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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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Add 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 to the inventory that you are selling on WonderClubX
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Add 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 to your collection on WonderClub |