Restatement, cases, and materials, suited to both large- and small-classes.
  • Short stories illuminate ethical dilemmas in the context of legal practice.
  • Original thematic mini-law-review notes introduce students to the vast commentary about the legal profession and the law governing lawyers, organized around recurring themes: 
  • Lawyers’ Roles 
  • The Law Governing Lawyers
  • The Bounds of the Law
  • Practice Pointers
  • Lawyers and Clients
  • Text is short enough to cover in a typical course but detailed enough to provide thorough treatment of the issues at hand.
  • The innovative Teacher’s Manual provides basic and expanded information for each problem, including a short answer, a policy analysis, suggestions for additional hypos, and extensive citations to cases and materials that have considered the issue.
  • Annual statutory supplement (with state codes on a companion website).
Thoroughly updated, the Fourth Edition presents:

  • New materials:
  • Judicial regulation  (Ch.2)
  • Self-regulation (Ch.15)
  • New problems and a Legal Ethics Opinion that focus on Social Media and Attorneys (throughout)
  • A completely rewritten chapter on Judicial Ethics (Ch.16)
  • New cases: 
  • Sickler v. Kirby (malpractice by a consulting lawyer)
  • Attorney Grievance Commission of Maryland v. Framm (client with diminished capacity)
  • Matter of Anonymous (introduction to confidentiality rules 1.6, 1.9 and 1.18)
  • ESG Capital Partners, LP v. Stratos (securities and common law fraud against client and lawyer)
  • Johnson v. Clark Gin Service, Inc. (conflicts in representing joint PI plaintiffs)
  • Western Sugar Coop. v. Archer–Daniels–Midland Co.(concurrent and former client conflicts caused by a law firm merger)
  • Keuffer v. O.F. Mossberg & Sons, Inc.(prospective client conflicts)
  • Wadler v. Bio-Rad Laboratories, Inc. (inside counsel, wrongful discharge and Sarbanes Oxley)
  • State ex rel. Verizon West Virginia, Inc. v. Matish (confidential settlement agreements and restrictions on the right to practice)
  • Williams v. Pennsylvania (judicial disqualification of state chief justice who signed death penalty warrant years earlier as chief prosecutor)
  • Williams–Yulee v. The Florida Bar (constitutionality of judicial election funding restrictions)
  • New problems


Preface / Sample Chapters