9780314144249

California Legal Ethics

by
  • ISBN13:

    9780314144249

  • ISBN10:

    0314144242

  • Edition: 4th
  • Format: Paperback
  • Copyright: 2003-03-01
  • Publisher: West Academic

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Table of Contents

Prefacep. iii
Table of Casesp. xxiii
Table of References to ABA Model Rulesp. xxvii
Table of References to California Rules of Professional Conductp. xxix
Introduction to Legal Ethics
What This Chapter Coversp. 1
How to Use this Book
Short Form Citations
Purposes of this Book
"Ethics" and "Legal Ethics"
Reading Assignmentp. 1
Discussion Problemsp. 1
How to Use This Bookp. 2
Short Form Citationsp. 3
Purposes of This Bookp. 3
"Ethics" and "Legal Ethics"p. 4
John Stuart Mill on Utilitarianismp. 5
James Rachels on Utilitarianismp. 10
The Golden Rulep. 17
Immanuel Kant on the Categorical Imperativep. 20
Onora O'Neil Commentary on Kant's Theoryp. 24
Sources and Application of Legal Ethics Rules
What This Chapter Coversp. 28
The Organization of the Bar
Sources of Legal Ethics Rules
Lawyer Disciplinary Proceedings
Reading Assignmentp. 28
Supplemental Readingp. 29
Discussion Problemsp. 29
The Organization of the Barp. 30
Admission to Practice in the Courts of a Statep. 31
Kwasnik v. State Bar of Californiap. 33
Note on Admission to Practice in Californiap. 38
Admission to Practice in Other States and the Federal Courtsp. 38
Lawyer Associationsp. 39
Sources of Guidance on Legal Ethicsp. 42
Disciplinep. 45
In re Mountainp. 46
Drociak v. State Bar of Californiap. 48
Multiple Choice Questionsp. 52
Beginning and Ending the Lawyer-Client Relationship
What This Chapter Coversp. 56
Beginning the Lawyer-Client Relationship
Ending the Lawyer-Client Relationship
Frivolous Claims
Reading Assignmentp. 56
Supplemental Readingp. 56
Discussion Problemsp. 57
Beginning the Lawyer-Client Relationshipp. 58
The Attorney's Oathp. 58
Who Should Pay When the Client Cannot?p. 59
Bothwell v. Republic Tobacco Co.p. 61
Outlook for the Futurep. 72
Ruskin v. Rodgersp. 73
Rosenberg v. Levinp. 74
Holmes v. Y.J.A. Realty Corp.p. 78
Kriegsman v. Kriegsmanp. 79
Frivolous Claimsp. 79
Multiple Choice Questionsp. 82
Advertising and Solicitation
What This Chapter Coversp. 87
Historical Summary
The Bates Case
Historical Summary, Continued
The Went For It Case
Reading Assignmentp. 87
Supplemental Readingp. 87
Discussion Problemsp. 87
Historical Summaryp. 89
Bates v. State Bar of Arizonap. 92
Historical Summary, Continuedp. 100
Florida Bar v. Went For It, Inc.p. 105
Multiple Choice Questionsp. 110
Attorney Fees and Fiduciary Duties
What This Chapter Coversp. 115
Attorney Fees
Fiduciary Duties
Reading Assignmentp. 115
Supplemental Readingp. 115
Discussion Problemsp. 115
Robert L. Wheeler, Inc. v. Scottp. 119
ABA Formal Opinion 93-379p. 123
The Billable Hours Treadmillp. 131
Questions and Answers About Contingent Feesp. 136
Loans to Clientsp. 139
Written Fee Agreementsp. 139
Arbitration of Fee Disputesp. 139
Client Trust Accountsp. 139
Multiple Choice Questionsp. 143
Competence, Diligence, and Unauthorized Practice
What This Chapter Coversp. 148
Professional Discipline for Lack of Competence or Diligence
Liability for Malpractice
Unauthorized Practice and Other Relations With Non-Lawyers
Reading Assignmentp. 148
Supplemental Readingp. 148
Discussion Problemsp. 149
Legal Malpracticep. 152
The Ethics of Second-Rate Legal Servicep. 160
Multi-Jurisdictional and Multi-Disciplinary Practicep. 162
Multiple Choice Questionsp. 166
Confidential Information
What This Chapter Coversp. 171
Comparison of the Ethical Duty and the Attorney-Client Privilege
Exceptions to the Ethical Duty
California's Peculiar Position on Exceptions to Confidentiality
Reading Assignmentp. 171
Supplemental Readingp. 171
Discussion Problemsp. 172
Washington v. Olwellp. 173
People v. Meredithp. 177
Exceptions to the Ethical Duty of Confidentialityp. 185
ABA Formal Opinion 92-366p. 188
The Peculiar California Positionp. 189
Multiple Choice Questionsp. 191
Candor in Litigation
What This Chapter Coversp. 195
The Attorney's Duty of Candor in Litigation
Reading Assignmentp. 195
Supplemental Readingp. 195
Discussion Problemsp. 195
The Trilemma: Trust, Confidentiality, and Candorp. 197
People v. Johnsonp. 203
ABA Formal Opinion 93-376p. 212
Multiple Choice Questionsp. 216
Fairness in Litigation
What This Chapter Coversp. 221
The Attorney's Duty to be Fair in Litigation
Reading Assignmentp. 221
Supplemental Readingp. 221
Discussion Problemsp. 222
Witness Coachingp. 224
Lind v. Medevac, Inc.p. 227
Public Comment About Pending Litigationp. 230
Matter of Vincentip. 233
The Prosecutor's Special Dutiesp. 236
The Duties of the Criminal Defense Lawyerp. 238
Why I Defend Guilty Clientsp. 238
Multiple Choice Questionsp. 241
Bias in (and out of) the Courtroom
What This Chapter Coversp. 245
Types of Bias Lawyers Face
Settings for Bias
How Can Bias be Remedied?
Reading Assignmentp. 245
Supplemental Readingp. 245
Discussion Problemp. 245
Introductionp. 246
Study of Gender in the Courts: Keeping Bias at Bayp. 247
What's Gender Got to Do with It? Incivility in the Federal Courtsp. 247
In re Charges of Unprofessional Conduct Contained in Panel File 98-26p. 248
In re Plaza Hotel Corporationp. 249
In re Vincentip. 250
In re Kirbyp. 252
Still Officers of the Court: Why the First Amendment is No Bar to Challenging Racism, Sexism, and Ethnic Bias in the Legal Professionp. 254
Multiple Choice Questionsp. 257
Conflicts of Interest-Lawyers, Clients, and Third Parties
What This Chapter Coversp. 259
Respective Authority of Attorney and Client
Conflicts Created by Third Party Interference With the Attorney-Client Relationship
Conflicts Between the Lawyer's Interests and the Client's Interests
Reading Assignmentp. 259
Supplemental Readingp. 259
Discussion Problemsp. 260
Allocating Decision-Making Between Lawyer and Clientp. 265
Employers Insurance of Wausau v. Albert D. Seeno Construction Co.p. 267
Geoffrey Hazard, Ethics in the Practice of Lawp. 273
Phillips v. Carsonp. 275
AAA Plumbing Pottery Corp. v. St. Paul Ins. Co. of Illinoisp. 279
Multiple Choice Questionsp. 284
Conflicts of Interest-Conflicts Between Two Clients
What This Chapter Coversp. 290
Conflicts Between the Interests of Two Clients
Reading Assignmentp. 290
Supplemental Readingp. 290
Discussion Problemsp. 290
State Farm Mutual Automotive Ins. Co. v. K.A.W.p. 292
Rosenfeld Const. Co., Inc. v. Superior Courtp. 297
Cho v. Superior Courtp. 304
Joint Representationp. 308
Imputed Disqualification and Screeningp. 310
Multiple Choice Questionsp. 312
Lawyers in Law Firms and Specialized Practice Areas
What This Chapter Coversp. 317
Lawyers as Group Practitioners
Lawyer as Employee
Specialized Lawyer Roles
Reading Assignmentp. 317
Supplemental Readingp. 317
Discussion Problemsp. 318
American Lawyers in the Year 2000: An Introductionp. 319
New Forms of Legal Practicep. 321
Law Firm Breakupsp. 321
Law Firm Disciplinep. 323
General Dynamics Corp. v. Superior Courtp. 324
Lawyer as Problem Solverp. 337
Multiple Choice Questionsp. 342
Judicial Conduct
What This Chapter Coversp. 344
Standards of Conduct for Judicial Officers
Reading Assignmentp. 344
Supplemental Readingp. 344
Discussion Problemsp. 344
Judicial Standards and Disciplinep. 347
McCullough v. Comm'n on Judicial Performancep. 348
Perpich v. Cleveland Cliffs Iron Co.p. 353
Judges, Politics, and Free Speechp. 360
Multiple Choice Questionsp. 364
Answers to Multiple Choice Questionsp. 368
Chapter Two
Chapter Three
Chapter Four
Chapter Five
Chapter Six
Chapter Seven
Chapter Eight
Chapter Nine
Chapter Ten
Chapter Eleven
Chapter Twelve
Table of Contents provided by Ingram. All Rights Reserved.

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