Problems and Materials on Professional Responsibility / Edition 7

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Editorial Reviews

This text on legal ethics presents readings, discussions, cases, questions, and extensive notes and sources. Coverage includes background to the legal profession, regulation of the legal profession, the lawyer-client relationship, the requirement of loyalty to the client, and advising clients. There are also chapters on ethical problems in litigation, the delivery of legal services, and the ethical conduct of judges. The book includes tables of cases, statutes, and authorities. Morgan teaches law at Brigham Young University; Rotunda at the University of Illinois. Annotation c. Book News, Inc., Portland, OR (
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Product Details

  • ISBN-13: 9781566628273
  • Publisher: Foundation Press, Incorporated, The
  • Publication date: 12/28/1999
  • Series: University Casebook Series
  • Edition description: REVISED
  • Edition number: 7
  • Pages: 688

Table of Contents

Preface v
Table of Cases xiii
Table of Statutes xxxiii
Table of Authorities xli
Chapter I. The Legal Profession: Background and Fundamental Issues 1
A. Introduction 1
B. Development of the American Legal Profession 2
Morris, The Legal Profession in America on the Eve of the Revolution 4
Stevens, Democracy and the Legal Profession: Cautionary Notes 7
Changes in the Bar Over the Past Twenty-Five Years 10
C. The Development of Standards of Professional Conduct 11
D. Some Contributions From Moral Philosophy to the Study of Legal Ethics 13
1. The Ethics of Duty Versus the Ethics of Aspiration 14
2. Moral People Versus Moral Actions 16
3. Role Ethics Versus Common Ethical Standards 17
4. Consequential Versus Deontological Standards 19
5. The Ethic of Care 21
6. Personal Versus Social Ethics 22
E. The Matter of Professionalism 22
F. Introductory Problem 26
G. A Word on the Organization of this Book 27
Selected Bibliography on Issues in Chapter I 30
Chapter II. Regulation of the Legal Profession 41
Problem 1 Character and Fitness in Admission to the Bar 42
Readings: National Conference of Bar Examiners, Character & Fitness Questionnaire 53
Problem 2 The Disabled Lawyer and the Problem of Neglect 59
Readings: Steele & Nimmer, Lawyers, Clients and Professional Regulation 75
In re James H. Himmel 78
Problem 3 Regulating Lawyers Outside of the Formal Disciplinary System 81
Readings: Characteristics of Legal Malpractice: Report of the National Legal Malpractice Data Center 96
Wolkin, A Better Way to Keep Lawyers Competent 96
Selected Bibliography on Issues in Chapter I 99
Chapter III. Fundamentals of the Lawyer-Client Relationship 103
Problem 4 The Relation of Lawyer and Client 103
Readings: People v. Bloom 109
Problem 5 The Duty of Confidentiality 112
Readings: Memorandum of Law-Attorney-Client Privilege 123
Proposed Federal Rule 503 125
Proposed Federal Rule 511 126
Problem 6 More on the Duty of Confidentiality 127
Readings: Upjohn Co. v. United States 135
Problem 7 Setting Legal Fees 140
Readings: Goldfarb v. Virginia State Bar 146
Grady, Some Ethical Questions About Percentage Fees 149
Problem 8 Limits on Techniques for Collecting a Fee 152
Selected Bibliography on Issues in Chapter III 163
Chapter IV. The Requirement of Loyalty to the Client 168
Problem 9 Representing Multiple Parties Dealing With Each Other 169
Readings: Excerpts from the Restatement (Third) The Law Governing Lawyers 175
Problem 10 The Duty of Loyalty 176
Readings: Cinema 5, Ltd. v. Cinerama, Inc. 190
ABA Formal Opinion 345 192
Problem 11 Conflict of Interest in Criminal Litigation 194
Problem 12 Conflicts Between Client Interests and the Lawyer's Personal Interest 204
Readings: Committee on Professional Ethics & Conduct v. Mershon 211
Problem 13 Representing the Insured and the Insurer 215
Readings: Parsons v. Continental National American Group 224
Problem 14 The Lawyer and Her Former Client 227
Problem 15 Imputed Disqualification 237
Readings: ABA Formal Opinion 340 252
Problem 16 Special Problems of Government Lawyers 253
Readings: ABA Formal Opinion 342 261
Selected Bibliography on Issues in Chapter IV 267
Chapter V. Advising Clients 273
Problem 17 The Lawyer as Adviser 274
Readings: Cahn, Inconsistent Stories 283
Problem 18 Advising the Business Corporation 288
Readings: Freedman, Must You Be the Devil's Advocate? 300
Tigar, Setting the Record Straight on the Defense of John Demjanjuk 303
Freedman, The Morality of Lawyering 306
Problem 19 Contact with Represented and Unrepresented Persons 307
Problem 20 The Ethics of Negotiation 319
Problem 21 The Lawyer as Evaluator 328
Readings: ABA Formal Opinion 335 337
Note on the ABA's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information 341
Problem 22 Obligations When the Client May Be Engaged in Fraud 344
Readings: In re American Continental Corporation/Lincoln Savings and Loan Securities Litigation 353
Selected Bibliography on Issues in Chapter V 357
Chapter VI. Ethical Problems in Litigation 364
Problem 23 The Decision to File a Civil Suit 364
Problem 24 Litigation Tactics 374
Readings: United States v. Thoreen 383
Problem 25 Disclosure of Law or Facts Favorable to the Other Side 386
Readings: Frankel, The Search for Truth: An Umpireal View 397
Freedman, Judge Frankel's Search for Truth 402
Problem 26 Handling Physical Evidence 404
Readings: In re Richard R. Ryder 413
Problem 27 The Client Who Intends to Commit Perjury 417
Readings: Freedman, Perjury: The Lawyer's Trilemma 426
Nix v. Whiteside 432
Problem 28 The Verdict That May Be Tainted 441
Readings: ABA Formal Opinion 339 447
Problem 29 The Crusading Prosecutor 450
Readings: Press Release: Office of the Independent Counsel 466
Problem 30 The Duty to See Justice Done 467
Readings: Spaulding v. Zimmerman 474
Selected Bibliography on Issues in Chapter VI 476
Chapter VII. The Delivery of Legal Services 485
Problem 31 Professional Advertising 486
Readings: An Introductory Note to the Bates Decision 494
Bates v. State Bar of Arizona 495
Zauderer v. Office of Disciplinary Counsel 503
Problem 32 Solicitation of Legal Business 508
Readings: Ohralik v. Ohio State Bar Association 516
In re Primus 522
Problem 33 The Ethics of Referral to a Specialist 530
Readings: Mindes, Lawyer Specialty Certification: The Monopoly Game 537
In re R.M.J. 539
Peel v. Attorney Registration and Discipinary Commission 541
Problem 34 Responsibilities of Lawyers to Others in Their Firm 546
Problem 35 The Duty to Work for No Compensation 561
Readings: Marks, The Lawyer, The Public and Professional Responsibility 569
ABA Special Committee on Public Interest Practice, Implementing the Lawyer's Public Interest Obligation 571
ABA Formal Opinion 348 573
Problem 36 Problems in Class Action Representation 577
Problem 37 Group Legal Services Plans 589
Readings: Brotherhood of Railroad Trainmen v. Virginia ex rel. Va. State Bar 595
Morrison, Bar Ethics: Barrier to the Consumer 597
Sorenson, Bar Ethics: Guardian of the Profession 598
Problem 38 The Unauthorized Practice of Law 599
Readings: Morgan, The Evolving Concept of Professional Responsibility 610
Selected Bibliography on Issues in Chapter VII 615
Chapter VIII. The Ethical Conduct of Judges 623
Problem 39 Financial Grounds for Disqualification 623
Problem 40 The Judge Identified With a Strong Policy Position 630
Readings: Rehnquist, Sense and Nonsense About Judicial Ethics 638
Problem 41 The Judge as a Political Candidate 642
Readings: Justices of Appellate Division v. Erdmann 651
Braithwaite, Who Judges the Judges? 654
Problem 42 The Overly Active Federal Judge 655
Alschuler, Courtroom Misconduct by Prosecutors and Trial Judges 664
Selected Bibliography on Issues in Chapter VIII 669
Index 673
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