Legal counsel in their transactional and litigation practices for both privately- and publicly-traded enterprises must adhere to ethical norms and focus on their clients’ compliance with applicable law. With the continual presence of government as well as private litigation against business enterprises and their attorneys, preventative lawyering consistent with ethical standards is a key objective that merits priority in the law school curriculum. This interesting textbook, consisting of fourteen chapters covering a diverse range of subject matter, employs the problem method in combination with case law and issue analysis to make a meaningful contribution to the law school curriculum. Each chapter contains one or more Scenarios for students to analyze and solve in an ethical and law-compliant manner. These Scenarios focus on dilemmas addressing client identification, attorneys’ conflicts of interest in both current and successive representation, counseling the small business enterprise, client fraud, the business attorney as litigator, the attorney litigation privilege, insider trading compliance, attorneys entering into business transactions with their clients, the attorney acting as intermediary, the role of inside counsel, and legal malpractice avoidance. This user-friendly student text comfortably serves as the principal reading for the specialized business “lawyering” course as well as a focused practical and insightful supplemental text for the business associations and professional responsibility courses. The author, one of this country’s most prolific scholars, has extensive practical experience, including being a former SEC enforcement attorney and serving as an expert witness in several high-profile cases, including those involving Enron, Mark Cuban, and Martha Stewart. A thorough Professor’s Manual accompanies the text.


Imprint: West Academic Publishing
Series: Coursebook
Publication Date: 04/04/2025
Related Subject(s): Professional Identity Formation

Marc I. Steinberg, Southern Methodist University School of Law

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The Sixth Edition updates Model Rule, judicial, and government developments since the Fifth Edition was published in 2020. The text adds several cases, including a number of recent decisions that focus on key areas of attorney ethical and counseling practices. In addition, the Sixth Edition adds two new chapters: compliance with the insider trading laws for both in-house and outside attorneys; and measures that should be undertaken by an attorney to minimize malpractice liability. With the addition of this new subject matter, the Sixth Edition provides a “go-to” text for professors who seek to have their students enjoy their reading assignments while, at the same time, enhancing their analytical and practical-lawyering skills in a thought-provoking setting.

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