Tables of Contents for Problems in Legal Ethics

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PREFACE

iii

TABLE OF CASES

xxi

TABLE OF REFERENCES TO ABA MODEL CODE OF PROFESSIONAL RESPONSIBILITY

xxiii

TABLE OF REFERENCES TO ABA MODEL RULES OF PROFESSIONAL CONDUCT

xxv

CHAPTER 1. INTRODUCTION TO LEGAL ETHICS

I. How to Use this Book

II. Short Form Citations

III. Purposes of this Book

IV. "Ethics" and "Legal Ethics"

A. The Relationship between "Ethics" and "Legal Ethics"

B. Utilitarianism

C. The Golden Rule

D. The Categorical Imperative

CHAPTER TWO. SOURCES AND APPLICATION OF LEGAL ETHICS RULES

I. The Organization of the Bar

A. Admission to Practice in the Courts of a State

1. Residency Requirements

2. Character Requirements

B. Admission to Practice in Other States and the Federal Courts

1. State Bar Associations

2. American Bar Association

3. City, County, and Special Interest Bar Associations

II. Sources of Legal Ethics Rules

A. State Codes of Conduct, Statutes, and Court Rules

B. American Bar Association Model Code of Professional Responsibility

C. American Bar Association Model Rules of Professional Conduct

D. American Bar Association Code of Judicial Conduct

E. Ethics Opinions and Ethics Hot Lines

III. Lawyer Disciplinary Proceedings

A. Conduct Subject to Discipline

B. How Discipline Is Imposed

C. Types of Discipline

D. Discipline by Federal Courts

CHAPTER THREE. BEGINNING AND ENDING THE LAWYER-CLIENT RELATIONSHIP

I. Beginning the Lawyer-Client Relationship

A. Duty to Take Some Kinds of Cases

1. General Rule: Lawyers Are Not Public Utilities

2. Exceptions to the General Rule

3. Pro Bono Publico Service

B. Duty to Reject Some Kinds of Cases

II. Ending the Lawyer-Client Relationship

A. General Rule: Duty to Follow Through

B. Mandatory Withdrawal

1. Fired!

2. Client Not in Good Faith

3. Violation of Law or Disciplinary Rule

4. Lawyer's Mental or Physical Incapacity

C. Permissive Withdrawal

D. "Do I Still Get Paid?"

III. Frivolous Claims

CHAPTER 4. ADVERTISING AND SOLICITATION

I. Historical Summary

II. The Bates Case

III. Historical Summary, Continued

IV. The Went For It Case

CHAPTER 5. ATTORNEY FEES AND FIDUCIARY DUTIES

I. Attorney Fees

A. Setting Fees

1. Excessive Fees

2. Factors in Fee Setting

3. Contingent Fees

B. Lending Money to Clients

C. Fee Forfeiture and Related Issues

D. Splitting Fees With Other Lawyers

II. Fiduciary Duties

A. Commingling

B. Safeguarding Property

C. Notifying Clients, Keeping Records, and Paying Promptly

CHAPTER 6. COMPETENCE, DILIGENCE, AND UNAUTHORIZED PRACTICE

I. Professional Discipline for Lack of Competence or Diligence

A. Taking on Cases You Are Not Competent to Handle

B. Neglecting Cases You Have Taken On

C. Contracting Away Liability for Malpractice

D. Limiting the Scope of the Representation

II. Liability for Malpractice

A. Relationship Between Professional Discipline and Liability for Malpractice

B. What Constitutes Legal Malpractice

C. Avoiding Liability for Malpractice

III. Unauthorized Practice and Other Relations With Non-Lawyers

A. Assisting Unauthorized Practice

B. Splitting Fees With Non-Lawyer

C. Non-Lawyers in Law Firms

CHAPTER 7. CONFIDENTIAL INFORMATION

I. Comparison of the Ethical Duty and the Attorney-Client Privilege

A. Compulsion v. Gossip

B. Sources of Information

C. Revelation v. Use of Information

II. Exceptions to the Ethical Duty

A. Self-Defense

B. Future Crimes

C. Noisy Withdrawal

D. The Restatement Position

CHAPTER 8. CANDOR IN LITIGATION

A. Candor About the Law

B. Candor About the Facts

C. The Trilemma: Trust, Confidentiality, and Candor

D. Falsity in Civil Matters

CHAPTER 9. FAIRNESS IN LITIGATION

I. The Attorney's Duty to be Fair in Litigation

A. Fairness Toward Jurors

1. Before Trial

2. During Trial

3. After Trial

B. Fairness Toward Witnesses

1. Paying Witnesses

2. Preparing Witnesses

3. Witnesses for the Other Side

C. Fairness Toward the Adversary

1. Communication With Adverse Party

2. Harassment

3. Threats

4. Keeping Promises

D. Fairness Toward the Court

1. Ex Parte Contact

2. Civility in the Courtroom

3. Adherence to the Rules

E. Public Comments About Pending Litigation

CHAPTER 10. THE TRIAL LAWYER AS TRUTH-SEEKER

I. The Trial Lawyer as Truth Seeker

A. Courtroom Tactics

B. The Duties of the Criminal Prosecutor

1. The Prosecutor's Primary Goal

2. Decision to Prosecute

3. Duty to Disclose Evidence

C. The Duties of the Criminal Defense Lawyer

1. The Defense Lawyer's Goal

2. Zeal Within the Bounds of the Law

CHAPTER 11. CONFLICTS OF INTEREST--LAWYERS, CLIENTS, AND THIRD PARTIES

I. Respective Authority of Attorney and Client

II. Conflicts Created by Third Party Interference With the Attorney-Client Relationship

A. Compensation From a Third-Party

B. Independent Legal Judgment

C. Who Is the "Client"?

1. Insurer-Insured

2. Corporations and Other Entities

III. Conflicts Between the Lawyer's Interests and the Client's Interests

A. Business Transactions With the Client

B. Adverse Ownership, Possessory, or Security Interest

C. Interest in the Subject of the Litigation

D. Trial Lawyer as Witness

E. Gifts and Favors From a Client

F. Romantic Entanglements

CHAPTER 12. CONFLICTS OF INTEREST--CONFLICT BETWEEN TWO CLIENTS

I. Conflicts Between the Interests of Two Clients

A. Directly Adverse Representation in the Same Matter

B. Opposing Present Client in an Unrelated Matter

C. Multiple Clients in the Same Matter

D. Former Client's Confidential Information

E. Opposing Former Client in a Substantially Related Matter

F. Former Judges and Government Employees

CHAPTER 13. LAWYERS IN LAW FIRMS AND SPECIALIZED PRACTICE AREAS

I. Lawyers as Group Practitioners

A. The Changing World of Law Practice

1. The Rise of Large Scale Law Firms

2. New Forms of Legal Practice

3. Law Firm Breakups--When Partners Leave

4. Law Firms in Combinations With Non-Lawyer Businesses

B. Discipline of Law Firms

II. Lawyer as Employee

A. Respective Duties of Supervising and Subordinate Lawyers

B. Lawyer-Employee Rights Upon Termination

III. Specialized Lawyer Roles

A. Lawyers as Intermediaries

B. Lawyers as Evaluators

C. Lawyers as Arbitrators and Mediators

CHAPTER 14. JUDICIAL CONDUCT

I. Standards of Conduct for Judicial Officers

A. How the Standards Are Enforced

B. Integrity, Independence, and Propriety

C. Litigation Responsibilities

D. Disqualification

E. Administration

F. Outside Activities

1. Related to the Law

2. Not Related to the Law

G. Judges and Politics

Appendix: Answers to Multiple Choice Questions

379

INDEX

403