Susan R. Martyn

University of Toledo - College of Law

2801 W. Bancroft Street

Toledo, OH 43606

United States

SCHOLARLY PAPERS

42

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4

Scholarly Papers (42)

1.

The Restatement (Third) of the Law Governing Lawyers and the Courts

Symposium, The Professional Lawyer, Vol. 115, 1997
Number of pages: 12 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 674 (63,028)

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Client-Lawyer Relationship, Fees, Disqualification, Duties to Third Persons, Withdrawal, Attorney-Client Privilege, Confidentiality, Work Product Immunity, Conflict of Interest, Malpractice, Discovery, Wrongful Discharge, Sanctions, Purcell

2.

Legislating Advanced Directives for the Terminally Ill: The Living Will and Durable Power of Attorney

Neb. L. Rev., Vol. 63, pp. 776-809, 1984
Number of pages: 32 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Lynn B. Jacobs and Susan R. Martyn
affiliation not provided to SSRN and University of Toledo - College of Law
Downloads 521 (87,143)

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Living Will, Durable Power of Attorney for Health Care, Advance Directive, Quinlan, Constitutional Rights, President's Commission

3.

In Defense of Client-Lawyer Confidentiality... And its Exceptions ...

Nebraska Law Review, Vol. 81, 2003
Number of pages: 32 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 351 (138,016)

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Confidentiality, Attorney-Client Privilege, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Utilitarian, Deontological, Consent, Physical Harm, Financial Harm, Seeking Advice, Self-defense, Court Orders, Procedural Rules, USA Patriot Act, Sarbanes-Oxley

4.

Informed Consent in the Practice of Law

George Washington Law Review, Vol. 48, 1980
Number of pages: 48 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 331 (147,013)

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Informed Consent, Malpractice, Model Rules of Professional Conduct, Human Dignity, Rational Decision Making, Client Fraud, Professional Self-Scrutiny, Constructive Fraud, Custom, Causation, Client Control, Res Ipsa Loquitur, Battery, Negligence, Writing

5.

Human Cloning: The Role of Law

University of Toledo Law Review, Vol. 32, No. 3, Spring 2001
Number of pages: 13 Posted: 15 Jan 2002 Last Revised: 25 May 2014
Susan R. Martyn
University of Toledo - College of Law
Downloads 319 (152,888)

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Human Cloning, Legal Regulation, Law, Moral Judgments, Government Funding, Patent Protection, Laissez Faire, Human Subjects Research, Tuskegee Experiment, Family Law, Privacy, Commodification, Posner, Nonprofit

6.

Required Request for Organ Donation: Moral, Clinical and Legal Problems

Hastings Center Report, Vol. 18, No. 27, 1988, Required Request Revisited, Hastings Center Report, Vol. 19, No. 44, March/April 1989
Number of pages: 16 Posted: 16 Jul 2008
Susan R. Martyn, Richard Wright and Leo L. Clarke
University of Toledo - College of Law, University of Toledo and TechRisk.Law
Downloads 215 (226,990)

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Brain Injury, Brain Death, Conflict of Interest, Uniform Anatomical Gift Act, Organ Donation, Consent, Required Request, Presumed Consent, Voluntariness

7.

Accidental Clients

Hofstra Law Review, Vol. 33 p. 913, March 2006
Number of pages: 43 Posted: 14 Apr 2005 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 214 (227,971)

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Legal Ethics, Lawyer-Client Relationship, Fiduciary Duty,Court Appointments, Reasonable Reliance, Prospective Clients, Joint Clients, Insurance Defense, Organizations, Class Actions, Third Party Beneficiaries, Imputed Representation

8.

'Formation of the Client-Lawyer Relationship, Competence and Diligence' and 'Communications and Shared Decision-Making'

in Professional Legal Ethics: A Comparative Perspective, Maya G. Bolocan, Ed.
Number of pages: 9 Posted: 15 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 183 (262,611)

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Model Rules of Professional Conduct, Court Appointments, Comparative Law, Council of Bars & Law Societies of Europe, Contract, Prospective Clients, Fiduciary Responsibility, Competence, Diligence, Professional Liability Insurance, Communication, Shared Decision Making

9.

Using the Brain Dead for Medical Research

Utah L. Rev., Vol. 1, 1986
Number of pages: 29 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 162 (291,643)

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Neomort, Biomort, Brain Death, Medical Research, Human Subjects Research, President's Commission, Uniform Anatomical Gift Act, Transplantation, Organ Donation, Cadaver, Institutional Review Boards

10.

Lawyers as Directors: Who Serves and Why?

1996 Symposium, The Professional Lawyer 107. Reprinted in THE LAWYER-DIRECTOR: IMPLICATIONS FOR INDEPENDENCE; REPORT OF THE TASK FORCE ON THE INDEPENDENT LAWYER (American Bar Association Section of Litigation 1998)
Number of pages: 24 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 158 (297,876)

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Empirical Study, Lawyer-Directors, Trends, Non-profit Boards, Conflict of Interest, Informed Consent

11.

Ten Remedies You Must Understand

Practical Litigator, Vol. 16, No. 6, p. 41, 2005
Number of pages: 14 Posted: 16 Jul 2008 Last Revised: 12 May 2012
Lawrence J. Fox and Susan R. Martyn
Drinker Biddle & Reath LLP and University of Toledo - College of Law
Downloads 134 (340,075)

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Restatement of the Law Governing Lawyers, Remedies, Discipline, Crimes, Misrepresentation, Duties to Third Persons, Tort Liability, Malpractice, Breach of Fiduciary Duty, Ineffective Assistance of Counsel, Disqualification, Fee Forfeiture, Loss of Contractual Rights, Sanctions

12.

Substituted Judgment, Best Interests and the Need for Best Respect

Cambridge Quarterly of Healthcare Ethics, Vol. 3, p. 194, 1994
Number of pages: 15 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 134 (340,075)

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Substituted Judgment, Best Interests, Best Respect, Surrogate Decision Makers, Quality of Life

13.

Back to the Future: Fiduciary Duty Then and Now

CENTURY OF LEGAL ETHICS: TRIAL LAWYERS AND THE ABA CANONS OF PROFESSIONAL ETHICS, American Bar Association, 2009, University of Toledo Legal Studies Research Paper
Number of pages: 21 Posted: 11 May 2012
Susan R. Martyn, Lawrence J. Fox and Andrew S. Pollis
University of Toledo - College of Law, Drinker Biddle & Reath LLP and Case Western Reserve University School of Law
Downloads 103 (411,591)

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14.

Physician-Assisted Suicide: The Supreme Court's Wary Rejection

U. Tol. L. Rev., Vol. 31, pp. 253-272, 1999-2000
Number of pages: 21 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 99 (423,095)

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Killing, Letting Die, Fourteenth Amendment, Physician-Assisted Suicide, Terminal Illness, Palliative Care, Netherlands, Quill, Glucksberg, Terminal Sedation

15.

Physician's Decisions About Patient Capacity: The Trojan Horse of Physician-Assisted Suicide

Psychology, Public Policy and Law, Vol. 6, 2000
Number of pages: 13 Posted: 11 Jul 2008
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 94 (437,521)

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Oregon, Physician-Assisted Suicide, Terminal Illness, Competence, Capacity, Voluntariness, Documentation, Quality of Life, Physician Power

16.

Peer Review and Quality Assurance for Lawyers

U. Tol. L. Rev., Vol. 20, 1989
Number of pages: 31 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 89 (452,820)

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Professionals, Accountants, Engineers, Physicians, Quality Assurance, Peer Review, Competence, Insurance, Law Practice Management

17.

Justice and Lawyers: Revising the Model Rules of Professional Conduct

Prof. Law., Vol. 12, No. 1, 2000
Number of pages: 9 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 86 (462,568)

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Ethics 2000, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Fiduciary Duty, Competence, Communication, Confidentiality, Conflict of Interest, Bounds of the Law, Pro Bono, Access to Justice, Unauthorized Practice, Justice

18.

Now is the Moment to Reflect: Two Years of Experience with Oregon's Physician Assisted Suicide Law

Elder Law Journal, Vol. 8, No. 1, 2000
Number of pages: 57 Posted: 23 Sep 2000 Last Revised: 11 May 2012
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 86 (462,568)

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Oregon, Physician-Assisted Suicide, Death with Dignity, Capacity, Voluntariness, Terminal Illness, Empirical Study, Competence, Documentation

19.

Lawyer Competence and Lawyer Discipline: Beyond the Bar?

69 Geo. L. J. 705
Number of pages: 41 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 85 (465,792)

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Model Rules of Professional Conduct, Malpractice, Discipline, Grievance Procedure, Lay Representation

20.

Legal Ethics

in LOOKING AT LAW SCHOOL, Society of American Law Teachers, 4th ed. 1997
Number of pages: 10 Posted: 11 Jul 2008 Last Revised: 10 Dec 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 79 (486,486)

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Moral Values, Law School, Advanced Courses, Problems, Pervasive, Restatement of the Law Governing Lawyers, Advertising, Bar Admission, Fiduciary Duty, Confidentiality, Loyalty, Competence, Role

21.

Justice Stewart G. Pollock: Catcher in the Rye

30 Seton Hall L. Rev. 435
Number of pages: 9 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 74 (504,996)

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Catcher in the Rye, Precedent, Medical Malpractice, Wrongful Discharge, Confidentiality, Informed Consent

22.

Essay: Professionalism - Behind the Veil of Ignorance

University of Toledo Law Review, Vol. 24, 1992
Number of pages: 15 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 73 (508,771)

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Professionalism, Rawls, Pro Bono, Advertising, Peer Review, Conflict of Interest, Screens, Fraud

23.

The Law of the Lawyer Judicial Ethics: Disqualification and Recusal

The Practical Lawyer, Vol. 53, No. 6, December 2008, University of Toledo Legal Studies Research Paper
Number of pages: 3 Posted: 02 May 2012
Susan R. Martyn and Lawrence J. Fox
University of Toledo - College of Law and Drinker Biddle & Reath LLP
Downloads 67 (532,874)

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24.

Judicial Reliance on the Restatement (3d) of the Law Governing Lawyers

The Professional Lawyer, Vol. 6, 1995
Number of pages: 14 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 65 (541,351)

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Restatement of the Law Governing Lawyers, Tentative Drafts, Discipline, Legal Malpractice, Fees, Discovery Motions, Disqualification

25.

How to Help Yourself: Researching the Law Governing Lawyers

The Practical Lawyer, Vol. 56, No. 5, October 2010, University of Toledo Legal Studies Research Paper
Number of pages: 9 Posted: 02 May 2012
Susan R. Martyn and Lawrence J. Fox
University of Toledo - College of Law and Drinker Biddle & Reath LLP
Downloads 64 (545,672)

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legal research, legal ethics, professional responsibility

26.

Screening? Consider the Clients

The Practical Litigator, p. 47, July 2008
Number of pages: 7 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 64 (545,672)

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Screens, Conflict of Interest, Former Clients, Current Clients, Disqualification, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Side-Switching, Ethics 2000, Informed Consent, Law Firms

27.

Book Review: The Ethic of Modern Legal Ethics

Geo. J. Legal Ethics, Vol. 1, p. 267
Number of pages: 19 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 57 (577,541)

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Hornbook, Advertising and Solicitation, Unauthorized Practice, Client-Lawyer Relationships, Moral Philosophy

28.

Redrafting Ohio's Advance Directives Laws

Akron L. Rev., Vol. 26, No. 229, 1992
Number of pages: 65 Posted: 15 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 56 (582,246)

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Living Will, Durable Power of Attorney for Health Care, Advance Directive, Quinlan, Constitutional Rights, Uniform Rights of the Terminally Ill Act, Do Not Resuscitate Orders, Non-declarant, Permanent Unconscious State, Surrogate Decision Makers

29.

Competence: Why You Were Hired in the First Place

Practical Litigator, Vol. 16, No. 5, 2008
Number of pages: 6 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Lawrence J. Fox and Susan R. Martyn
Drinker Biddle & Reath LLP and University of Toledo - College of Law
Downloads 55 (587,097)

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Reasonable Care, Scope of Representation, Obedience, Diligence, Common Knowledge, Obvious Errors, Communication, Disclosing Errors

30.

Conflict About Conflicts: The Controversy Concerning Screens

Oklahoma Law Review, Vol. 46, 1993
Number of pages: 11 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 55 (587,097)

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Restatement of the Law Governing Lawyers, Law Firm Screens, Conflict of Interest, Chinese Walls, Former Clients, Current Clients, Model Rules of Professional Conduct, Ethics 2000, Informed Consent

31.

Book Chapter: 'Standards of Quality: Past Efforts and Future Options' in the Quality Pursuit

THE QUALITY PURSUIT, Robert Michael Greene, ed., ABA Section of Law Practice Management, 1989
Number of pages: 8 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 50 (612,624)

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Professionals, Accountants, Engineers, Physicians, Quality Assurance, Peer Review, Competence, Insurance, Law Practice Management

32.

Visions of the Eternal Law Firm: The Future of Law Firm Screens

South Carolina Law Review, Vol. 45, No. 1, 1994
Number of pages: 25 Posted: 16 Jul 2008 Last Revised: 22 Feb 2009
Susan R. Martyn
University of Toledo - College of Law
Downloads 48 (623,248)

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Screens, Conflict of Interest, Former Clients, Current Clients, Disqualification, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Side-Switching, Informed Consent, Law Firms

33.

Lawyer Advertising: The Unique Relationship between First Amendment and Antitrust Protections

Wayne L. Rev., Vol 23, 1976
Number of pages: 38 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 48 (623,248)

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Lawyer Advertising, First Amendment, Antitrust, State Interests, Sherman Act, State Action Immunity, Commercial Speech

34.

Commentary: The Lawyer in the Religious Traditions - A Lutheran Finds Commonality

Journal of Law & Religion, Vol. 21, 2005
Number of pages: 7 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 47 (628,690)

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Luther, Niebuhr, Virtues

35.

Coming to Terms with Death: The Cruzan Case

Hastings Law Journal, Vol. 42, 1991
Number of pages: 43 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Henry J. Bourguignon and Susan R. Martyn
University of Toledo College of Law and University of Toledo - College of Law
Downloads 46 (634,138)

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Cruzan, State Interests, Competent Patients, Incompetent Patients, Surrogate Decision Makers, Quality of Life, Slippery Slope, Harlan, Family Relationships, Federalism

36.

The Integrated Law School Practicum: Synergizing Theory and Practice

Louisiana Law Review, Vol. 68, p. 715, 2008, University of Toledo Legal Studies Research Paper
Number of pages: 27 Posted: 11 May 2012
Susan R. Martyn and Robert S. Salem
University of Toledo - College of Law and affiliation not provided to SSRN
Downloads 44 (645,626)

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legal education, clinical education, legal ethics, professional responsibility

37.

Implementing a Conflicts Control System

The Practical Lawyer, Vol. 40, 1994
Number of pages: 6 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 43 (651,373)

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Disqualification, Conflict of Interest, Database, Law Firm Lawyers, Current Clients, Former Clients, Conflicts Checking, Research

38.

Physician-Assisted Suicide: The Lethal Flaws of the Ninth and Second Circuit Decisions

Cal. L. Rev., Vol. 85, pp. 371-426, 1997
Number of pages: 57 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 42 (657,128)

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Killing, Letting Die, Fourteenth Amendment, Physician-Assisted Suicide, Terminal Illness, Palliative Care, Netherlands, Quill, Glucksberg

39.

Are We Moving in the Right Dimension? Sadducees, Two Kingdoms, Lawyers, and the Model Rules of Professional Conduct

Valparaiso Law Review, Vol. 34, 1999
Number of pages: 49 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 34 (707,871)

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Two Kingdoms, Luther, Niebuhr, Bonheoffer, Ethics 2000, Confidentiality, Fraud, Self-Defense, Fiduciary Duty, Conflicts of Interest, Writing Requirements, Informed Consent, Screening, Contact with Represented Persons

40.

Developing the Judicial Role in Litigation Conflicts: Response to Green

Fordham Law Review, Vol. 65, 1996
Number of pages: 19 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 25 (773,543)

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Disqualification, Fee Forfeiture, Sanctions, Remedies, Conflict of Interest, Disclosure, Restatement of the Law Governing Lawyers

41.

Charting a New Direction: Why Ohio Should Study the Revised Model Rules of Professional Conduct

Ohio Lawyer, Vol. 14, September/October 2001
Number of pages: 5 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 23 (789,637)

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Ohio, Ethics 2000, Model Rules of Professional Conduct, Code of Professional Responsibility, Writing Requirements, Screens, Confidentiality, Advertising, Lawyer as Witness

42.

Book Review: Rhode's Reforms

Georgetown Journal of Legal Ethics, Vol. 15, p. 143, 2001
Number of pages: 13 Posted: 15 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 19 (823,075)

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Plato, Rhetoric, Partisanship, Moral Values, Confidentiality, Alternative Dispute Resolution, Unbundled Legal Services, Zealous Representation, Role