| Dedication |
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iii | |
| Preface |
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v | |
| Features of this Casebook |
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vii | |
| Acknowledgments |
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ix | |
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xv | |
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xxi | |
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Chapter One Introducing Professionalism and Legal Ethics |
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1 | (24) |
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A This Professional Responsibility Course is About You |
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2 | (2) |
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B Professional Responsibility is About the Legal Profession |
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4 | (9) |
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C Can Professional Responsibility Be Taught? |
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13 | (9) |
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D The Legal Dimension of Professional Responsibility |
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22 | (1) |
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23 | (2) |
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Chapter Two The Basic Elements of Law Practice |
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25 | (148) |
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25 | (1) |
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II Defining the Practice of Law |
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26 | (30) |
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26 | (2) |
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B Limits on Nonlawyers Providing Low Cost Legal Assistance |
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28 | (5) |
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1 Debate Regarding the Rationale for Unauthorized Practice Restrictions |
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33 | (1) |
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34 | (2) |
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36 | (1) |
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C Lawyers Working With Nonlawyers and Lawyers Providing Ancillary Nonlegal Services |
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37 | (1) |
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1 Working with Nonlawyers |
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38 | (4) |
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42 | (2) |
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D Unauthorized Practice by Lawyers |
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44 | (12) |
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III Creating the Lawyer-Client Relationship |
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56 | (21) |
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IV Ending the Lawyer-Client Relationship |
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77 | (9) |
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86 | (47) |
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86 | (10) |
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96 | (18) |
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C Ineffective Assistance of Counsel |
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114 | (8) |
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D Debating Whether the Torture Memos Represent Competent Legal Work |
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122 | (11) |
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VI Allocating Decision-Making Between Lawyer and Client |
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133 | (40) |
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Chapter Three Finding and Billing Clients |
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173 | (124) |
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173 | (1) |
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173 | (59) |
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A An Overview of Marketing Legal Services |
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174 | (7) |
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181 | (17) |
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198 | (34) |
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232 | (65) |
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A The Hourly Billing Controversy |
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244 | (5) |
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B The Controversy Regarding Contingent Fees |
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249 | (30) |
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C Court-Awarded Attorney's Fees |
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279 | (18) |
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Chapter Four The Lawyer's Duty of Confidentiality |
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297 | (90) |
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297 | (1) |
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II The Relationship Between the Duty of Confidentiality and the Attorney-Client Privilege |
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297 | (1) |
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III Basics of the Attorney-Client Privilege |
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298 | (54) |
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A Rationale for the Attorney-Client Privilege |
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299 | (1) |
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B Criteria for Attorney-Client Privilege |
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300 | (3) |
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1 Client Must Be Seeking Legal Advice |
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303 | (6) |
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2 The Communication Requirement |
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309 | (2) |
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3 Communication Between Client and Lawyer |
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311 | (19) |
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4 Expectation of Confidentiality |
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330 | (3) |
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C Waiver of Attorney-Client Privilege |
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333 | (1) |
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333 | (1) |
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2 Authority to Wave the Privilege |
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333 | (1) |
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334 | (2) |
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336 | (7) |
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5 Duties of the Party Receiving Privileged Information |
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343 | (6) |
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D The Crime-Fraud Exception to the Attorney-Client Privilege |
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349 | (3) |
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IV The Basics of the Duty of Confidentiality Under Rule 1.6 |
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352 | (21) |
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A Triggering the Duty of Confidentiality |
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352 | (2) |
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B Scope of Information Within the Duty of Confidentiality |
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354 | (1) |
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1 Information Known to the Public |
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354 | (2) |
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2 Information Unrelated to the Representation |
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356 | (1) |
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3 Information on Matters of Public Interest |
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357 | (3) |
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C Exceptions to the Duty of Confidentiality |
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360 | (1) |
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1 To Prevent Death or Serious Bodily Harm |
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361 | (2) |
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2 To Protect Victims When the Client has Misused the Lawyer's Services |
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363 | (9) |
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372 | (1) |
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V Corporate Counsel and the Duty of Confidentiality Under Sarbanes-Oxley |
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373 | (14) |
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Chapter Five Conflicts of Interest |
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387 | (124) |
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387 | (1) |
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II Simultaneous Representations of Multiple Clients |
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388 | (49) |
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A Is There A Current Attorney-Client Relationship? |
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388 | (11) |
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B Simultaneous Representation Standards |
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399 | (1) |
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1 "Directly Adverse" Under Rule 1.7(A)(1) |
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400 | (5) |
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2 "Materially Limited" Under Rule 1.7(A)(2) |
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405 | (1) |
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3 "Reasonably Believes" and "Competent and Diligent Representation" Under Rule 1.7(B)(1) |
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405 | (10) |
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4 "Not Prohibited by Law" Under Rule 1.7(B)(2) |
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415 | (1) |
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5 "Assertion of a Claim by One Client Against Another" Under Rule 1.7(B)(3) |
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415 | (1) |
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6 "Informed Consent, Confirmed in Writing" Under Rule 1.7(B)(4) |
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416 | (3) |
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7 Waiving Future Conflicts Under Rule 1.7(B) |
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419 | (1) |
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8 Protecting Against Conflicts Resulting from Multiple Representation |
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420 | (4) |
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C Applications of Rule 1.7 |
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424 | (1) |
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424 | (4) |
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428 | (8) |
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436 | (1) |
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III Conflicts Between Client's Interests and Personal or Financial Interests of the Lawyer |
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437 | (14) |
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A Business Transactions Between Lawyer and Client |
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437 | (3) |
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440 | (3) |
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C Client-Lawyer Sexual Relationships |
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443 | (8) |
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IV Lawyer Advocate as Witness |
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451 | (3) |
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V Representation Adverse to a Former Client |
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454 | (14) |
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454 | (7) |
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B Former and Current Government Lawyers |
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461 | (7) |
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VI Third Party Neutrals and the Mediation Alternative---Model Rules 2.4 and 1.12 |
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468 | (3) |
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VII Vicarious Disqualification Under Rule 1.10: Disqualification of an Entire Firm Because of a Tainted Lawyer |
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471 | (15) |
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VIII Conflicts of Interest in Criminal Cases |
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486 | (25) |
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A The Right to Conflict-Free Representation |
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487 | (2) |
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1 The Duty of Court Inquiry |
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489 | (2) |
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2 Active Conflict Impairing the Representation |
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491 | (3) |
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3 Conflict With the Attorney's Personal Interests |
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494 | (1) |
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B Waiver of the Right to Conflict-Free Counsel |
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495 | (6) |
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C Conflicted Representation and the Right to Counsel of Choice |
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501 | (10) |
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Chapter Six The Lawyer's Duties to the Legal System, the Profession, and Nonclients |
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511 | (118) |
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I Duties to the Court and Other Tribunals |
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513 | (60) |
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513 | (3) |
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B False Testimony and Evidence |
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516 | (12) |
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528 | (1) |
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529 | (2) |
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E Improper Communications With Judges and Jurors |
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531 | (2) |
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F Non-Adjudicative Proceeding |
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533 | (1) |
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G State or Imply Improper Influence |
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534 | (1) |
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534 | (17) |
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551 | (22) |
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II Duties to Third Parties and to the Law |
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573 | (43) |
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573 | (3) |
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576 | (2) |
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578 | (22) |
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D National Security and Obedience to Law |
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600 | (16) |
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III Duties to Lawyers and to the Bar |
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616 | (13) |
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616 | (2) |
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B Inadvertent Disclosures |
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618 | (1) |
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C Restrictions on Practice |
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619 | (1) |
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D Reporting Lawyer and Judge Misconduct |
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620 | (9) |
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Chapter Seven Special Ethical Rules: Prosecutors and Judges |
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629 | (138) |
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629 | (87) |
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634 | (5) |
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1 Refusing to Prosecute a Certain Type of Crime |
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639 | (1) |
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2 Suspected of Serious Crime, Charged with a Less Serious Crime |
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640 | (1) |
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B Factors Bearing on Prosecutor's Discretion to Charge |
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641 | (2) |
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643 | (5) |
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648 | (2) |
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2 Unprosecuted Similar Conduct |
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650 | (1) |
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3 Example of a Case in Which Discovery was Ordered on a Selective Prosecution Claim |
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650 | (3) |
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653 | (2) |
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655 | (2) |
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1 Prosecutor's Conduct After the Dependant Invokes a Trial Right: United States v. Goodwin |
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657 | (1) |
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2 Applications of Goodwin |
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658 | (1) |
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3 Vindictiveness in Bringing Related Charges After an Acquittal |
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659 | (1) |
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E Respecting the Right to Counsel |
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660 | (6) |
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666 | (5) |
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671 | (1) |
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672 | (1) |
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673 | (1) |
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1 Constitutional Obligation |
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673 | (7) |
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2 Refining the Test of Materiality: United States v. Bagley |
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680 | (1) |
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3 Comments on Brady-Agurs-Bagley |
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681 | (1) |
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H Applying the Brady Rule |
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682 | (1) |
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1 Fact-Intensive Application: Kytes v. Whitley |
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682 | (5) |
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2 Brady and Guilty Pleas: United States v. Rule |
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687 | (1) |
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I Rule-Based Requirements |
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688 | (4) |
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692 | (1) |
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692 | (1) |
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693 | (5) |
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3 Inconsistent Prosecutions |
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698 | (10) |
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708 | (7) |
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L Post-Conviction Evidence of Innocence |
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715 | (1) |
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II Ethical Standards for Judges |
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716 | (51) |
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716 | (3) |
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B Performing the Duties of the Judicial Office |
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719 | (3) |
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C Judicial Disqualification |
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722 | (23) |
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D Judges' Extrajudicial Activities |
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745 | (3) |
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E Seeking Judicial Election |
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748 | (16) |
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F Moving From Judging (or Arbitrating) to Private Practice |
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764 | (3) |
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Chapter Eight What is the Proper Role of a Lawyer |
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767 | (136) |
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767 | (1) |
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II The Role Morality of the Neutral Partisan |
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767 | (136) |
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767 | (18) |
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B The Neutral Partisan in Historical and Philosophical Context |
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785 | (17) |
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C Competing Visions of Professional Morality |
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802 | (1) |
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803 | (11) |
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814 | (10) |
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824 | (42) |
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866 | (17) |
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883 | (20) |
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Chapter Nine Why Do Lawyers Have Special Privileges and Responsibilities |
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903 | |
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I The Professional Privilege |
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904 | (94) |
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A Review of Professionalism & Unauthorized Practice |
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904 | (1) |
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B Do the Standards for Bar Admission and Discipline Guarantee that Lawyers Meet the Standards Necessary to Justify Unauthorized Practice of Law Prohibitions? |
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904 | (1) |
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1 Can Consumers Rely on Lawyers to be Competent? |
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904 | (37) |
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2 Can Consumers Rely on Lawyers to be Ethical? |
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941 | (17) |
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3 Can Consumers Trust that Practicing Lawyers are Well-Regulated for Competence and Ethics? |
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958 | (8) |
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C Who Should be Permitted to Provide Legal Services? |
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966 | (1) |
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966 | (11) |
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2 Multidisciplinary Practice |
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977 | (21) |
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II Special Responsibilities |
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998 | |
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998 | (19) |
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B Should the Rules Mandate Equal Opportunity? |
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1017 | (15) |
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C What Does it Mean to be a Lawyer? |
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1032 | |
