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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