Problems in Legal Ethics

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  • Edition: 7th
  • Format: Hardcover
  • Copyright: 2005-07-30
  • Publisher: West Group
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Supplemental Materials

What is included with this book?


The widely used Problems in Legal Ethics supplements the current edition of West?s Professional Responsibility Standards, Rules & Statutes and incorporates many recent changes in legal ethics. Each chapter begins with a set of problems for discussion in the classroom. For each major topic, background reading material illustrates the variety of sources a lawyer or judge can use when seeking answers to ethics questions. Supplemental readings include the ABA Model Code and other ethics rules, judicial opinions, ethics committee opinions, and excerpts from articles and books written by judges, lawyers, and law teachers. Updated to incorporate recent developments in legal ethics, the new edition includes 2003 amendments to the ABA Model Rules, the Sarbanes-Oxley Act, and proposed amendments to the ABA Model Code of Judicial Conduct.

Table of Contents

Prefacep. iii
Table of Casesp. xxiii
Table of References to ABA Model Rules of Professional Conductp. xxvii
Introduction to Legal Ethics
What This Chapter Coversp. 1
How to Use This Book
Short Form Citations
Purposes of This Book
"Ethics" and "Legal Ethics"
Reading Assignmentp. 1
Discussion Problemsp. 1
How to Use This Bookp. 2
Short Form Citationsp. 3
Purposes of This Bookp. 3
"Ethics" and "Legal Ethics"p. 4
John Stuart Mill on Utilitarianismp. 5
James Rachels on Utilitarianismp. 10
Roots of the Golden Rulep. 17
Immanuel Kant on the Categorical Imperativep. 20
Onora O'Neill Commentary on Kant's Theoryp. 24
Sources and Application of Legal Ethics Rules
What This Chapter Coversp. 28
The Organization of the Bar
Sources of Legal Ethics Rules
Lawyer Disciplinary Proceedings
Reading Assignmentp. 28
Supplemental Readingp. 29
Discussion Problemsp. 29
The Organization of the Barp. 30
Admission to Practice in the Courts of a Statep. 31
In re DeBartolop. 33
Admission to Practice in Other States and the Federal Courtsp. 35
Lawyer Associationsp. 36
Sources of Guidance on Legal Ethicsp. 40
Disciplinep. 42
In re Mountainp. 43
In re Holmayp. 45
Multiple Choice Questionsp. 47
Beginning and Ending the Lawyer-Client Relationship
What This Chapter Coversp. 51
Beginning the Lawyer-Client Relationship
Ending the Lawyer-Client Relationship
Frivolous Claims
Reading Assignmentp. 51
Supplemental Readingp. 51
Discussion Problemsp. 52
Beginning the Lawyer-Client Relationshipp. 53
The Attorney's Oathp. 53
Who Should Pay When the Client Cannot?p. 54
Bothwell v. Republic Tobacco Co.p. 56
Outlook for the Futurep. 67
Ruskin v. Rodgersp. 68
Rosenberg v. Levinp. 69
Holmes v. Y.J.A. Realty Corp.p. 73
Kriegsman v. Kriegsmanp. 74
Frivolous Claimsp. 76
Multiple Choice Questionsp. 77
Advertising and Solicitation
What This Chapter Coversp. 82
Historical Summary
Historical Summary, Continued
Reading Assignmentp. 82
Supplemental Readingp. 82
Discussion Problemsp. 82
Historical Summaryp. 84
Bates v. State Bar of Arizonap. 87
Historical Summary, Continuedp. 95
Florida Bar v. Went For It, Inc.p. 100
Multiple Choice Questionsp. 105
Attorney Fees and Fiduciary Duties
What This Chapter Coversp. 110
Attorney Fees
Fiduciary Duties
Reading Assignmentp. 110
Supplemental Readingp. 110
Discussion Problemsp. 110
Robert L. Wheeler, Inc. v. Scottp. 114
ABA Formal Opinion 93-379p. 118
The Billable Hours Treadmillp. 126
Questions and Answers About Contingent Feesp. 131
Loans to Clientsp. 134
Client Trust Accountsp. 134
Multiple Choice Questionsp. 138
Competence, Diligence, and Unauthorized Practice
What This Chapter Coversp. 142
Professional Discipline for Lack of Competence or Diligence
Liability for Malpractice
Unauthorized Practice and Other Relations with Non-Lawyers
Reading Assignmentp. 142
Supplemental Readingp. 142
Discussion Problemsp. 143
Legal Malpracticep. 146
The Ethics of Second-Rate Legal Servicep. 154
Multi-Jurisdictional and Multi-Disciplinary Practicep. 157
Multiple Choice Questionsp. 160
Confidential Information
What This Chapter Coversp. 165
Comparison of the Ethical Duty and the Attorney-Client Privilege
Exceptions to the Ethical Duty
Reading Assignmentp. 165
Supplemental Readingp. 165
Discussion Problemsp. 165
Washington v. Olwellp. 167
People v. Meredithp. 171
Exceptions to the Ethical Duty of Confidentialityp. 179
Multiple Choice Questionsp. 181
Candor in Litigation
What This Chapter Coversp. 185
The Attorney's Duty of Candor in Litigation
Reading Assignmentp. 185
Supplemental Readingp. 185
Discussion Problemsp. 185
The Trilemma: Trust, Confidentiality, and Candorp. 187
People v. Johnsonp. 193
ABA Formal Opinion 93-376p. 202
Multiple Choice Questionsp. 206
Fairness in Litigation
What This Chapter Coversp. 211
The Attorney's Duty to Be Fair in Litigation
Reading Assignmentp. 211
Supplemental Readingp. 211
Discussion Problemsp. 212
Witness Coachingp. 214
Colorado Bar Association Opinion 70p. 217
Public Comments About Pending Litigationp. 219
Matter of Vincentip. 222
The Prosecutor's Special Dutiesp. 225
The Duties of the Criminal Defense Lawyerp. 227
Why I Defend Guilty Clientsp. 227
Multiple Choice Questionsp. 230
Bias in (and Out of) the Courtroom
What This Chapter Coversp. 234
Types of Bias Lawyers Face
Settings for Bias
How Can Bias Be Remedied?
Reading Assignmentp. 234
Supplemental Readingp. 234
Discussion Problemsp. 235
Introductionp. 236
The Effects of Gender in the Federal Courts: The Final Report of the Ninth Circuit Gender Bias Task Forcep. 237
The Study of Gender in the Courts: Keeping Bias at Bayp. 239
What's Gender Got to Do With It? Incivility in the Federal Courtsp. 239
What Judges Can Learn From Gender Bias Task Force Studiesp. 240
Final Report of the Special Committee on Race and Ethnicity to the D.C. Circuit Task Force on Gender, Race, and Ethnic Biasp. 243
Symposium on Racial Bias in the Judicial System, Minnesota Supreme Court Task Force on Racial Bias in the Judicial System: Access to Representation and Interaction, and General Civil Processp. 247
In re Charges of Unprofessional Conduct Contained in Panel File 98-26p. 250
In re Plaza Hotel Corporationp. 251
In re Vincentip. 252
In re Kirbyp. 254
Still Officers of the Court: Why the First Amandment Is no Bar to Challenging Racism, Sexism and Ethnic Bias in the Legal Professionp. 256
Multiple Choice Questionsp. 258
Conflicts of Interest-Lawyers, Clients, and Third Parties
What This Chapter Coversp. 261
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 Assignmentp. 261
Supplemental Readingp. 261
Discussion Problemsp. 262
Allocating Decision-Making Between Lawyer and Clientp. 267
Beckwith Machinery Co. v. Travelers Indemnity Co.p. 269
Geoffrey Hazard, Ethics in the Practice of Lawp. 273
Phillips v. Carsonp. 276
AAA Plumbing Pottery Corp. v. St. Paul Ins. Co. of Illinoisp. 280
Multiple Choice Questionsp. 285
Conflicts of Interest-Conflicts Between Two Clients
What This Chapter Coversp. 290
Conflicts Between the Interests of Two Clients
Reading Assignmentp. 290
Supplemental Readingp. 290
Discussion Problemsp. 290
State Farm Mutual Automotive Ins. Co. v. K.A.W.p. 292
Haagen-Dazs Co., Inc. v. Perche No! Gelato, Inc.p. 297
Joint Representationp. 303
Imputed Disqualification and Screeningp. 305
Multiple Choice Questionsp. 306
Lawyers in Law Firms and Specialized Practice Areas
What This Chapter Coversp. 311
Lawyers as Group Practitioners
Lawyer as Employee
Specialized Lawyer Roles
Reading Assignmentp. 311
Supplemental Readingp. 311
Discussion Problemsp. 312
American Lawyers in the year 2000: An Introductionp. 314
New Forms of Legal Practicep. 316
Law Firm Breakupsp. 317
Law Firm Disciplinep. 318
General Dynamics Corp. v. Superior Courtp. 319
Lawyer as Problem-Solverp. 333
The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyeringp. 333
Multiple Choice Questionsp. 337
Judicial Conduct
What This Chapter Coversp. 339
Standards of Conduct for Judicial Officers
Reading Assignmentp. 339
Supplemental Readingp. 339
Discussion Problemsp. 339
Judicial Standards and Disciplinep. 342
McCullough v. Comm'n on Judicial Performancep. 343
Perpich v. Cleveland Cliffs Iron Co.p. 348
Judges, Politics, and Free Speechp. 355
Multiple Choice Questionsp. 359
Answers to Multiple Choice Questions
Chapter Two
Chapter Three
Chapter Four
Chapter Five
Chapter Six
Chapter Seven
Chapter Eight
Chapter Nine
Chapter Ten
Chapter Eleven
Chapter Twelve
Chapter Thirteen
Chapter Fourteen
Indexp. 385
Table of Contents provided by Ingram. All Rights Reserved.

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