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Professional responsibility Book

Professional responsibility
Professional responsibility, Relied on by generations of law school students, the Emanuel Outlines include detailed reviews of key issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks., Professional responsibility has a rating of 2 stars
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Professional responsibility, Relied on by generations of law school students, the Emanuel Outlines include detailed reviews of key issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks., Professional responsibility
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  • Professional responsibility
  • Written by author James E. Moliterno
  • Published by Gaithersburg : Aspen Publishers, c2003., 2003/06/01
  • Relied on by generations of law school students, the Emanuel Outlines include detailed reviews of key issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks.
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Preface xxix
Casebook Correlation Chart xxxi
Capsule Summary 1
Chapter 1 Introduction and the Role of Lawyer
I. Courses Called Professional Responsibility, Legal Ethics, and Legal Profession 1
II. Moral Philosophy, Right and Wrong, and the Law Governing Lawyers 1
III. The Role of Lawyer 3
Chapter 2 Regulation of the Legal Profession
I. Organization of the Bar 10
II. Sources of Law Governing Lawyers 11
III. Admission to Practice 15
IV. Unauthorized Practice 18
V. Self-Governance and the Duty to Report Misconduct 20
Chapter 3 Controls on Lawyer Conduct
I. Discipline 27
II. Malpractice 32
III. Liability for Client Conduct 34
IV. Contempt of Court 34
V. Disqualification Motions and Other Litigation-driven Controls 35
Chapter 4 Formal Aspects of the Lawyer-Client Relationship
I. Undertaking Representation 42
II. Fees 46
III. Fiduciary Duties 50
IV. Competence and Diligence 52
V. Communication and Shared Decision-making 54
VI. Terminating Representation 58
Chapter 5 Confidentiality
I. The Duty of Confidentiality and the Attorney-Client Evidentiary Privilege 70
II. To Whom Is the Duty Owed? 74
III. To What Does the Duty Apply? 76
IV. Exceptions to the Duty of Confidentiality 76
V. Other Professional Duties that Are Subject to the Duty of Confidentiality 82
VI. Use of Confidential Information for the Lawyer's Benefit 83
Chapter 6 Conflict of Interests
I. Loyalty and Other General Principles 93
II. Organization of the Model Rules Provisions on Conflicts 93
III. Waiver of Conflicts 94
IV. Sources of Conflicts 97
V. Imputed Conflicts 107
VI. Special Role-related Conflicts Rules 109
Chapter 7 Duties to Third Parties
I. Truth-telling Outside the Court Context 123
II. Harassment and Other Abusive Conduct 126
III. Threatening Criminal Prosecution 128
IV. Communicating with Represented Persons 129
V. Communicating with Unrepresented Persons 132
VI. Civil Liability to Third Persons 133
Chapter 8 Duties to the Legal System and Society
I. Truth-telling Inside the Court Context 142
II. Suppressing Evidence and Witness Payment 147
III. Limitations on Presentations to a Court 149
IV. Obligation to Improve the Legal System 152
V. Limitations on Litigation Publicity 153
VI. Ex Parte Contact with Judges and Jurors 154
VII. Pro Bono Publico 156
Chapter 9 Special Role-Related Duties
I. Special Duties of Prosecutors 168
II. Special Duties of Supervising and Subordinate Lawyers 170
III. Lawyers as Intermediaries 173
IV. Ancillary Businesses 175
Chapter 10 Advertising and Solicitation
I. Traditional Distinctions between Advertising and Solicitation 182
II. Constitutional Limitations on Disciplinary Authority 182
III. General Constraints on All Communication Regarding Services 186
IV. Constraints Particular to Advertising 189
V. Constraints on In-Person and Live Telephone Solicitation 189
VI. Other Restrictions on Specific Solicitation 190
VII. Client-Getting on the Internet 191
VIII. Client-Getting's Relationship to Barratry, Maintenance, and Champerty 191
IX. Lawyer Agents 192
Chapter 11 Judicial Conduct
I. Sources of Judicial Conduct Law 197
II. Who Is a Judge? 198
III. General Judicial Attributes 199
IV. Personal Conduct and Activity Outside the Judicial Role 199
V. Judicial Duties 203
VI. Political Activities 211
VII. Liability for Civil Wrongs Committed 211
Essay Exam Questions 219
Essay Exam Answers 221
Multistate-Style Exam Questions 225
Multistate-Style Exam Answers 237
Table of Cases 239
Tableof Statutes, Rules, and Opinions 243
Index 247


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