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Problems and Materials on Professional Responsibility / Edition 7

Problems and Materials on Professional Responsibility / Edition 7

by Thomas D. Morgan, Ronald D. Rotunda

ISBN-10: 156662827X

ISBN-13: 9781566628273

Pub. Date: 12/28/1999

Publisher: Foundation Press, Incorporated, The

Product Details

Foundation Press, Incorporated, The
Publication date:
University Casebook Series
Edition description:
Product dimensions:
7.87(w) x 10.24(h) x (d)

Table of Contents

Table of Casesxiii
Table of Statutesxxxiii
Table of Authoritiesxli
Chapter I.The Legal Profession: Background and Fundamental Issues1
B.Development of the American Legal Profession2
Morris, The Legal Profession in America on the Eve of the Revolution4
Stevens, Democracy and the Legal Profession: Cautionary Notes7
Changes in the Bar Over the Past Twenty-Five Years10
C.The Development of Standards of Professional Conduct11
D.Some Contributions From Moral Philosophy to the Study of Legal Ethics13
1.The Ethics of Duty Versus the Ethics of Aspiration14
2.Moral People Versus Moral Actions16
3.Role Ethics Versus Common Ethical Standards17
4.Consequential Versus Deontological Standards19
5.The Ethic of Care21
6.Personal Versus Social Ethics22
E.The Matter of Professionalism22
F.Introductory Problem26
G.A Word on the Organization of this Book27
Selected Bibliography on Issues in Chapter I30
Chapter II.Regulation of the Legal Profession41
Problem 1Character and Fitness in Admission to the Bar42
Readings: National Conference of Bar Examiners, Character & Fitness Questionnaire53
Problem 2The Disabled Lawyer and the Problem of Neglect59
Readings: Steele & Nimmer, Lawyers, Clients and Professional Regulation75
In re James H. Himmel78
Problem 3Regulating Lawyers Outside of the Formal Disciplinary System81
Readings: Characteristics of Legal Malpractice: Report of the National Legal Malpractice Data Center96
Wolkin, A Better Way to Keep Lawyers Competent96
Selected Bibliography on Issues in Chapter I99
Chapter III.Fundamentals of the Lawyer-Client Relationship103
Problem 4The Relation of Lawyer and Client103
Readings: People v. Bloom109
Problem 5The Duty of Confidentiality112
Readings: Memorandum of Law-Attorney-Client Privilege123
Proposed Federal Rule 503125
Proposed Federal Rule 511126
Problem 6More on the Duty of Confidentiality127
Readings: Upjohn Co. v. United States135
Problem 7Setting Legal Fees140
Readings: Goldfarb v. Virginia State Bar146
Grady, Some Ethical Questions About Percentage Fees149
Problem 8Limits on Techniques for Collecting a Fee152
Selected Bibliography on Issues in Chapter III163
Chapter IV.The Requirement of Loyalty to the Client168
Problem 9Representing Multiple Parties Dealing With Each Other169
Readings: Excerpts from the Restatement (Third) The Law Governing Lawyers175
Problem 10The Duty of Loyalty176
Readings: Cinema 5, Ltd. v. Cinerama, Inc.190
ABA Formal Opinion 345192
Problem 11Conflict of Interest in Criminal Litigation194
Problem 12Conflicts Between Client Interests and the Lawyer's Personal Interest204
Readings: Committee on Professional Ethics & Conduct v. Mershon211
Problem 13Representing the Insured and the Insurer215
Readings: Parsons v. Continental National American Group224
Problem 14The Lawyer and Her Former Client227
Problem 15Imputed Disqualification237
Readings: ABA Formal Opinion 340252
Problem 16Special Problems of Government Lawyers253
Readings: ABA Formal Opinion 342261
Selected Bibliography on Issues in Chapter IV267
Chapter V.Advising Clients273
Problem 17The Lawyer as Adviser274
Readings: Cahn, Inconsistent Stories283
Problem 18Advising the Business Corporation288
Readings: Freedman, Must You Be the Devil's Advocate?300
Tigar, Setting the Record Straight on the Defense of John Demjanjuk303
Freedman, The Morality of Lawyering306
Problem 19Contact with Represented and Unrepresented Persons307
Problem 20The Ethics of Negotiation319
Problem 21The Lawyer as Evaluator328
Readings: ABA Formal Opinion 335337
Note on the ABA's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information341
Problem 22Obligations When the Client May Be Engaged in Fraud344
Readings: In re American Continental Corporation/Lincoln Savings and Loan Securities Litigation353
Selected Bibliography on Issues in Chapter V357
Chapter VI.Ethical Problems in Litigation364
Problem 23The Decision to File a Civil Suit364
Problem 24Litigation Tactics374
Readings: United States v. Thoreen383
Problem 25Disclosure of Law or Facts Favorable to the Other Side386
Readings: Frankel, The Search for Truth: An Umpireal View397
Freedman, Judge Frankel's Search for Truth402
Problem 26Handling Physical Evidence404
Readings: In re Richard R. Ryder413
Problem 27The Client Who Intends to Commit Perjury417
Readings: Freedman, Perjury: The Lawyer's Trilemma426
Nix v. Whiteside432
Problem 28The Verdict That May Be Tainted441
Readings: ABA Formal Opinion 339447
Problem 29The Crusading Prosecutor450
Readings: Press Release: Office of the Independent Counsel466
Problem 30The Duty to See Justice Done467
Readings: Spaulding v. Zimmerman474
Selected Bibliography on Issues in Chapter VI476
Chapter VII.The Delivery of Legal Services485
Problem 31Professional Advertising486
Readings: An Introductory Note to the Bates Decision494
Bates v. State Bar of Arizona495
Zauderer v. Office of Disciplinary Counsel503
Problem 32Solicitation of Legal Business508
Readings: Ohralik v. Ohio State Bar Association516
In re Primus522
Problem 33The Ethics of Referral to a Specialist530
Readings: Mindes, Lawyer Specialty Certification: The Monopoly Game537
In re R.M.J.539
Peel v. Attorney Registration and Discipinary Commission541
Problem 34Responsibilities of Lawyers to Others in Their Firm546
Problem 35The Duty to Work for No Compensation561
Readings: Marks, The Lawyer, The Public and Professional Responsibility569
ABA Special Committee on Public Interest Practice, Implementing the Lawyer's Public Interest Obligation571
ABA Formal Opinion 348573
Problem 36Problems in Class Action Representation577
Problem 37Group Legal Services Plans589
Readings: Brotherhood of Railroad Trainmen v. Virginia ex rel. Va. State Bar595
Morrison, Bar Ethics: Barrier to the Consumer597
Sorenson, Bar Ethics: Guardian of the Profession598
Problem 38The Unauthorized Practice of Law599
Readings: Morgan, The Evolving Concept of Professional Responsibility610
Selected Bibliography on Issues in Chapter VII615
Chapter VIII.The Ethical Conduct of Judges623
Problem 39Financial Grounds for Disqualification623
Problem 40The Judge Identified With a Strong Policy Position630
Readings: Rehnquist, Sense and Nonsense About Judicial Ethics638
Problem 41The Judge as a Political Candidate642
Readings: Justices of Appellate Division v. Erdmann651
Braithwaite, Who Judges the Judges?654
Problem 42The Overly Active Federal Judge655
Alschuler, Courtroom Misconduct by Prosecutors and Trial Judges664
Selected Bibliography on Issues in Chapter VIII669

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