The Law and Ethics of Lawyering

by Hazard, Geoffrey C., Jr.

• ISBN13: 9781566627511
• ISBN10: 1566627516
• Edition: 3rd
• Format: Hardcover
• Copyright: 1999-08-01
• Publisher: Foundation Pr

Table of Contents

Preface	v
Note on Editorial Practices	vii
Acknowledgements	ix
Table of Cases	xxxvii
Table of Other Authorities	li
Relationship of Law, Lawyers and Ethics	1	(61)
Introduction	1	(4)
Who Among Us?	5	(15)
Perspectives on Morality of the Lawyer's Role	20	(19)
Pitfalls for the Unwary	39	(23)
Conformity to the Law	62	(87)
Criminal Law	62	(17)
Tort Law	79	(22)
Securities and Regulatory Law	101	(38)
Tax Law	139	(6)
Procedural Law	145	(4)
Competence	149	(54)
Checks on Incompetence	151	(3)
Malpractice	154	(22)
Effective Assistance of Counsel Under the Sixth Amendment	176	(27)
Confidentiality	203	(134)
Attorney--Client Privilege	205	(62)
Professional Duty of Confidentiality	267	(15)
Client Fraud	282	(28)
Confidentiality When Bodily Harm or Death May Result	310	(27)
Duty to the Court	337	(112)
Perjury	337	(45)
Remedies for Abusive Litigation Conduct	382	(52)
How Far for a Client?	434	(15)
Lawyer--Client Relationship	449	(125)
Forming and Ending the Relationship	457	(12)
Scope of Lawyer's Authority	469	(20)
Fees	489	(33)
Who Should Pay for Litigation?	522	(11)
Lawyer's Relationship With Non--clients	533	(20)
Lawyer--Client Transactions	553	(21)
Conflicts of Interest	574	(134)
Introduction	574	(2)
Concurrent Representation in Litigation	576	(42)
Concurrent Representation in Transactions	618	(22)
Successive Representation	640	(27)
Imputed Conflicts	667	(17)
Government Lawyers and the Revolving Door	684	(24)
Who Is the Client?	708	(146)
Individual or Enterprise	708	(51)
Almost Clients	759	(26)
Lawyers for the Government	785	(28)
Lawyers for a Class	813	(41)
The Bar as a Legal and Social Institution	854	(134)
Introduction	854	(15)
Admission to Practice	869	(46)
Professional Discipline	915	(23)
Law Firms and the Organized Bar	938	(32)
Legal Education	970	(18)
Regulation of Competition in Legal Services	988	(76)
The Professional Monopoly: Unauthorized Practice of Law	991	(22)
Advertising and Solicitation	1013	(26)
Ownership and Control of Law Firms	1039	(8)
Local Control in an ERA of Multistate Practice	1047	(17)
Law, Lawyers and Justice	1064	(102)
Shaking the World: Lawyers for and as Revolutionaries	1066	(25)
Lawyers Serving Poor People and ``the Public Interest''	1091	(31)
Justice and Ordinary Lawyering	1122	(21)
The Law and Ethics of Negotiation	1143	(16)
Do Lawyers Have a Special Responsibility for Justice?	1159	(7)
Becoming and Being a Lawyer	1166	(65)
Morality of Rhetoric	1168	(18)
Formative Influence of Legal Institutions	1186	(10)
Satisfactions and Dissatisfactions of Practice	1196	(21)
Some Final Thoughts	1217	(14)
Index	1231