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Tables of Contents for Problems in Professional Responsiblity for a Changing Profession
Authorities in Text
xix
Table of Casesxxi
Table of Authoritiesxxix
Preface to the Fourth Edition
xliii
The Profession-An Introduction
3
28
Wasserstrom, Lawyers as Professionals: Some Moral Issues4
10
Problem 1-114
1
Problem 1-214
1
Note: The Governing Rules of Professional Responsibility15
3
Professional Ideology and the Implications for Legal Ethics
18
13
Wilkins, Everyday Practice is the Troubling Case19
4
Note: Regulating the Legal Profession23
3
Problem 1-326
5
Representation of Conflicting Interests
31
104
Simultaneous Representation-Opposing a Current Client
33
44
Problem 2-133
1
Problem 2-233
1
Problem 2-334
1
Problem 2-434
1
The General Rule35
4
United States v. Gellene39
8
Simultaneously Representing and Opposing a Client in Litigation47
1
IBM v. Levin48
7
Stratagem Development Corp. v. Heron Int'l, N.V55
6
Simultaneously Representing and Opposing Affiliated Companies61
1
Problem 2-561
3
Joint Representation of an Entity and Its Employees64
1
Problem 2-664
2
In re Merrill Lynch, Pierce, Fenner & Smith, Inc.66
7
Simultaneously Representing and Opposing a Client in Transactional Matters73
1
Problem 2-773
1
Problem 2-873
1
Problem 2-974
3
Successive Representation-Opposing a Former Client
77
22
Problem 2-1077
2
Analytica, Inc. v. NPD Research, Inc.79
6
Maritrans v. Pepper, Hamilton & Scheetz85
9
Problem 2-1194
1
Brennan's, Inc. v. Brennan's Restaurants, Inc.95
4
Vicarious Disqualification
99
36
The General Rule99
1
Problem 2-1299
1
Steel v. General Motors Corporation100
16
Problem 2-13116
2
Former Government Lawyers and Vicarious Disqualification118
1
Problem 2-14118
1
Note: Problems of Government Employees and Vicarious Disqualification119
3
Davis v. Southern Bell Tel. & Tel. Co.122
6
Vicarious Disqualification-More Developments in the Private Context128
1
Analytica, Inc. v. NPD Research, Inc.129
6
The Obligation of Confidentiality
135
84
Purcell v. District Attorney for the Suffolk District137
4
Revealing the Announced Intention to Commit a Crime
141
8
Problem 3-1144
1
Problem 3-2144
1
Problem 3-3144
1
Problem 3-4145
1
Problem 3-5145
1
Problem 3-6145
1
Problem 3-7146
1
Problem 3-8147
1
Problem 3-9148
1
Perjury and Mandatory Disclosure of Client Confidences
149
37
Problem 3-10149
1
Freedman, The Perjury Trilemma150
10
Frankel, The Search for Truth160
9
A Note on the Model Rules169
1
Nix v. Whiteside170
10
ABA Formal Opinion 87-353180
6
Other Aspects of Perjury and Confidentiality
186
4
Preparing Testimony or Inducing a Client to Commit Perjury186
1
Problem 3-11186
1
Freedman, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions187
3
Problem 3-12190
1
Problem 3-13191
1
ABA Formal Opinion 87-353191
1
Problem 3-14192
1
Problem 3-15192
3
Past Acts with Future Harmful Consequences: ``Continuing'' Crime or Fraud
195
9
Problem 3-16195
1
Problem 3-17196
1
Problem 3-18196
1
Problem 3-19196
1
Note: The Model Rules and Past Acts with Future Harmful Consequences197
2
Nelson, Ethical Dilemma: Should Lawyers Turn in Clients?199
4
Problem 3-20203
1
Disclosure of Confidences to Collect a Fee or in Self Defense
204
5
Problem 3-21204
1
Meyerhofer v. Empire Fire & Marine Ins. Co.204
4
Note: Lawyers and the ``Obligation'' to Commit Contempt208
1
Confidences Among Coclients
209
10
Problem 3-22210
1
A. v. B. v. Hill Wallack210
9
The Literature of Confidentiality and the Adversary System
219
60
Pepper, The Lawyer's Amoral Ethical Role219
15
Luban, The Lysistratian Prerogative234
7
Kaufman, A Commentary on Pepper241
4
Goldman, The Moral Foundations of Professional Responsibility245
4
Carr, Is Business Bluffing Legal?249
7
Fischel, Lawyers and Confidentiality256
10
Simon, Should Lawyers Obey the Law?266
7
Wilkins, In Defense of Law and Morality273
6
The Lawyer's Responsibility to Some Special Clients
279
86
The Lawyer for the Corporation
279
34
Problem 5-1279
1
Problem 5-2280
1
Problem 5-3280
2
In re Carter and Johnson282
9
Simon, The Kaye Scholer Affair291
14
Wilkins, Do Clients Have Ethical Obligations to Lawyers?305
8
The Government Lawyer
313
18
Problem 5-4313
1
Problem 5-5314
1
Problem 5-6315
1
In re Lindsey315
16
A Piece of History-Watergate331
1
The Client Under a Disability
331
10
Problem 5-7331
1
Problem 5-8332
2
Mickenberg, The Silent Clients334
2
Stone, The Myth of Advocacy336
5
The Lawyer in a Mediation Setting
341
11
Problem 5-9341
1
Menkel-Meadow, Professional Responsibility for Third-Party Neutrals342
5
Poly Software International, Inc. v Su347
5
Class Actions and Conflicts of Interest for Counsel
352
13
Problem 5-10352
1
Rhode, Class Conflicts in Class Actions352
7
Koniak, Feasting While the Widow Weeps359
6
Some Special Office and Court Issues
365
62
The Prosector's Discretion
365
13
Problem 6-1365
1
Problem 6-2365
1
Problem 6-3366
1
Uviller, The Neutral Prosecutor367
11
Investigation: Possession of Tangible Evidence by a Lawyer
378
6
Problem 6-4378
1
Morrell v. State379
5
Destruction of Evidence
384
4
Problem 6-5384
1
Testimony of Gordon Strachan384
4
Investigation: Talking with a ``Party''
388
11
Rule 4.2 and Civil Cases388
1
Problem 6-6388
1
Problem 6-7388
1
Hurley v. Modern Continental Construction Company, Inc.389
4
Rule 4.2 and Criminal Cases393
1
Problem 6-8393
2
United States ex rel. O'Keefe v. McDonnell Douglas Corporation395
4
Problem 6-9399
1
Keeton, Trial Tactics and Methods399
8
In re Beiny407
2
Negotiations and Plea Bargaining
409
18
Problem 6-10409
1
Problem 6-11409
1
Problem 6-12410
1
Problem 6-13410
1
Rubin, A Causerie on Lawyers' Ethics in Negotiation411
7
White, Ethical Limits on Lying in Negotiation418
6
Problem 6-14424
3
Some Additional Problems of Lawyers' Special Obligations to the Court, the Profession, and Society
427
66
The Obligation to Represent an Unpopular Client
427
17
The Lawyer and his Clients: Correspondence of Messrs. David Dudley and Dudley Field of the New York Bar, with Mr. Samuel Bowles, of the Springfield Republican428
10
Wilkins, Race, Ethics, and the First Amendment438
6
The Obligation to Give ``Nonlegal'' Advice
444
5
Problem 7-1444
1
Problem 7-2445
1
Krash, Professional Responsibility to Clients and the Public Interest: Is There a Conflict?445
4
Lawyers and Their Own Speech and Conduct
449
21
Problem 7-3449
1
Gentile v. State Bar of Nevada450
10
Problem 7-4460
1
Ruggieri v. Johns-Manville Products Corp.461
6
Note: The Integrated Bar and Lawyer Freedom467
3
Paramount Communications v. QVC Network470
6
Whistleblowing on Other Lawyers
476
17
Problem 7-5476
1
Problem 7-6477
1
Problem 7-7477
1
Problem 7-8477
1
Massachusetts Committee on Professional Ethics Opinion 99-2477
4
Bohatch v. Butler & Binion481
12
Some Special Problems of Access to Legal Services
493
52
Problem 8-1493
1
Problem 8-2494
1
Problem 8-3494
1
Problem 8-4494
3
In the Matter of Fordham497
8
Prandini v. National Tea Co.505
6
Note: Conflict Between Lawyer and Client with Respect to Fees511
1
Note: A Watergate Fee Problem512
1
Testimony of Anthony Ulasewicz512
2
Advertising and Solicitation
514
31
Problem 8-5514
1
Problem 8-6515
1
Problem 8-7515
1
Problem 8-8515
1
Note: A Few Generalities515
3
Ohralik v. Ohio State Bar Association518
7
In re Primus525
11
Note: The Aftermath of Bates, Ohralik, and Primus536
9
Access to Legal Services
545
52
Programs for Non-Paying Clients
545
41
Problem 9-1546
1
Legal Aid546
1
The OEO Legal Services Program and the Legal Services Corporation547
1
Cramton, Crisis in Legal Services for the Poor547
10
Kaufman & Singsen, Legal Services in the 1980s557
4
Public Interest Law561
1
Problem 9-2561
1
Problem 9-3561
1
Problem 9-4561
1
Hegland, Beyond Enthusiasm and Commitment562
10
Problem 9-5572
3
Some Specific Problems of Professional Responsibility in the Provision of Legal Services575
1
Problem 9-6575
1
Problem 9-7576
1
Problem 9-8577
1
Castro v. Los Angeles County Board of Supervisors578
6
Problem 9-9584
2
Programs for Paying Clients
586
11
A Survey of the Scene586
4
Heid & Misulovin, The Group Legal Plan Revolution590
7
Who May Practice Law
597
76
Admission to the Bar
597
20
Problem 10-1597
1
Problem 10-2598
1
Problem 10-3598
1
Problem 10-4599
1
Problem 10-5599
1
Problem 10-6599
2
Schware v. Board of Bar Examiners601
1
Konigsberg v. State Bar602
1
Application of Gahan602
6
Matter of Ronwin608
9
The Unauthorized Practice of Law
617
52
Problem 10-7617
1
Florida Bar v. Brumbaugh618
7
Problem 10-8625
1
Problem 10-9626
1
Birbrower v. Superior Court of Santa Clara County626
11
Problem 10-10637
1
ABA Commission on Multidisciplinary Practice, Report to the House of Delegates637
14
Statement of Kathryn A. Oberly651
5
Testimony of Sydney M. Cone, III656
11
Trubek & Farnham, Social Justice Collaboratives667
2
Competence, Malpractice, and Discipline
673
48
Procanik v. Cillo (1985)677
8
Procanik v. Cillo (1988)685
3
Angel, Cohen & Rogovin v. Oberon Investment, N.V688
1
Note: The Disciplinary Rules, Standards of Malpractice, and Rule 11689
5
Problem 11-1694
1
Problem 11-2695
1
Problem 11-3695
1
Problem 11-4695
1
Note: Disciplinary Rules-Problems of Generality696
2
Wajert v. State Ethics Commn.698
5
Spevack v. Klein703
7
Schneyer, Professional Discipline For Law Firms?710
11
Professional Responsibility and the Judicial System
721
30
Problem 12-1721
1
Problem 12-2722
1
Problem 12-3723
1
Problem 12-4723
1
Problem 12-5723
1
Problem 12-6724
4
In re Boston's Children First728
7
Liljeberg v. Health Services Acquisition Corp.735
7
In re Mandeville742
1
In re Gridley743
3
Kaufman, Judicial Ethics: The Less-08en Asked Questions746
2
Note: Public Exposure of Disciplinary Reference by Judges748
3
Demographics, Institutions, and Professional Identity: The American Legal Profession at the Dawn of the Twenty-First Century
751
98
An Overview of the Modern Legal Profession
752
18
Carson, The Lawyer Statistical Report752
1
Clark, Why So Many Lawyers?753
3
Chambliss, Progress of Minorities in the Legal Profession756
1
New York State Bar, Preserving the Core Values of the American Legal Profession757
2
Heinz and Laumann, Chicago Lawyers759
2
Heinz, Laumann, Nelson & Michelson, The Changing Character of Lawyers' Work761
2
Hadfield, The Price of Law763
5
Galanter, The Coming Demographic Transformation of the Legal Profession768
2
The Transformation of Corporate Legal Practice
770
46
Galanter & Palay, Why the Big Get Bigger776
2
Wilkins & Gulati, Reconceiving the Tournament of Lawyers778
9
Wilkins & Gulati, Why Are There So Few Black Lawyers in Corporate Law Firms?787
11
Wilkins, Partners Without Power?798
1
Epstein, et. al., Glass Ceilings and Open Doors799
6
Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession805
4
Kronman, The Lost Lawyer809
7
The Individual Hemisphere
816
14
Seron, The Business of Practicing Law817
3
Daniels & Martin, Tort Reform, Mass Culture, and Plaintiffs' Lawyers820
2
Coffee, Jr., Understanding the Plaintiff's Attorney822
3
Erichson, Informal Aggregation825
5
What Difference Will Difference Make?
830
19
Problem 13-1830
1
Problem 13-2831
1
Problem 13-3831
1
Problem 13-4832
1
Problem 13-5832
1
Problem 13-6833
1
Problem 13-7833
3
Wilkins, Beyond ``Bleached Out'' Professionalism836
3
Menkel-Meadow, Portia Redux839
1
Allegretti, Lawyers, Clients, and Covenant840
3
Clark, The Coming Together of the Common Law and Civil Law843
6
Kaufman, Who Should Make the Rules Governing Professional Conduct in Federal Matters849
6
Smith, Should Lawyers Listen to Philosophers855
6
Wilkins, Professional Ethics for Lawyers and Law Schools861
7
A Note on Legal Education868
3
A Final Note on Codes and Rules871
9
A Final Note on the Future (or Futures) of Legal Practice880
2
A Final Note on the Lawyer's Role882
5
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