California Legal Ethics

by Wydick, Richard C.; Perschbacher, Rex R.

• ISBN13: 9780314008374
• ISBN10: 0314008373
• Format: Paperback
• Copyright: 1992-06-01
• Publisher: West Group

Table of Contents

Preface	p. iii
Table of Cases	p. xxiii
Table of References to ABA Model Rules	p. xxvii
Table of References to California Rules of Professional Conduct	p. xxix
Introduction to Legal Ethics
What This Chapter Covers	p. 1
How to Use this Book
Short Form Citations
Purposes of this Book
"Ethics" and "Legal Ethics"
Reading Assignment	p. 1
Discussion Problems	p. 1
How to Use This Book	p. 2
Short Form Citations	p. 3
Purposes of This Book	p. 3
"Ethics" and "Legal Ethics"	p. 4
John Stuart Mill on Utilitarianism	p. 5
James Rachels on Utilitarianism	p. 10
The Golden Rule	p. 17
Immanuel Kant on the Categorical Imperative	p. 20
Onora O'Neil Commentary on Kant's Theory	p. 24
Sources and Application of Legal Ethics Rules
What This Chapter Covers	p. 28
The Organization of the Bar
Sources of Legal Ethics Rules
Lawyer Disciplinary Proceedings
Reading Assignment	p. 28
Supplemental Reading	p. 29
Discussion Problems	p. 29
The Organization of the Bar	p. 30
Admission to Practice in the Courts of a State	p. 31
Kwasnik v. State Bar of California	p. 33
Note on Admission to Practice in California	p. 38
Admission to Practice in Other States and the Federal Courts	p. 38
Lawyer Associations	p. 39
Sources of Guidance on Legal Ethics	p. 42
Discipline	p. 45
In re Mountain	p. 46
Drociak v. State Bar of California	p. 48
Multiple Choice Questions	p. 52
Beginning and Ending the Lawyer-Client Relationship
What This Chapter Covers	p. 56
Beginning the Lawyer-Client Relationship
Ending the Lawyer-Client Relationship
Frivolous Claims
Reading Assignment	p. 56
Supplemental Reading	p. 56
Discussion Problems	p. 57
Beginning the Lawyer-Client Relationship	p. 58
The Attorney's Oath	p. 58
Who Should Pay When the Client Cannot?	p. 59
Bothwell v. Republic Tobacco Co.	p. 61
Outlook for the Future	p. 72
Ruskin v. Rodgers	p. 73
Rosenberg v. Levin	p. 74
Holmes v. Y.J.A. Realty Corp.	p. 78
Kriegsman v. Kriegsman	p. 79
Frivolous Claims	p. 79
Multiple Choice Questions	p. 82
Advertising and Solicitation
What This Chapter Covers	p. 87
Historical Summary
The Bates Case
Historical Summary, Continued
The Went For It Case
Reading Assignment	p. 87
Supplemental Reading	p. 87
Discussion Problems	p. 87
Historical Summary	p. 89
Bates v. State Bar of Arizona	p. 92
Historical Summary, Continued	p. 100
Florida Bar v. Went For It, Inc.	p. 105
Multiple Choice Questions	p. 110
Attorney Fees and Fiduciary Duties
What This Chapter Covers	p. 115
Attorney Fees
Fiduciary Duties
Reading Assignment	p. 115
Supplemental Reading	p. 115
Discussion Problems	p. 115
Robert L. Wheeler, Inc. v. Scott	p. 119
ABA Formal Opinion 93-379	p. 123
The Billable Hours Treadmill	p. 131
Questions and Answers About Contingent Fees	p. 136
Loans to Clients	p. 139
Written Fee Agreements	p. 139
Arbitration of Fee Disputes	p. 139
Client Trust Accounts	p. 139
Multiple Choice Questions	p. 143
Competence, Diligence, and Unauthorized Practice
What This Chapter Covers	p. 148
Professional Discipline for Lack of Competence or Diligence
Liability for Malpractice
Unauthorized Practice and Other Relations With Non-Lawyers
Reading Assignment	p. 148
Supplemental Reading	p. 148
Discussion Problems	p. 149
Legal Malpractice	p. 152
The Ethics of Second-Rate Legal Service	p. 160
Multi-Jurisdictional and Multi-Disciplinary Practice	p. 162
Multiple Choice Questions	p. 166
Confidential Information
What This Chapter Covers	p. 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 Assignment	p. 171
Supplemental Reading	p. 171
Discussion Problems	p. 172
Washington v. Olwell	p. 173
People v. Meredith	p. 177
Exceptions to the Ethical Duty of Confidentiality	p. 185
ABA Formal Opinion 92-366	p. 188
The Peculiar California Position	p. 189
Multiple Choice Questions	p. 191
Candor in Litigation
What This Chapter Covers	p. 195
The Attorney's Duty of Candor in Litigation
Reading Assignment	p. 195
Supplemental Reading	p. 195
Discussion Problems	p. 195
The Trilemma: Trust, Confidentiality, and Candor	p. 197
People v. Johnson	p. 203
ABA Formal Opinion 93-376	p. 212
Multiple Choice Questions	p. 216
Fairness in Litigation
What This Chapter Covers	p. 221
The Attorney's Duty to be Fair in Litigation
Reading Assignment	p. 221
Supplemental Reading	p. 221
Discussion Problems	p. 222
Witness Coaching	p. 224
Lind v. Medevac, Inc.	p. 227
Public Comment About Pending Litigation	p. 230
Matter of Vincenti	p. 233
The Prosecutor's Special Duties	p. 236
The Duties of the Criminal Defense Lawyer	p. 238
Why I Defend Guilty Clients	p. 238
Multiple Choice Questions	p. 241
Bias in (and out of) the Courtroom
What This Chapter Covers	p. 245
Types of Bias Lawyers Face
Settings for Bias
How Can Bias be Remedied?
Reading Assignment	p. 245
Supplemental Reading	p. 245
Discussion Problem	p. 245
Introduction	p. 246
Study of Gender in the Courts: Keeping Bias at Bay	p. 247
What's Gender Got to Do with It? Incivility in the Federal Courts	p. 247
In re Charges of Unprofessional Conduct Contained in Panel File 98-26	p. 248
In re Plaza Hotel Corporation	p. 249
In re Vincenti	p. 250
In re Kirby	p. 252
Still Officers of the Court: Why the First Amendment is No Bar to Challenging Racism, Sexism, and Ethnic Bias in the Legal Profession	p. 254
Multiple Choice Questions	p. 257
Conflicts of Interest-Lawyers, Clients, and Third Parties
What This Chapter Covers	p. 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 Assignment	p. 259
Supplemental Reading	p. 259
Discussion Problems	p. 260
Allocating Decision-Making Between Lawyer and Client	p. 265
Employers Insurance of Wausau v. Albert D. Seeno Construction Co.	p. 267
Geoffrey Hazard, Ethics in the Practice of Law	p. 273
Phillips v. Carson	p. 275
AAA Plumbing Pottery Corp. v. St. Paul Ins. Co. of Illinois	p. 279
Multiple Choice Questions	p. 284
Conflicts of Interest-Conflicts Between Two Clients
What This Chapter Covers	p. 290
Conflicts Between the Interests of Two Clients
Reading Assignment	p. 290
Supplemental Reading	p. 290
Discussion Problems	p. 290
State Farm Mutual Automotive Ins. Co. v. K.A.W.	p. 292
Rosenfeld Const. Co., Inc. v. Superior Court	p. 297
Cho v. Superior Court	p. 304
Joint Representation	p. 308
Imputed Disqualification and Screening	p. 310
Multiple Choice Questions	p. 312
Lawyers in Law Firms and Specialized Practice Areas
What This Chapter Covers	p. 317
Lawyers as Group Practitioners
Lawyer as Employee
Specialized Lawyer Roles
Reading Assignment	p. 317
Supplemental Reading	p. 317
Discussion Problems	p. 318
American Lawyers in the Year 2000: An Introduction	p. 319
New Forms of Legal Practice	p. 321
Law Firm Breakups	p. 321
Law Firm Discipline	p. 323
General Dynamics Corp. v. Superior Court	p. 324
Lawyer as Problem Solver	p. 337
Multiple Choice Questions	p. 342
Judicial Conduct
What This Chapter Covers	p. 344
Standards of Conduct for Judicial Officers
Reading Assignment	p. 344
Supplemental Reading	p. 344
Discussion Problems	p. 344
Judicial Standards and Discipline	p. 347
McCullough v. Comm'n on Judicial Performance	p. 348
Perpich v. Cleveland Cliffs Iron Co.	p. 353
Judges, Politics, and Free Speech	p. 360
Multiple Choice Questions	p. 364
Answers to Multiple Choice Questions	p. 368
Chapter Two
Chapter Three
Chapter Four
Chapter Five
Chapter Six
Chapter Seven
Chapter Eight
Chapter Nine
Chapter Ten
Chapter Eleven
Chapter Twelve
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