Cases and Materials on Professional Responsibility for Lawyers

by Sutton, John Floyd; Dzienkowski, John S.

• ISBN13: 9780314065971
• ISBN10: 0314065970
• Edition: 2nd
• Format: Hardcover
• Copyright: 2002-05-01
• Publisher: West Academic

Summary

Introduces students to rules of ethics, procedure, and substantive principles of law. Students are reminded of the three principal contexts of lawyer regulation: (1) the disciplinary committee; (2) the malpractice forum; and (3) the judicial regulation of lawyers in representing clients. The book also balances professional responsibility issues in litigation and office practice areas. Over a quarter of the discussion on representation is devoted to problems of a lawyer as an adviser, intermediary, evaluator, and lobbyist. Students entering an office practice (tax, corporate, securities, and real estate) will benefit from the book, as will those who practice in the civil or criminal courtroom.

Table of Contents

Preface	i
Table of Cases	xii
Introduction: The Legal Profession	1	(28)
The Nature of the Legal Profession	2	(5)
The Nature of Lawyer's Work	7	(7)
Professional Regulation and Professionalism	14	(8)
Role of the Bar Associations	22	(7)
Part One: The Attorney-Client Relationship
Formation and Duration of an Attorney-Client Relationship	29	(132)
Provision of Legal Services	29	(46)
Right to Counsel in Criminal Cases	29	(16)
Provision of Legal Services in Civil Matters	45	(1)
Generally	45	(1)
Court Appointed Counsel	46	(2)
Other Methods for Providing Counsel	48	(4)
Unauthorized Practice of Law	52	(1)
Restrictions on Practice by Non-Lawyers	52	(14)
Unauthorized Practice by Suspended and Disbarred Lawyers	66	(3)
Restrictions on Out-of State Practice	69	(6)
Advertising for and Soliciting of Clients	75	(33)
Employment and Financial Arrangements	108	(39)
Identity of Client	108	(3)
Employment Contracts, Engagement Letters, and Fee Arrangements	111	(31)
Sharing Fees with Lawyers	142	(5)
Termination of Attorney-Client Relationship	147	(14)
Nature of the Attorney-Client Relationship	161	(204)
Lawyer as Agent	161	(27)
General Duties Owed to Clients	188	(177)
Competent and Diligent Representation	188	(8)
Loyalty: Confidentiality	196	(1)
The Evidentiary Privilege	196	(25)
The Disciplinary Duty of Confidentiality	221	(12)
Continuing Duties to Former Clients	233	(25)
Loyalty: Independent Judgment on Behalf of Client	258	(1)
Present Clients with Differing Interests	258	(41)
Lawyer as an Intermediary	299	(6)
Influence by Non-Clients	305	(23)
Lawyer's Self-Interests	328	(1)
Generally	328	(10)
Advocate Testifying for a Client	338	(27)
Specific Duties of an Advocate	365	(156)
Nature of the Adversary Process	365	(15)
Specific Restraints on Advocacy	380	(120)
Frivolous or Harassing Litigation	381	(12)
Perjured Testimony, False Presentation, and Fraud	393	(35)
Abusive Litigation Tactics, Unfair Delay, and Threats	428	(13)
Communications with Opposing Parties	441	(22)
Communications with Court or Jury	463	(10)
Trial Publicity	473	(8)
Other Specific Restraints on the Advocate	481	(19)
Frosecutors	500	(21)
Liabilities of an Attorney	521	(82)
Civil Liability	521	(77)
Liability to Client Based on Tort or Contract Principles	521	(20)
Liability to Client Based on Fiduciary Principles	541	(12)
Liability to Client Based on Violation of Disciplinary Standards	553	(6)
Liability to Client Based on Civil Statutes	559	(5)
Liability to Non-Clients	564	(1)
To Associated Lawyers	564	(4)
To Other Non-Clients	568	(21)
Malpractice Insurance	589	(9)
Criminal Liability	598	(5)
Part Two: Regulation of The Legal Profession
Regulation of the Legal Profession	603	(76)
Admission of Lawyers, Generally	604	(8)
Requirement of Good Character	612	(11)
Federal Admission and Discipline	623	(5)
Formal Disciplinary Procedures	628	(15)
Contempt and Procedural Sanctions	643	(9)
Regulation of Law Firms	652	(27)
Part Three: The Judiciary
The Judiciary	679	(26)
Discipline of Judges	681	(10)
Judicial Temperament, Impartiality, and Off Bench Behavior	691	(10)
Tort Liability and Judicial Immunity	701	(4)
Index	705