Legal ethics research requires proficiency with legal resources beyond caselaw and statutes. It can be daunting for an inexperienced (or even an experienced!) researcher to investigate a legal ethics issue without having an understanding of the essential resources.
The E-2 Monday morning session, “A Century in the Making: Researching Legal Ethics Today,” provided a great deal of information and assistance to individuals looking to enhance their skill with legal ethics research. Moderated by Kumar Percy Jayasuriya, the session covered the history of legal ethics resources, research strategies and insight into the future of legal research.
Stephen E. Young of the Catholic University of America School of Law was the first speaker. Mr. Young gave an extensive history of legal ethics resources in the United States, beginning with essays on legal ethics from the 1800’s. He then brought us through several landmarks in legal ethics including the first state code of ethics (from Alabama), the birth of the ABA Canons and the Model Code, the subsequent adoption of the Model Rules, and the establishment of ethics opinions. Throughout the discussion, he described the development of the discipline from standards that were aspirational and prescriptive in nature, to rules that are proscriptive in nature. This presentation of the ABA standards history was not only interesting - it was also helpful to understanding the rules as they stand today.
In addition, Mr. Young discussed essential resources for finding material both on the internet and in print. He highlighted the usefulness of comprehensive sources such as the ABA/Lawyer's Manual on Professional Conduct.
Lee Peoples of the Oklahoma City University Library was the next speaker. First, Mr. Peoples discussed research strategies for legal ethics. He emphasized the need to decipher the hierarchy of authority in your particular state and he educated the audience on state primary authority and persuasive authority, as well as the best places to find these materials on the internet and in print. He introduced materials such as the Restatement of the Law Governing Lawyers and the ABA web site listing state ethical rules. Mr. Peoples also gave an excellent breakdown of the types of authority in different states and gave tips on how to conduct state specific research.
After going over research strategies, Mr. Peoples discussed the future of legal ethics research. He highlighted the growing importance of research related to multi-jurisdictional practice issues. Noting the number of lawyers wanting to practice across state lines as well as across national borders, he drew attention to the types of ethical issues that arise from multi-jurisdictional practice as well as resources that would help both U.S. attorneys abroad and foreign attorneys in the U.S.
“A Century in the Making: Researching Legal Ethics Today” provided a comprehensive overview of sources for legal ethics research as well as several tips on conducting effective research. It was very helpful to anyone conducting legal ethics research or answering questions about legal ethics at the reference desk.