- Beyond the Rules: Behavioral Legal Ethics and Professional Responsibility
Beyond the Rules: Behavioral Legal Ethics and Professional Responsibility
New book purchase includes complimentary digital access to the eBook.
This concise book brings behavioral insights to the wide array of topics commonly taught in the required professional responsibility course, including 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. Behavioral legal ethics relies on empirical research to explore how lawyers actually make ethical decisions in context, rather than how they predict they would decide an ethical dilemma. This approach complements the law of lawyering by seeking to understand how various psychological factors and situational pressures explain and influence decision-making and resulting ethical (or unethical) action. Each chapter explores findings from behavioral science that pertain to ethical decision-making such as motivated reasoning, confirmation bias and other cognitive biases, fast thinking, the fundamental attribution error, wrongful obedience, conformity, moral disengagement, and much more. In addition, each chapter contains relevant case studies and reflection questions to deepen and cement students’ understanding of the role of behavioral legal ethics in professional responsibility. Finally, the book offers ideas for individual attorneys and legal organizations to improve ethical decision-making.
The book can be used as a stand-alone text in a required professional responsibility course, along with the ABA Model Rules of Professional Conduct and select cases and materials, or it can be used as a supplement to a professional responsibility casebook. In addition, the book can be used in advanced legal ethics courses. The teachers’ manual provides instructors with everything they need to integrate psychological insights, experiments, exercises, videos, and case studies into their professional responsibility classroom. The authors, both scholars in the field of behavioral legal ethics, are professional responsibility professors who have incorporated behavioral legal ethics into their own classrooms. They 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. A sampling of student testimonials include:
- “I found the psychology of legal ethics extremely helpful. It really allowed me to focus in on the issues I know I will be challenged with when I enter the legal profession.”
- “I liked how the course was not just putting the rule on the board and going over it, which I have heard some professors do. I liked looking at the rules through a behavioral science lens.”
- “I appreciated the unique take from the behavioral sciences side.”
- “It is kind of hard to imagine studying ethics without any mention of the psychological issues at this point.”
Imprint: West Academic Publishing
Publication Date: 08/16/2021
Catherine Gage O'Grady, University of Arizona College of Law
Tigran W. Eldred, New England School of Law
This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:
- A new print or digital casebook
- Access to a downloadable eBook with the ability to highlight and add notes
- 12-month access to a digital Learning Library complete with:
- Chapter questions keyed to the casebook
- Black Letter Law questions (available in select subjects)
- Subject area review questions for end of semester use
Leading digital study aids, an outline starter, and audio lectures in select subjects
Students can still utilize CasebookPlus digital resources if they've purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.
With CasebookPlus, you can customize your students' learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students' understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards. Learn more about the reporting available to you from your Account Manager or view the course set-up instructions to get started.
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Law School Faculty: email firstname.lastname@example.org or call 800-313-9378.
Other Higher Education Faculty: email email@example.com or 800-360-9378.
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