Ethical Problems In The Practice Of Law

by Lerman, Lisa G.

• ISBN13: 9780735529144
• ISBN10: 0735529140
• Format: Hardcover
• Copyright: 2005-03-15
• Publisher: Wolters Kluwer

Summary

Before you select a casebook for your next course in Legal Ethics or Professional Responsibility, be sure to examine this strong, new problem-based offering. Ethical Problems in the Practice of Law is an engaging and completely up-to-date teaching tool with a decidedly practical perspective. the authors combine a compelling, user-friendly writing style with a polished and well-tested pedagogical structure: respected authors Lerman and Schrag draw on their broad range of classroom, clinical, research, and policy-making experience contemporary approach succinctly covers all essential ethical issues and topics using clear, thorough exposition of ethical standards, succinct examples drawn from recent cases, and challenging problems involving interplay of strategic and ethical concerns thoughtful presentation of the full range of ethics topics and issues, including confidentiality, conflicts, and other issues addressed by ethics codes. Also covers other law governing lawyers, such as malpractice, agency and criminal law, disqualification, and wrongful discharge -- as well as key contemporary concerns, such as lawyers' public responsibilities up-to-date text based on the latest amendments To The rules of professional conduct, along with many problems based on recent cases; addresses such timely issues as billing fraud, laws and rules that limit extending legal services To The poor and middle class, And The impact of billable hour requirements on the quality of lawyers' lives more than seventy appealing, detailed problems based on real cases relating to issues that students are likely to encounter in their first few years of practice skillful use of cases, with some presented directly (for example, Nix v. Whiteside and Jones v. Barnes), while others, such as Fiandaca and Fisons, appear in the form of contextualized problems and place students in the role of the lawyer who is handling the case distinct graphic elements throughout the book reinforce the text. Tables and boxes help students see the relationships among parts of rules or theory; more than eighty pictures and cartoons enliven the discussion for instructors, The extensive Teacher's Manual simplifies class preparation: contains teaching tips, follow-up problems, suggested role-plays, and short writing exercises includes detailed analyses of problems in the text, with both pro and con positions and information about the outcomes of the real cases on which the problems are based is accompanied by an audio CD, which can be played in class, with readings by the lawyers who participated in the actual cases Please visit the new companion website to learn more about this book. Website: http://www.aspenlawschool.com/lermanschrag

Author Biography

Philip G. Schrag is Professor of Law and Director, Center for Applied Legal Studies, Georgetown University Law Center. Lisa G. Lerman is Professor of Law and Director, Law and Public Policy Program, The Catholic University of America, Columbus School of Law.

Table of Contents

Table of Problems	xxix
Foreword	xxxiii
Preface for Teachers and Students	xxxvii
Acknowledgments	xli
Introduction	1	(1)
Ethics, morals, and professionalism	1	(5)
Some central themes in this book	6	(5)
Conflicts of interest	6	(1)
Truthfulness	7	(1)
Lawyers' duties to clients versus their duties to the justice system	8	(1)
Lawyers' personal and professional interests versus their fiduciary obligations	9	(1)
Self-interest as a theme in regulation of lawyers	9	(1)
Lawyers as employees: institutional pressures on ethical judgments	10	(1)
The structure of this book	11	(1)
The rules quoted in this book: a note on sources	12	(2)
Stylistic decisions	14	(1)
The Regulation of Lawyers	15	(94)
Institutions that regulate lawyers	16	(16)
The highest state courts	16	(1)
The responsibility of self-regulation	16	(2)
The inherent powers doctrine	18	(3)
State and local bar associations	21	(1)
Lawyer disciplinary agencies	21	(1)
The American Bar Association	22	(1)
The American Law Institute	23	(2)
Federal and state trial courts	25	(1)
Legislatures	25	(2)
Administrative agencies	27	(1)
Prosecutors	27	(1)
Malpractice insurers	28	(1)
Law firms and other employers	29	(1)
Clients	30	(2)
The law governing lawyers	32	(11)
State ethics codes	33	(3)
Legal malpractice, breach of contract, and breach of fiduciary duty	36	(3)
Motions to disqualify for conflicts of interest	39	(1)
Contract law	39	(1)
Advisory ethics opinions	39	(1)
Research on ethics law	40	(3)
Admission to practice	43	(21)
Requirements for admission	43	(1)
A short history of bar admission	43	(2)
Contemporary bar admission requirements	45	(1)
The bar examination	46	(1)
The character and fitness inquiry	47	(1)
Criteria for evaluation	47	(5)
The character questionnaire	52	(1)
Problem 1-1: Pot	53	(2)
Mental health of applicants	55	(1)
Jon Bauer, The Character of the Questions and the Fitness of the Process: Mental Health, Bar Admissions, and the Americans with Disabilities Act	55	(2)
Misconduct during law school	57	(1)
In re Mustafa	57	(3)
California Bar Journal	60	(1)
Law school discipline: a preliminary screening process	61	(1)
Problem 1-2: The Doctored Resume	62	(2)
Professional discipline	64	(16)
The history and process of lawyer discipline	64	(4)
Grounds for discipline	68	(4)
In re Peters	72	(8)
Reporting misconduct by other lawyers	80	(29)
The duty to report misconduct	81	(2)
Daryl van Duch, Best Snitches: Land of Lincoln Leads the Nation in Attorneys Turning in Their Peers	83	(4)
Lawyers' responsibility for ethical misconduct by colleagues and superiors	87	(4)
Problem 1-3: The Little Hearing	91	(2)
Legal protections for subordinate lawyers	93	(1)
David Margolick, New York Court Shields Lawyers Who Report Dishonest Colleagues	94	(2)
The Jacobson case: A contrary result	96	(1)
The strange Tale of Scott McKay Wolas	96	(3)
Kelly v. Hunton & Williams	99	(8)
Problem 1-4: The Photographer	107	(2)
The Duty to Protect Client Confidences	109	(54)
The basic principle of confidentiality	110	(9)
Protection of ``information relating to the representation of a client''	110	(3)
Problem 2-1: Your Dinner with Anna, Scene 1	113	(1)
Problem 2-2: Your Dinner with Anna, Scene 2	114	(2)
Protection of information if there is a reasonable prospect of harm to a client's interests	116	(1)
The bottom line	117	(2)
Exceptions to the duty to protect confidences	119	(39)
Revelation of past criminal conduct	120	(1)
The Missing Persons Case: The Defense of Robert Garrow	121	(1)
Problem 2-3: The Missing Persons, Scene 1	121	(2)
Problem 2-4: The Missing Persons, Scene 2	123	(1)
The Real Case	124	(1)
People v. Belge	124	(2)
People v. Belge (appeal)	126	(1)
Problem 2-5: The Missing Persons, Scene 3	127	(1)
The risk of future injury or death	128	(2)
Spaulding v. Zimmerman	130	(7)
Problem 2-6: Your Dinner with Anna, Scene 3	137	(1)
Client frauds and crimes that cause financial harm	138	(1)
Enron and the Sarbanes-Oxley Act	139	(1)
The ethical rules on revelation of client crimes and frauds	140	(4)
Fraud by a client, not assisted by a lawyer	144	(1)
Fraud by a client, assisted by a lawyer	144	(1)
Other ethics rules allowing or requiring revelation of confidences relating to criminal or fraudulent conduct	145	(1)
What is fraud? A primer	146	(5)
Problem 2-7: Reese's Leases	151	(3)
Revealing confidences to obtain advice about legal ethics	154	(1)
Using a client's confidential information to protect the lawyer's interests	154	(2)
Revealing confidences to comply with other law or a court order	156	(2)
Use or disclosure of confidential information for personal gain or to benefit another client	158	(1)
Problem 2-8: An Investment Project	158	(1)
Talking to clients about confidentiality	159	(1)
A concluding problem	160	(3)
Problem 2-9: Rat Poison	160	(3)
The Attorney-Client Privilege and the Work Product Doctrine	163	(40)
Confidentiality and attorney-client privilege, compared	164	(4)
Ethics law versus evidence law	165	(1)
Difference in scope	165	(1)
Different methods of enforcement	166	(1)
When attorney-client privilege is invoked	167	(1)
Why study a rule of evidence in a professional responsibility course?	167	(1)
Source of the privilege	168	(1)
The elements of attorney-client privilege	168	(6)
Communication	168	(1)
Privileged persons	169	(1)
Communication in confidence	170	(1)
Communication for the purpose of seeking legal assistance	170	(4)
Problem 3-1: The Clandestine Videotape	174	(1)
Client identity	174	(2)
The privilege for corporations	176	(10)
Upjohn Co. v. United States	177	(5)
Sarah Helene Duggin, Internal Corporate Investigations: Legal Ethics, Professionalism, and the Employee Interview	182	(3)
Problem 3-2: Worldwide Bribery	185	(1)
The crime-fraud exception	186	(7)
No privilege if a client seeks assistance with a crime or fraud	186	(4)
Problem 3-3: The Fatal Bus Crash	190	(1)
Procedure for challenging the privilege on the basis of the exception	191	(1)
The tobacco litigation	192	(1)
The death of the client	193	(3)
Introduction	193	(1)
Problem 3-4: The Dead Murderer	193	(1)
The suicide of Vincent Foster	194	(1)
Factual background	194	(1)
The Supreme Court evaluates the privilege claim	195	(1)
Swidler & Berlin v. United States	195	(1)
Waiver	196	(3)
Express waiver by client	196	(1)
Waiver by inaction	197	(1)
Waiver by revealing privileged communication to nonprivileged person	197	(1)
Waiver by putting privileged communication into issue	198	(1)
Waiver as to a conversation by disclosure of part of it	198	(1)
Compliance with court orders	198	(1)
The work product doctrine	199	(4)
Work product prepared in anticipation of litigation	199	(1)
Origins of the work product rule	199	(1)
Materials not created or collected in anticipation of litigation	200	(1)
A qualified protection	200	(1)
Protection of lawyer's ``mental impressions''	201	(1)
Protection of work product, not underlying information	201	(2)
Relationships Between Lawyers and Clients	203	(76)
Formation of the lawyer-client relationship	204	(9)
Choosing clients	204	(1)
Offering advice as the basis for a lawyer-client relationship	205	(1)
Togstad v. Vesely, Otto, Miller & Keefe	206	(6)
Problem 4-1: The Chat Room	212	(1)
Lawyers' responsibilities as agents	213	(4)
Express and implied authority	214	(1)
Apparent authority	215	(1)
Problem 4-2: The Fired Guard	216	(1)
Lawyers' duties of competence, honesty, communication, and diligence	217	(23)
Competence	217	(3)
Matter of Neal	220	(4)
Problem 4-3: The Washing Machine	224	(1)
Competence in criminal trials	225	(1)
Strickland v. Washington	226	(5)
Candor and communication	231	(1)
Is it ever okay to lie?	231	(1)
Lying versus deception: Is there a moral distinction?	232	(1)
Truth versus truthfulness	233	(1)
Honesty and communication under the ethics rules	233	(2)
Civil liability for dishonesty to clients	235	(2)
Problem 4-4: Lying to Clients	237	(1)
Diligence	238	(2)
Contractual duties	240	(1)
Who calls the shots?	240	(33)
The competent adult client	240	(3)
Jones v. Barnes	243	(7)
Problem 4-5: The Package Bomber	250	(4)
Contracts to change the duties owed to clients	254	(2)
Clients with diminished capacity	256	(1)
Clients who may have mental disabilities	256	(2)
Paul R. Tremblay, On Persuasion and Paternalism: Lawyer Decisionmaking and the Questionably Competent Client	258	(3)
Problem 4-6: Vinyl Windows	261	(2)
Problem 4-7: Tightening the Knot	263	(1)
Juveniles	264	(1)
Martin Guggenheim, A Paradigm for Determining the Role of Counsel for Children	264	(2)
ABA, Standards of Practice for Lawyers Representing a Child in Abuse and Neglect Cases (1996)	266	(2)
Frances Gall Hill, Clinical Education and the ``Best Interest'' Representation of Children in Custody Disputes: Challenges and Opportunities in Lawyering and Pedagogy	268	(1)
Problem 4-8: The Foster Child	269	(4)
Terminating a lawyer-client relationship	273	(6)
Duties to the client at the conclusion of the relationship	273	(1)
Problem 4-9: The Candid Notes	274	(1)
Grounds for termination before the work is completed	275	(1)
When the client fires the lawyer	275	(1)
When continued representation would involve unethical conduct	275	(1)
When the lawyer wants to terminate the relationship	276	(1)
Matters in litigation	276	(1)
When the client stops paying the fee	277	(1)
When the case imposes an unreasonable financial burden on the lawyer	277	(1)
When the client will not cooperate	277	(2)
Concurrent Conflicts of Interest	279	(64)
Studying conflicts of interest	280	(7)
Why lawyers need to understand conflicts	280	(2)
Why the study of conflicts is difficult	282	(2)
Light in the tunnel	284	(1)
How the conflicts rules are organized	285	(1)
How the conflicts discussion is organized	286	(1)
General principles in evaluating concurrent conflicts	287	(14)
Rule 1.7	287	(2)
Direct adversity	289	(1)
Material limitation	289	(1)
How to evaluate conflicts	290	(1)
Nonconsentable conflicts	291	(1)
The lawyer's reasonable belief	291	(1)
Representation prohibited by law	292	(1)
Suing one client on behalf of another client	292	(1)
Informed consent	293	(4)
Withdrawal and disqualification	297	(1)
Imputation of concurrent conflicts	298	(2)
Problem 5-1: The Injured Passengers, Scene 1	300	(1)
Conflicts between current clients in civil litigation	301	(11)
Suing a current client	301	(2)
Problem 5-2: I thought you were my lawyer!	303	(1)
Cross-examining a current client	304	(1)
Representation of co-plaintiffs or co-defendants in civil litigation	305	(1)
Problem 5-3: The Injured Passengers, Scene 2	306	(1)
Representing economic competitors in unrelated matters	306	(2)
Conflicts in public interest litigation	308	(1)
Problem 5-4: The Prisoners' Dilemma	308	(2)
Taking inconsistent legal positions in litigation	310	(1)
Problem 5-5: Top Gun	311	(1)
Conflicts in nonlitigation matters: Representation of both parties to a transaction	312	(3)
Conflicts in representation of organizations	315	(7)
Who is the client?	316	(1)
Representation of the entity and employees	317	(1)
Duty to protect confidences of employees	318	(1)
Responding to unlawful conduct by corporate officers and other employees	319	(1)
Entity lawyers on boards of directors	320	(1)
Problem 5-6: My Client's Subsidiary	321	(1)
Joint representation in particular practice settings	322	(21)
Representation of criminal co-defendants	322	(1)
The costs and benefits of joint representation of co-defendants	323	(2)
Case law and ethics rules on joint representation of co-defendants	325	(1)
The Sixth Amendment and joint representation	326	(2)
Problem 5-7: Police Brutality, Scene 1	328	(1)
Problem 5-8: Police Brutality, Scene 2	329	(1)
Problem 5-9: Police Brutality, Scene 3	330	(1)
Conflicts in representing family members	330	(1)
Representing both spouses in a divorce	330	(1)
Representing family members in estate planning	331	(1)
Florida Bar Opinion 95-4	332	(1)
Problem 5-10: Representing the Mc Carthys	333	(2)
Representing insurance companies and insured persons	335	(3)
Problem 5-11: Two Masters	338	(1)
Conflicts in representation of a class	339	(4)
Conflicts Involving Former Clients, Government Lawyers, and Judges	343	(60)
The nature of conflicts between present and former clients	344	(3)
Duties to former clients	347	(1)
Distinguishing present and former clients	348	(5)
Maintaining contact	350	(1)
Problem 6-1: Keeping in Touch	350	(1)
Hiring and firing lawyers to create or eliminate conflicts	351	(1)
Former in-house counsel	352	(1)
Evaluating successive conflicts	353	(8)
Questions to ask	353	(1)
The same matter	354	(1)
Substantial relationship	355	(2)
Confidential information	357	(1)
Variations in the definition of ``substantial relationship''	358	(1)
Material adversity	359	(2)
Practice issues relating to former client conflicts	361	(2)
Problem 6-2: The District Attorney	363	(1)
Particular applications of Rule 1.9	363	(10)
Suing former clients	363	(1)
Representing the competitor of a former client	364	(1)
Maritrans GP, Inc. v. Pepper, Hamilton & Scheetz	365	(8)
Conflicts between the interests of a present client and a client who was represented by a lawyer's former firm	373	(4)
Analyzing former firm conflicts	374	(1)
Using or revealing a former client's confidences	375	(1)
Problem 6-3: A Dysfunctional Family Business	376	(1)
Imputation of former client conflicts to affiliated lawyers	377	(7)
Imputation of the conflicts of an entering lawyer who is ``infected''	379	(2)
Imputation of the conflicts of a departed lawyer to his former firm	381	(1)
Client waiver of imputed conflicts	382	(1)
Imputation of conflicts among lawyers sharing office space	382	(1)
Problem 6-4: The Fatal Shot	383	(1)
Successive conflicts of present and former government lawyers	384	(11)
Conflicts of former government lawyers in private practice	385	(1)
What is a ``matter''?	386	(1)
Personal and substantial participation	387	(1)
Screening of former government lawyers	388	(1)
Confidential government information	389	(1)
Problem 6-5: The Former Government Lawyer	390	(4)
Conflicts of government lawyers who formerly worked in private practice	394	(1)
Conflicts involving judges, arbitrators, and mediators	395	(4)
Conflicts rules for sitting judges	395	(1)
Problem 6-6: The Judge's Former Professor	396	(1)
Conflicts rules for former judges, law clerks, arbitrators, and mediators	397	(1)
Personal and substantial participation	398	(1)
Imputation	398	(1)
Employment negotiation	399	(1)
Conflicts involving prospective clients	399	(4)
Problem 6-7: The Mine Explosion	401	(2)
Conflicts of Interest Between Lawyers and Clients	403	(70)
Legal fees	406	(52)
Lawyer-client fee contracts	406	(1)
Types of agreements	406	(1)
Reasonable Fees	407	(2)
Brobeck, Phleger & Harrison v. Telex Corp.	409	(5)
In the Matter of Fordham	414	(6)
Communication about fee arrangements	420	(2)
Problem 7-1: An Unreasonable Fee?	422	(1)
Modification of fee agreements	423	(1)
Problem 7-2: Rising Prices	423	(1)
Regulation of hourly billing and billing for expenses	424	(10)
Billing Irregularities: A Case Study	434	(1)
Lisa G. Lerman, Scenes from a Law Firm	434	(7)
Contingent fees	441	(1)
In general	441	(3)
Criminal and domestic relations cases	444	(1)
Forbidden and restricted fee and expense arrangements	445	(1)
Buying legal claims	445	(1)
Financial assistance to a client	446	(1)
Problem 7-3: An Impoverished Client	446	(1)
Publication rights	447	(1)
Advance payment of fees and nonrefundable retainers	448	(1)
Fee disputes	449	(1)
Prospective limitations of lawyers' liability and settlement of claims against lawyers	449	(2)
Fee arbitration	451	(1)
Collection of fees	452	(2)
Fees owed to a lawyer who withdraws or is fired before the matter is completed	454	(1)
Dividing fees with other firms or with nonlawyers	455	(1)
Division of fees between lawyers not in the same firm	455	(2)
Sharing fees with nonlawyers	457	(1)
Payment of fee by a third party	458	(1)
Conflicts with lawyers' personal or business interests	458	(10)
In general	458	(1)
Business transactions between lawyer and client	459	(3)
Several simple steps to avoid inadvertent professional suicide	462	(1)
Problem 7-4: Starting a Business	463	(1)
Gifts from clients	464	(1)
Sexual relationships with clients	465	(1)
Intimate or family relationships with adverse lawyers	466	(1)
Imputation of personal interest conflicts to other lawyers in a firm	467	(1)
Financial interest conflicts	467	(1)
General rule on imputation of conflicts with a lawyer's interests	467	(1)
Lawyer as custodian of client property and documents	468	(5)
Client trust accounts	468	(1)
Responsibility for client property	469	(1)
Prompt delivery of funds or property	469	(1)
Disputes about money or property in lawyer's possession	470	(1)
Lawyers' responsibilities to clients' creditors	471	(1)
Administering estates and trusts	471	(2)
Lawyers' Duties to Courts, Adversaries and Others	473	(110)
Being a good person in an adversary system	474	(5)
Charles Fried, The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relation	476	(2)
Stephen Gillers, Can a Good Lawyer be a Bad Person?	478	(1)
Investigation before filing a complaint	479	(8)
Required investigation by lawyers filing civil cases	480	(4)
Problem 8-1: Your Visit from Paula Jones	484	(1)
Required investigation by prosecutors before charges are filed	485	(2)
Truth and falsity in litigation	487	(23)
The rules on candor to tribunals	487	(1)
Which rule applies when? A taxonomy of truth-telling problems in litigation	488	(1)
A lawyer's duties if a client or witness intends to give false testimony	489	(1)
When the lawyer believes that a criminal defendant intends to lie on the stand	489	(1)
Nix v. Whiteside	489	(6)
A lawyer's ``knowledge'' of a client's intent to give false testimony	495	(1)
Problem 8-2: Flight from Sudan, Scene 1	496	(2)
A lawyer's duties if a client intends to mislead the court without lying	498	(2)
Problem 8-3: Flight from Sudan, Scene 2	500	(1)
Variations in state rules on candor to tribunals	501	(2)
False impressions created by lawyers during litigation	503	(1)
How Simpson Lawyers Bamboozled a Jury	504	(1)
Problem 8-4: The Drug Test	505	(1)
Problem 8-5: The Body Double	506	(1)
Lawyers' duties of truthfulness in preparing witnesses to testify	507	(2)
Problem 8-6: Refreshing Recollection	509	(1)
Concealment of physical evidence and documents	510	(20)
Duties of criminal defense lawyers with respect to evidence of crimes	511	(6)
Problem 8-7: A Revealing Portfolio	517	(2)
Problem 8-8: The Break-In	519	(1)
Note: Stolen documents as evidence	520	(1)
Concealment of documents and evidence in civil cases	520	(1)
A more limited obligation to reveal	520	(2)
A lawyer's duties in responding to discovery requests	522	(1)
Wayne D. Brazil, Views from the Front Lines: Observations by Chicago Lawyers About the System of Civil Discovery	523	(1)
Ethics: Beyond the Rules (symposium)	524	(3)
Problem 8-9: The Damaging Documents	527	(3)
The duty to disclose adverse legal authority	530	(1)
Disclosures in ex parte proceedings	531	(2)
Improper influences on judges and juries	533	(15)
Improper influences on judges	534	(1)
Ex parte communication with judges	534	(1)
Campaign contributions	535	(1)
Improper influences on juries	535	(1)
Lawyers' comments to the press	535	(1)
The Gentile Case	536	(3)
Problem 8-10: A Letter to the Editor	539	(1)
Scott Brede, A Notable Case of Exceptionally Unsafe Sex	540	(1)
Impeachment of truthful witnesses	541	(1)
Harry I. Subin, The Criminal Defense Lawyer's ``Different Mission'': Reflections on the ``Right'' to Present a False Case	541	(2)
Statements by lawyers during jury trials	543	(5)
Lawyers' duties in nonadjudicative proceedings	548	(2)
Communications with lawyers and third parties	550	(26)
Deception of third parties	550	(1)
The duty to avoid material false statements to third parties	550	(1)
Problem 8-11: Emergency Food Stamps	550	(3)
Lawyers' duties of truthfulness in fact investigation	553	(1)
Apple Corps, Ltd. v. International Collectors Society	554	(1)
The Gatti Case	555	(1)
In re Gatti	555	(2)
Lawyers' duties of truthfulness in negotiation	557	(1)
Carrie Menkel-Meadow, Ethics, Morality and Professional Responsibility in Negotiation	558	(1)
Obligations of disclosure to third parties	559	(1)
Restrictions on contact with represented parties	560	(4)
Messing, Rudavsky & Weliky, P.C. v. President & Fellows of Harvard College	564	(6)
Restrictions on contact with unrepresented persons	570	(3)
Problem 8-12: The Prosecutor's Masquerade	573	(1)
Problem 8-13: The Complaining Witness	574	(2)
Conduct prejudicial to the administration of justice	576	(1)
Are lawyers really too zealous?	577	(6)
Ted Schneyer, Moral Philosophy's Standard Misconception of Legal Ethics	578	(5)
The Legal Profession	583	(48)
Origins and development of the U.S. legal profession	584	(3)
Pre-revolutionary America	584	(1)
The nineteenth century	585	(2)
Growth of large firms in the twentieth century	587	(1)
A short history of American legal education	587	(2)
Race, sex, and class in the legal profession	589	(6)
Women	590	(3)
People of color	593	(2)
The legal profession today	595	(21)
Large firms	598	(2)
Michael Asimow, Embodiment of Evil: Law Firms in the Movies	600	(2)
Patrick J. Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession	602	(7)
Problem 9-1: The Reforming Partner	609	(1)
Problem 9-2: The Job Interview	609	(1)
Small firms	610	(1)
Salaries and attrition	610	(1)
Setting one's own schedule	610	(2)
Bringing in business	612	(1)
Promotion in small firms	612	(1)
Other features of small-firm life	613	(1)
Urban versus rural practice	613	(1)
Gender bias in small firms	614	(1)
The future of small firms	614	(1)
Small firms and the Internet	615	(1)
Government and nonprofit organizations	615	(1)
The ethical climate of the legal profession	616	(15)
Mass Production	618	(1)
Problem 9-3: Small Claims	618	(1)
Pressure to pad bills	619	(1)
Patrick J. Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession	619	(2)
Pressure from clients to help them commit fraud	621	(1)
Ethics and substance abuse	622	(1)
Problem 9-4: ``I'm Not Driving''	623	(1)
Public perceptions of lawyers	624	(1)
How to find a law firm or other employer that has high ethical standards and humane work conditions	625	(6)
The Provision of Legal Services	631	(64)
The unmet need for legal services	632	(4)
Unauthorized practice and the role of lay advocates	636	(7)
David C. Vladeck, Statement Before the ABA Commission on Non-lawyer Practice	638	(3)
Problem 10-1: Special Education	641	(2)
Other legal restrictions on the free market for legal services	643	(16)
Advertising and solicitation	643	(1)
General advertising	643	(1)
In-person solicitation	644	(1)
Direct-mail solicitation	644	(1)
The ethics rules	645	(1)
Problem 10-2: Do You Need a Lawyer?	646	(1)
Interstate law practice	646	(2)
Stephen Gillers, It's an MJP World: Model Rules Revisions Open the Door for Lawyers to Work Outside their Home Jurisdictions	648	(2)
Ownership of law firms	650	(1)
Multidisciplinary practice	651	(1)
Stacy L. Brustin, Legal Services Provision Through Multidisciplinary Practice: Encouraging Holistic Advocacy While Protecting Ethical Interests	652	(4)
Limited representation	656	(3)
Beyond the free market: expanding legal services	659	(36)
The right to counsel for indigent litigants	659	(1)
Criminal defendants	659	(4)
Problem 10-3: An Indigent Prisoner Richard C. Dieter, With Justice for Few: The Growing Crisis in Death Penalty Representation	663	(2)
Parties in civil and administrative proceedings	665	(2)
Civil legal aid	667	(1)
The Legal Services Corporation	667	(1)
Alan W. Houseman & Linda E. Perle, Securing Justice for All: A Brief History of Civil Legal Assistance in the United States	667	(9)
Problem 10-4: Restrictions on Legal Services	676	(2)
Other civil legal services	678	(1)
The IOLTA controversy	678	(1)
Fee-shifting statutes	679	(1)
Fee waiver as a term of a settlement	680	(2)
Who is a ``prevailing party'' entitled to attorneys' fees?	682	(1)
Margaret Graham Tebo, Fee-Shifting Fallout	682	(1)
Pro bono representation	683	(2)
Greg Winter, Legal Firms Cutting Back on Free Services for Poor	685	(1)
Michael Hertz, Large Law Firms: A Larger Role to Play	686	(1)
Doug Campbell, Law Firms Do Little Pro Bono	687	(1)
Judith L. Maute, Changing Conceptions of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige to Stated Expectations	687	(2)
Deborah L. Rhode, Cultures of Commitment: Pro Bono for Lawyers and Law Students	689	(2)
Problem 10-5: Mandatory Pro Bono Service	691	(1)
Loan forgiveness and scholarships for public service lawyers	691	(3)
Problem 10-6: Service to the Poor and Middle Class	694	(1)
About the Authors	695	(2)
Table of Articles, Books, and Reports	697	(14)
Table of Cases	711	(8)
Table of Rules, Restatements, Statutes, Bar Opinions, and Other Standards	719	(8)
Index	727