Problems and Materials on Professional Responsibility Book

	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