California Legal Ethics

by Wydick, Richard C.; Perschbacher, Rex R.; Schwartz, Mortimer D.

• ISBN13: 9780314246943
• ISBN10: 0314246940
• Format: Paperback
• Copyright: 2001-03-01
• Publisher: West Group

Table of Contents

Preface	iii
Table of Cases	xxi
Table of References to ABA Model Rules	xxv
Table of References to California Rules of Professional Conduct	xxvii
Introduction to Legal Ethics
How to Use This Book
Short Form Citations
Purposes of This Book
``Ethics'' and ``Legal Ethics''
The Relationship Between ``Ethics'' and ``Legal Ethics''
Utilitarianism
The Golden Rule
The Categorical Imperative
Sources and Application of Legal Ethics Rules
The Organization of the Bar
Admission to Practice in the Courts of a State
Residency Requirements
Character Requirements
Admission to Practice in California
Admission to Practice in Courts of Other States
Admission to Practice in the Federal Courts
Membership in Bar Associations
State Bar Associations
American Bar Association
City, County, and Special Interest Bar Associations
Sources of Legal Ethics Rules
State Codes of Conduct, Statutes, and Court Rules
American Bar Association Model Code of Professional Responsibility
American Bar Association Model Rules of Professional Conduct
American Bar Association Code of Judicial Conduct
Ethics Opinions and Ethics Hot Lines
Lawyer Disciplinary Proceedings
Conduct Subject to Discipline
How Discipline Is Imposed
Types of Discipline
Discipline by Federal Courts
Beginning and Ending the Lawyer-Client Relationship
Beginning the Lawyer-Client Relationship
Duty to Take Some Kinds of Cases
General Rule: Lawyers Are Not Public Utilities
Exceptions to the General Rule
Pro Bono Publico Service
Duty to Reject Some Kinds of Cases
Ending the Lawyer-Client Relationship
General Rule: Duty to Follow Through
Mandatory Withdrawal
Fired!
Client Not in Good Faith
Violation of Law or Disciplinary Rule
Lawyer's Mental or Physical Incapacity
Permissive Withdrawal
``Do I Still Get Paid?''
Frivolous Claims
Advertising and Solicitation
Historical Summary
The Bates Case
Historical Summary, Continued
The Went For It Case
Attorney Fees and Fiduciary Duties
Attorney Fees
Setting Fees
Excessive Fees
Factors in Fee Setting
Contingent Fees
Lending Money to Clients
Fee Forfeiture and Related Issues
Splitting Fees With Other Lawyers
Fiduciary Duties
Commingling
Safeguarding Property
Notifying Clients, Keeping Records, and Paying Promptly
Competence, Diligence, and Unauthorized Practice
Professional Discipline for Lack of Competence or Diligence
Taking on Cases You Are Not Competent to Handle
Neglecting Cases You Have Taken On
Contracting Away Liability for Malpractice
Limiting the Scope of the Representation
Liability for Malpractice
Relationship Between Professional Discipline and Liability for Malpractice
What Constitutes Legal Malpractice
Avoiding Liability for Malpractice
Unauthorized Practice and Other Relations With Non-Lawyers
Assisting Unauthorized Practice
Splitting Fees With Non-Lawyer
Non-Lawyers in Law Firms
Confidential Information
Comparison of the Ethical Duty and the Attorney-Client Privilege
Compulsion v. Gossip
Sources of Information
Revelation v. Use of Information
Exceptions to the Ethical Duty
Self-Defense
Future Crimes
Noisy Withdrawal
The Restatement Position
Candor in Litigation
The Attorney's Duty to be Candid in Litigation
Candor About the Law
Candor About the Facts
The Trilemma: Trust, Confidentiality, and Candor
Falsity in Civil Matters
Fairness in Litigation
The Attorney's Duty to be Fair in Litigation
Fairness Toward Jurors
Before Trial
During Trial
After Trial
Fairness Toward Witnesses
Paying Witnesses
Preparing Witnesses
Witnesses for the Other Side
Fairness Toward the Adversary
Communication With Adverse Party
Harassment
Threats
Keeping Promises
Fairness Toward the Court
Ex Parte Contact
Civility in the Courtroom
Adherence to the Rules
Public Comments About Pending Litigation
The Trial Lawyer As Truth-Seeker
The Trial Lawyer as Truth Seeker
Courtroom Tactics
The Duties of the Criminal Prosecutor
The Prosecutor's Primary Goal
Decision to Prosecute
Duty to Disclose Evidence
The Duties of the Criminal Defense Lawyer
The Defense Lawyer's Goal
Zeal Within the Bounds of the Law
Conflicts of Interest---Lawyers, Clients, and Third Parties
Respective Authority of Attorney and Client
Conflicts Created by Third Party Interference With the Attorney-Client Relationship
Compensation From a Third-Party
Independent Legal Judgment
Who Is the ``Client''?
Insurer-Insured
Corporations and Other Entities
Conflicts Between the Lawyer's Interests and the Client's Interests
Business Transactions With the Client
Adverse Ownership, Possessory, or Security Interest
Interest in the Subject of the Litigation
Trial Lawyer as Witness
Gifts and Favors From a Client
Romantic Entanglements
Conflicts of Interest---Conflicts Between Two Clients
Conflicts Between the Interests of Two Clients
Directly Adverse Representation in the Same Matter
Opposing Present Client in an Unrelated Matter
Multiple Clients in the Same Matter
Former Client's Confidential Information
Opposing Former Client in a Substantially Related Matter
Former Judges and Government Employees
Lawyers in Law Firms and Specialized Practice Areas
Lawyers as Group Practitioners
The Changing World of Law Practice
The Rise of Large Scale Law Firms
New Forms of Legal Practice
Law Firm Breakups---When Partners Leave
Law Firms in Combinations With Non-Lawyer Businesses
Discipline of Law Firms
Lawyer as Employee
Respective Duties of Supervising and Subordinate Lawyers
Lawyer-Employee Rights Upon Termination
Specialized Lawyer Roles
Lawyers as Intermediaries
Lawyers as Evaluators
Lawyers as Arbitrators and Mediators
Judicial Conduct
Standards of Conduct for Judicial Officers
How the Standards Are Enforced
Integrity, Independence, and Propriety
Litigation Responsibilities
Disqualification
Administration
Outside Activities
Related to the Law
Not Related to the Law
Judges and Politics
Appendix: Answers to Multiple Choice Questions	377	(24)
Index	401