[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

behavior in a civil or criminal case. This explains the general rule that violation of a lawyer
rule of professional conduct may be “evidence of breach of the applicable standard of
conduct” in a civil suit or motion to disqualify. 6
In practice, lawyers increasingly worry about these other consequences that follow from
the breach of obligations to clients, third parties, and tribunals, such as the threat of a
malpractice suit, nonclient reliance on an opinion letter, or discovery abuse. Moreover,
judges now exercise their power to “fire” lawyers representing clients by disqualifying or
enjoining them from continuing representation. Courts also dismiss claims and defenses,
grant new trials, deny the admission of evidence, exercise their contempt power, sanction
and fine lawyers, and order fee forfeiture. 7
Multiple Consequences The parallel development and influence of the lawyer rules of
professional conduct and of general civil and criminal law applied to lawyers can result in
multiple legal consequences for the same conduct. For example, because the lawyer rules of
professional conduct incorporate some general legal obligations (such as competence or
confidentiality), as well as some general legal prohibitions (against fraud or frivolous
lawsuits), lawyers who are professionally disciplined also could suffer criminal or civil
accountability for the same conduct, or vice versa. 8
Learning the Law Governing Lawyers
Understanding the sources of the law governing lawyers will help you analyze the rest of the
problems in this book. In preparing your answers to these problems, notice whether a
question asks you about professional discipline or other remedies. If it asks only about
professional discipline, then the answer should be found in the ABA Model Rules of
Professional Conduct.
Most of the problems in this book ask more generally whether a lawyer is in trouble or
“may” or “should” take a specific action. In that case, you should refer both to the relevant
ABA Model Rules and the Restatement of the Law Governing Lawyers (RLGL). 9
In seeking legal answers to the problems confronting Martyn & Fox, you will realize
that the law in this course, unlike much of the law you study in law school, directly
addresses your own personal concept of what it means to be a lawyer in modern society. In
traversing the law governing lawyers and the choices of the lawyers involved in these
materials, try to identify both the clear lines as well as the moral discretion in the rules and
the common law. At the same time, you should feel free to question the moral choices that
Martyn & Fox lawyers contemplate, as well as the rules that govern their conduct.
Ultimately, the stories of lawyers that run throughout this book should help you
consider which examples you wish to follow. We see the law governing lawyers as a map
that will help you understand your professional responsibilities and avoid the ethical
minefields that await you in law practice. At the same time, we see the “ethics” in legal
ethics as an integral part of the lawyer’s practical moral wisdom, which is essential to make
modern law practice meaningful. We hope that as you study the law governing lawyers
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