Ethics and the practice of law Book

(NOTE: Each chapter begins with an Introduction.)

1. Introduction.

2. Ethics and Justice.

John Rawls, The Rule of Law. Rolf E. Sartorius, The Just Society. Richard A. Posner, The Market and the Adversary System as Methods of Resource Allocation.

3. The Adversary System of Justice.

Selection from Bronston v. United States, (Chief Justice Burger). Marvin E. Frankel, The Search for Truth: An Umpireal View. Monroe H. Freedman, Judge Frankel's Search for Truth. Murray L. Schwartz, The Zeal of The Civil Advocate.

4. The Attorney and the System of Justice. Section I: Availability of Legal Service. Subsection A: Openness of the Legal Profession.

Selection from Turner v. American Bar Association, (Judge Garza). Selection from Hackin v. Lockwood, (Judge Barnes). Moses Apsan, “Assisting the Pro Se Litigant: Unauthorized Practice of Law or the Fulfillment of a Public Need?”

Subsection B: Counselling the Guilty and the Unpopular.

Selection from Johns v. Smyth, (Judge Walter E. Hoffman). Charles W. Wolfram, “A Lawyer's Duty to Represent Clients, Repugnant and Otherwise.”

Subsection C: Counselling the Poor.

Selection from In Re Meizlish, (Judge Swainson). Selection from N.A.A.C.P. v. Button, (Justice Brennan). Lester Brickman, “Of Arterial Passageways Through the Legal Process: The Right of Universal Access to Courts and Lawyering Services.”

Section II: Competence. Subsection A: Law School and Admission to Practice.

Selection from DeFunis v. Odegaard, (Justice Douglas). Warren E. Burger. “The Specialized Skills of Advocacy: Are Specialized Training and Certification of Advocates Essential to Our System of Justice?”

Subsection B: Continuing Competence.

Selection from U.S. v. DeCoster, (Judge Bazelon). James L. Oakes, “Lawyer and Judge: The Ethical Duty of Competency.”

Section III: Honesty.

Imbler v. Pachtman, (Judge Koelsch and Judge Kilkenny). In Re Ryder. Geoffrey C. Hazard, Jr., “The Lawyer's Obligation to be Trustworthy when Dealing with Opposing Parties.” Edwin H. Auler, “Actions Against Prosecutors Who Suppress or Falsify Evidence.”

5. The Attorney and the Client. Section I: Loyalty. Subsection A: Loyalty to the Client in General.

Selection fro People v. Heirens, (Justice Klingbiel). Charles Fried, “The Lawyer as Friend: The Moral Basis of the Lawyer- Client Relationship.”

Subsection B: Loyalty in Family Practice.

Klemm v. Superior Court of Fresno County, (Justice Brown). Kimberly Taylor Harbinson, “Family Law—Attorney Mediation of Matrimonial Disputes and Conflict of Interest Considerations.”

Subsection C: Loyalty and the Corporate Lawyer.

Selection from Hull v. Celanese Corporation, (District Judge Tenney). Ronald D. Rotunda, “Law, Lawyers, and Managers.”

Subsection D: The Move Between Government and Private Practice.

Selection from General Motors Corporation v. City of New York, (Chief Judge Kaufman). Geoffrey C. Hazard, Jr., “The Revolving Door.” Jack B, Weinstein, “Some Ethical and Political Problems of A Government Attorney.”

Section II: Confidentiality.

Selection from Whiteside v. Scurr, (Circuit Judge McMillian). John T. Noonan, Jr., “The Purposes of Advocacy and the Limits of Confidentiality.” Monroe H. Freedman, <169Perjury: The Criminal Defense Lawyer's Trilemma.”

Section III: Competence. Subsection A: Civil Malpractice.

Selection from Smith v. Lewis, (Judge Stevens). David K. Potel, “Criminal Malpractice: Threshold Barriers to Recovery Against Negligent Counsel.”