Lawyering in the 21 st Century

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

2. Refresher on How to Research Efficiently

3. 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

4. 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

5. 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 www.oscn.net

6. More resources • ABA Formal Ethics Opinions - availablein ABA/BNA Lawyers’ Manual on Professional Conduct - available in Westlaw, LexisNexis • Oklahoma Ethics Opinions - available in www.okbar.org/ethics - summaries in ABA/BNA Lawyers’ Manual on Professional Conduct - available in Westlaw

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

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

9. 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

10. 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.

11. BNA

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

14. Index to Practice Guides

15. Quick Search: “sexual relations” client Search Tips

16. A space between terms = AND

18. Expand +

19. Lawyers Manual on Prof. Conduct 301:1014

22. Expand: Conflicts of Interest

23. Lawyers Manual on Professional Conduct 51:416

24. Discussion of Romantic or Social Ties Sexual Relations with Client

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

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

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

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

29. 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.

30. Click on Rule 1.8(j)

31. ABA Model Rule 1.8(j)

32. Comments re: Model Rule 1.8(j)

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

34. Search for database: ABA Model Rules

37. Rule 1.8

40. Use Ctrl F (Find): Subsection (j)

41. 2005 Oklahoma case

43. Rule 1.8(j) is not mentioned in the case

44. Has Oklahoma Adopted This Rule? Oklahoma Bar Association Website www.okbar.org Oklahoma Supreme Court Network www.oscn.net

45. www.okbar.org/ethics

49. New Rule 1.8

50. Subsection (j)