Black Letter on Professional Responsibility

by Rotunda, Ronald D.

• ISBN13: 9780314256584
• ISBN10: 031425658X
• Edition: 5th
• Format: Paperback
• Copyright: 2001-07-01
• Publisher: West Information Pub Group

Summary

Disciplinary Conduct: Appearance of Impropriety, Jurisdiction; Admission to the Bar; Reporting Violations of Discipline Rules; Duty of Confidentiality; Conflicts of Interest; Duty of Competence; Fees; Accepting, Declining and Terminating Representation; Trust Funds; Supervisory Responsibility of Lawyers over Non-Lawyer Employees and Other Lawyers in the Firm; Sharing Fees with Non-Lawyers; Unauthorized Practice of Law; Agreements to Restrict the Practice of Law; Advertising; Solicitation; Public Officials Who Are Lawyers; Revolving Door Between Public and Private Legal Practice; Special Responsibilities of the Public Prosecutor; Responsibilities of the Lawyer to the Tribunal; Trial Publicity; Ex Parte Communications; Candor to Opposing Counsel and the Court; Mediation Among Multiple Clients; Lawyer as Evaluator; Pro Bono Obligations; Law Reform Activities Affecting Private Clients; Judicial Ethics; Judge's Behavior: Personal Behavior, Reporting Lawyers, Disqualification, Extra-Judicial Activities, Political Activities.

Table of Contents

Capsule Summary	1	(8)
Perspective	9	(7)
Defining Disciplinable Conduct
The Distinction Between Disciplinable and Aspirational Conduct	16	(1)
Ethical Considerations	16	(1)
Disciplinary Rules	16	(1)
The Model Rules	16	(1)
The ``Appearance of Impropriety''	17	(1)
Defining Disciplinable Conduct	18	(3)
Acts Not Done in a Legal Capacity	18	(1)
Categories of Disciplinable Conduct	18	(3)
Jurisdiction	21	(3)
Acts Done Outside of the Jurisdiction	21	(2)
Statutes of Limitations	23	(1)
Review Questions	24	(5)
The Lawyer'S Obligation to Support Bar Admissions and the Disciplinary System
Application to the Bar	29	(3)
Applicability to Applicants and Lawyers	29	(1)
The Requirements of No Material Falsity, Correction of Misapprehensions, and Response to Requested Information	29	(2)
Furthering the Application of Candidates for the Bar and Whistle-Blowing	31	(1)
The Lawyer's Role Regarding Reporting Disciplinable Violations of Lawyers	32	(4)
The General Rule	32	(2)
The Applicability of the Rule to the Lawyer's Own Conduct	34	(1)
Applicability of Privilege	35	(1)
The Lawyer's Role Regarding Judges and Candidates for the Judiciary	36	(2)
Criticizing and Defending Judges and Judicial Candidates	36	(2)
Candidates for Judicial Office	38	(1)
Review Questions	38	(6)
The Lawyer's Obligation to the Client
The Duty of Confidentiality	44	(13)
The General Rule	44	(4)
Specific Prohibitions on Using or Revealing Confidential or Secret Information	48	(2)
Exceptions	50	(7)
Conflicts of Interest	57	(39)
The Basic Rationale	57	(1)
Simultaneous Representation	58	(21)
Successive Representation	79	(2)
The Attorney's Personal and Financial Interests	81	(6)
The Advocate as Witness	87	(2)
Vicarious Disqualification	89	(6)
Sanctions	95	(1)
The Duty of Competence and the Scope of Representation	96	(8)
Client Control	96	(3)
Competence	99	(3)
Crimes or Frauds	102	(1)
The Incompetent Client	103	(1)
Fees	104	(8)
Basic Principles	104	(4)
Contingent Fees	108	(3)
Fee Referrals	111	(1)
Accepting, Declining, and Terminating Representation	112	(3)
Accepting and Declining Representation	112	(1)
Terminating Representation	112	(3)
Trust Fund Accounts	115	(3)
Establishing Trust Fund Accounts	115	(3)
Client Security Funds	118	(1)
Review Questions	118	(8)
The Lawyer's Obligation as a Member of a Firm
Introduction	126	(1)
Supervisory Responsibility Over Other Lawyers or Nonlawyer Employees	126	(1)
Lawyers	126	(1)
Nonlawyer Employees	127	(1)
Responsibility of a Lawyer Subject to Supervision by Another Lawyer	127	(1)
Sharing Fees and Responsibility with Laypeople	128	(3)
Sharing Fees	128	(1)
Sharing Responsibility	129	(1)
Law-Related Services	130	(1)
Unauthorized Practice of Law	131	(2)
Agreements to Restrict the Right to Practice Law	133	(4)
Restrictive Covenants	133	(2)
Sale of Law Practice	135	(2)
Review Questions	137	(6)
The Lawyer's Obligations Regarding Advertising and Solicitation
Lawyer Advertising and Solicitation	143	(8)
Introduction	143	(2)
Use of the Media	145	(3)
Firm Names, Letterheads, and Other Personal Publicity	148	(3)
Solicitation	151	(4)
Introduction	151	(1)
Direct Contact With Client	151	(2)
Obtaining Recommendations or Client Referrals	153	(1)
Departing Lawyers Soliciting Clients of Their Former Law Firm	153	(1)
Legal Services Organizations	154	(1)
Political Contributions to Obtain Government Legal Work or Legal Engagements or Appointments by Judges.	155	(1)
Review Questions	156	(7)
The Lawyer's Obligation not to Misuse the Office of Government
The Public Official Who Is Also a Lawyer	163	(2)
Firm Names	163	(1)
Using a Public Position to Obtain Special Advantage	163	(1)
Attempts to Influence a Tribunal	164	(1)
Implying the Power to Influence Improperly	164	(1)
The Revolving Door	165	(4)
The Former Government Lawyer	165	(3)
The Private Lawyer Moving Into Government Practice	168	(1)
The Former Judge	169	(1)
Special Responsibilities of A Public Prosecutor	169	(3)
Criminal Cases	170	(1)
Civil Cases	171	(1)
Review Questions	172	(5)
The Lawyer's Obligation as an Advocate
Frivolous and Dilatory Positions	177	(2)
Responsibilities Toward the Tribunal	179	(9)
Candor	179	(6)
Trial Publicity	185	(2)
Decorum and Ex Parte Communications	187	(1)
Responsibilities Toward Opposing Counsel and Other Persons	188	(7)
Candor	188	(2)
Communications	190	(4)
Harassing Techniques	194	(1)
Review Questions	195	(5)
The Lawyer's Obligations as Adviser
Adviser Versus Advocate	200	(1)
Mediation Among Multiple Clients	200	(1)
The Lawyer as Evaluator	201	(2)
Review Questions	203	(4)
The Lawyer's Obligations Regarding Pro Bono Activities
Engaging in Pro Bono Activities	207	(2)
Definitions	207	(1)
Encouraged but Not Required	208	(1)
Fees	209	(1)
Indigents Versus the Middle Class	209	(1)
Price Discrimination	209	(1)
Sharing Court-Awarded Fees With Pro Bono Organizations	209	(1)
The Decision to Accept A Pro Bono Case	210	(2)
Proper and Improper Reasons to Reject Pro Bono Employment	210	(1)
Appointed Cases	211	(1)
Mandatory Pro Bono Service	212	(3)
Proposals	212	(1)
Rationale	213	(1)
Mandatory Pro Bono and Alternative Service	214	(1)
Law Reform Activities Affecting Private Clients	215	(3)
The Lawyer's Personal Views	215	(1)
Membership on a Legal Service Board	216	(2)
Review Questions	218	(7)
The Lawyer's Obligations as a Judge
An Introductory Note	225	(2)
A Short History	225	(1)
Some General Comparisons Between the 1990 Judicial Code and the 1972 Judicial Code	225	(1)
Terminology	225	(1)
The Structure of the 1990 Judicial Code	226	(1)
Interpreting the 1990 Judicial Code	226	(1)
Personal Behavior	227	(10)
Canon One	227	(1)
Canon Two	228	(9)
Conduct in the Courtroom	237	(19)
Defining ``Judicial Duties''	237	(1)
Adjudicative Responsibilities	238	(15)
Administrative Responsibilities	253	(2)
Duty to Report Unethical Conduct of Others	255	(1)
Judicial Disqualification	256	(27)
An Introductory Note	256	(1)
Disqualification Where Impartiality Might Reasonably Be Questioned	257	(6)
Disqualification for Personal Bias or Prejudice	263	(5)
Disqualification When the Judge Is a Former Lawyer or Material Witness	268	(2)
Disqualification for Financial Interests or Interests That Could Be Substantially Affected by the Outcome of the Proceeding	270	(8)
Disqualification Based on Family Relationships	278	(3)
Remittal of Judicial Disqualification	281	(2)
Extra Judicial Activities	283	(11)
An Introductory Note	283	(1)
Speaking, Writing, and Teaching	284	(1)
Governmental, Civic or Charitable Activities	285	(2)
Financial Activities	287	(4)
Fiduciary Activities	291	(1)
Arbitration and the Practice of Law	292	(1)
Compensation, Reimbursements, and Reporting	293	(1)
Political Activities	294	(4)
Introduction	294	(1)
General Political Conduct	295	(1)
Campaign Conduct	296	(2)
Application of the Judicial Code: Defining Who Is A Judge	298	(2)
Introduction	298	(1)
Retired Judge	299	(1)
Continuing Part--time Judge	299	(1)
Periodic Part--Time Judge	299	(1)
Pro Tempore Part--Time Judge	300	(1)
Review Questions	300	(5)
APPENDICES
A. Answers to Review Questions	305	(6)
B. A Sample Examination	311	(4)
C. American Bar Association	315	(94)
D. ABA Model Code of Judicial Conduct (1990)	409	(28)
E. MPRE Sample Questions	437	(18)
F. Text Correlation Chart	455	(10)
G. Glossary	465	(8)
H. Table of Cases	473	(4)
I. Index	477