Ethics of the lawyer's work /
Saved in:
| Author / Creator: | Moliterno, James E., 1953- |
|---|---|
| Edition: | 2nd ed. |
| Imprint: | St. Paul, MN : Thomson/West Pub. Co., c2003. |
| Description: | xvii, 399 p. ; 26 cm. |
| Language: | English |
| Series: | American casebook series |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/4899423 |
Table of Contents:
- Introduction
- Chapter 1. Who Are We and Who Are We Supposed to Be?
- A.. Role and Identity
- B.. Three Perspectives on the Role of Lawyer
- 1.. The Business Person
- a.. The role described
- b.. Stories
- 2.. The Standard Conception
- a.. The role described
- b.. Stories
- 3.. The Moral Activist Lawyer
- a.. The role described
- b.. Stories
- C.. Practice Setting, Perspective, and Role
- D.. Summary
- Scenario Developments
- Regarding Dr. Sam Patterson
- Wallace Wilson v. Wythe Insurance Underwriting Company
- Chapter 2. The Institutional Framework
- A.. Sources and Applications of Legal Ethics Rules
- 1.. Bar Associations
- 2.. Alternative Lawyer Organizations
- 3.. Sources of the Law Governing Lawyers
- 4.. Discipline
- 5.. Professionalism
- 6.. Discipline and its Distinction from Malpractice
- 7.. Admission to Practice
- In re Desilets
- B.. Self-Governance; Reporting Misconduct
- 1.. Knowledge of Misconduct
- 2.. Level or Type of Misconduct
- 3.. Confidentiality
- 4.. Defamation Privilege
- Weber v. Cueto
- Scenario Developments
- Regarding Peter Phipps and Anna Zimmerman
- C.. Supervisor-Subordinate Responsibilities
- 1.. Supervisory Lawyers and Subordinate Lawyers
- Scenario Developments
- Regarding Dr. Sam Patterson
- 2.. Lawyer Supervision of Nonlawyer Employees
- Chapter 3. Beginning and Nature of the Client-Lawyer Relationship
- A.. Client-Lawyer Relationships
- B.. Competence, Diligence, and Case Acceptance
- 1.. Competence, Diligence, and Communication
- 2.. Accepting Employment
- Scenario Developments
- Dante's Appliance & Audio v. Johnnie Chu
- C.. Confidentiality and Its Limits
- 1.. To Whom Is the Duty of Confidentiality Owed?
- Upjohn Co. v. United States
- In re Grand Jury Subpoena Duces Tecum
- 2.. To What Does the Duty Apply?
- The People of California v. Meredith
- 3.. Exceptions to the Duty
- a.. Consent
- b.. Self-defense and fees
- c.. Crimes, frauds, and future harms
- d.. "Other law"
- Scenario Developments
- State of Jefferson v. Max Hunt
- D.. Counselling Clients Regarding Wrongful Acts
- Scenario Developments
- Regarding First Washington Bank
- E.. Conflicts of Interest
- 1.. Third Party Interference
- 2.. Lawyer v. Client Interests
- a.. Generally
- Iowa State Bar Association v. Bitter
- b.. Use of confidential information
- 3.. Multiple Client Issues
- 4.. Waiver
- 5.. Imputed Disqualification
- Haagen-Dazs v. Perche No! Gelato
- Armstrong v. McAlpine
- Scenario Developments
- Pierce v. Pierce
- Perini v. Mid-Continent Transportation Inc.
- United States v. Mark Moore
- F.. Provision of Legal Services to Those Who Cannot Afford to Hire a Lawyer
- 1.. Organized Legal Services for the Poor
- 2.. Individual Lawyer's Response: Pro Bono Publico
- Scenario Developments
- Pro Bono Policy at Taylor and Moore
- G.. Fees
- 1.. Reasonableness
- 2.. Contingent Fees and Other Alternatives to Hourly Fees
- a.. Contingent Fees
- b.. Alternative compensation arrangements
- c.. Retainers
- 3.. Fee Splitting
- Scenario Developments
- Dante's Appliance & Audio v. Johnnie Chu
- Dante's Appliance & Audio v. Marina Vukovic
- Wallace Wilson v. Wythe Insurance Underwriting Company
- H.. Handling Clients' Money
- 1.. Generally
- Akron Bar Association v. Hughes
- In Re Harrison
- 2.. IOLTA-Interest on Lawyers' Trust Accounts
- Scenario Developments
- Wallace Wilson v. Wythe Insurance Underwriting Company
- I.. Client-Getting
- Bates v. State Bar of Arizona
- Summaries of Selected other Supreme Court Cases of Consequence
- 1.. Ohralik v. Ohio State Bar Association and In re Primus (concurring opinion)
- 2.. In re R.M.J.
- 3.. Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio
- 4.. Shapero v. Kentucky Bar Association
- 5.. Peel v. Illinois Attorney Registration and Disciplinary Commission
- 6.. Florida Bar v. Went For It
- 7.. Ibanez v. Fla. Dep't of Bus. and Prof. Reg.
- "Lawyer's Unsubtle Solicitation" - The Washington Post
- Arguments before the Court, Oring v. California State Bar
- Scenario Developments
- The Marketing of Beck and Vitucci
- Dante's Appliance & Audio v. Marina Vukovic
- Chapter 4. Investigating
- A.. Competence
- B.. Treatment of Third Parties
- Scenario Developments
- Pierce v. Pierce
- Chapter 5. Negotiating and Mediating
- A.. Negotiating and Truth telling
- 1.. Truthtelling and Dissimulation
- a.. What is a Material Statement of Law or Fact?
- b.. When is a Statement or Silence Fraudulent?
- Scenario Developments
- State of Jefferson v. Max Hunt
- Dante's Appliance & Audio v. Johnnie Chu
- Wallace Wilson v. Wythe Insurance Underwriting Company
- Pierce v. Pierce
- United States v. Mark Moore
- 2.. Other Abusive Conduct
- 3.. Finalizing Agreements: The Drafting Process
- Scenario Developments
- Dante's Appliance & Audio v. Johnnie Chu
- B.. Special Problems for Lawyers in the Intermediary Role
- Chapter 6. Advocacy and Adversary System Activities
- A.. The Ethics of Advocacy Conceptualized
- B.. Limits on Zeal: Litigation Advocacy Outside the Courtroom
- 1.. Filing Pleadings and Other Court Papers
- Scenario Developments
- Dante's Appliance & Audio v. Marina Vukovic
- 2.. Special Limits on the Public Prosecutor
- 3.. Litigation-connected Investigation: Discovery
- Scenario Developments
- Dante's Appliance & Audio v. Marina Vukovic
- 4.. Other Limitations
- C.. Limits on Zeal: Litigation Advocacy Inside the Courtroom
- 1.. Treatment of Witness and other Issues of Evidence Presentation
- Scenario Developments
- State of Jefferson v. Max Hunt
- 2.. Argument
- 3.. Jurors
- 4.. Judges and Judicial Conduct
- a.. Impartiality - Passivity
- b.. Ex parte communications
- c.. Criticism of judges
- d.. Recusal
- Aetna Life Insurance Co. v. Lavoie
- 5.. Courtroom Conduct
- In Re McConnell
- 6.. Fraud on the Court and Perjury
- Scenario Developments
- Dante's Appliance & Audio v. Marina Vukovic
- State of Jefferson v. Max Hunt
- United States v. Mark Moore