Regulation of lawyers : problems of law and ethics /
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| Author / Creator: | Gillers, Stephen, 1943- |
|---|---|
| Edition: | 5th ed. |
| Imprint: | New York, NY : Aspen Law & Business, c1998. |
| Description: | xxxi, 972 p. ; 25 cm. + teacher's manual (iii, 462 p. ; 28 cm.) |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/2970753 |
Table of Contents:
- Why It Matters: A Preface for Students ... And My Casebook "Philosophy"
- Acknowledgments
- A Word About Case Editing
- Chapter I. Where Do "Ethics" Rules Come From?
- Part 1. The Client-Lawyer Relationship
- Chapter II. Defining the Client-Lawyer Relationship
- A.. Is There a Client Here?
- B.. Elements of the Client-Lawyer Relationship
- C.. Autonomy of Attorneys and Clients
- D.. Terminating the Relationship
- Chapter III. Protecting the Client-Lawyer Relationship Against Outside Interference
- A.. Communicating with Another Lawyer's Clients
- B.. Improper Acquisition of Confidential Information
- Chapter IV. Financing Legal Services (and Dividing the Money)
- A.. The Role of the Marketplace
- B.. Unethical Fees
- C.. Contingent Fees and Statutory Limits
- D.. Minimum Fee Schedules
- E.. Court-Awarded Fees
- F.. Mandatory Pro Bono Plans
- G.. Who Gets the Money?
- Part 2. Conflicts of Interest
- Chapter V. Concurrent Conflicts of Interest
- A.. Client-Lawyer Conflicts
- B.. Client-Client Conflicts
- C.. The Advocate-Witness Rule
- Chapter VI. Successive Conflicts of Interest
- A.. Private Practice
- B.. Imputed Disqualification and Migratory Lawyers
- C.. Government Service
- Part 3. Special Lawyer Roles
- Chapter VII. Ethics in Advocacy
- A.. Five Views on Adversary Justice
- B.. Are Lawyers Morally Accountable for Their Clients?
- C.. Truth and Confidences
- D.. Fostering Falsity or Advancing Truth?
- E.. Frivolous Positions and Abusive Tactics
- F.. Dilatory Tactics
- G.. Hardball
- H.. Misstating Facts, Precedent, or the Record
- I.. The Obligation to Reveal Adverse Legal Authority
- Chapter VIII. Real Evidence
- Chapter IX. Lawyers for Entities
- A.. Conflicts and Confidentiality in Entity Representation
- B.. Retaliatory Discharge and Whistleblowing
- Chapter X. Negotiation and Transactional Matters
- Chapter XI. Judges
- A.. Conflicts and Disqualification
- B.. Expressions of Gender, Racial, and Other Bias
- Part 4. Avoiding and Redressing Professional Failure
- Chapter XII. Control of Quality: Reducing the Likelihood of Professional Failure
- A.. Admission to the Bar
- B.. Transient Lawyers and Multijurisdictional Firms: Local Interests Confront a National Bar
- C.. The Ethical Duty of Competence
- D.. Continuing Legal Education
- E.. Supervisory Responsibilities
- F.. Unauthorized Practice of Law
- G.. Specialization
- Chapter XIII. Control of Quality: Remedies for Professional Failure
- A.. Malpractice and Breach of Fiduciary Duty
- B.. Proving Malpractice
- C.. Beyond Malpractice: Other Grounds for Attorney Liability to Clients and Third Parties
- D.. Discipline
- E.. Constitutional Protection in Criminal Cases
- Chapter XIV. Control of Quality: Lay Participation in Law Business (And Law Firm Ancillary Services)
- A.. Nonprofit Entities and Intermediaries
- B.. For-Profit Enterprises
- C.. May a Law Firm Own an Ancillary Business?
- Part 5. First Amendment Rights of Lawyers
- Chapter XV. Free Speech Rights of Lawyers
- A.. Public Comment About Pending Cases
- B.. Public Comment About Judges and Courts
- C.. Mandatory Bar Membership
- Chapter XVI. Marketing Legal Services
- A.. Defining the Borders: Bates and Ohralik
- B.. Defining the Center: Zauderer, Shapero, and Peel
- C.. Defining the Methodology
- D.. Defining the Rules
- E.. Solicitation by Public Interest and Class Action Lawyers
- Table of Cases
- Table of Code, Rules, and Restatement Provisions
- Index