Table of Contents
Summary of Contents
Contents
Acknowledgements
Chapter 1 Introduction
A. The Leo Frank Case: An Example of the Dimensions of Lawyers' Obligations
B. Sources of Lawyers' Obligations
C. An Overview of This Book
Chapter 2 The Client-Lawyer Relationship
A. Lawyers as Fiduciaries
B. Formation of the Client-Lawyer Relationship
C. Legal Fees and Expenses
D. Trust Accounts and Client Property
E. Power in the Client-Lawyer Relationship
F. Termination of the Client-Lawyer Relationship
Chapter 3. Loyalty
A. Introduction
B. Current Clients in a Single, Contested Litigation Matter
C. Current Clients in Unrelated Matters
D. Former Clients and Former Prospective Clients
E. Known Disputes Outside of Litigation
F. Law Reform Activities and Positional Conflicts
G. Prospective Client Consent to Representation of Conflicting Interests
H. Imputation of Conflicts, Movement Between Firms, and Screening to Avoid Conflicts
I. Co-Plaintiffs or Co-Defendants in Civil Litigation
J. Class Actions
K. Insurance Defense
L. Multiple Defendants in Criminal Cases
M. Transactional Matters with Common Objectives
N. Financial Interest Conflicts Between Lawyer and Client
O. Advocate-Witness Conflicts
Chapter 4. Confidentiality
A. Comparison of the Evidentiary Attorney-Client Privilege, the Work Product Doctrine, and the Professional Duty of Confidentiality
B. Interests Involved in Determining the Scope of the Duty of Confidentiality
C. Client Consent or Implied Authorization to Disclose Confidential Information
D. Disclosure of Confidential Information to Prevent Clients from Committing Wrongful Acts that Harm Others
E. Disclosure of Confidential Information to Rectify Past Criminal or Tortious Conduct by Clients
F. Counseling or Assisting Wrongful Client Conduct
G. Disclosure of Confidential Information in Self Defense
H. Candor to the Tribunal: Disclosure of Adverse Facts and Law
I. Special Disclosure Obligations of Prosecutors
J. Candor to the Tribunal: Disclosure of Client Perjury in Criminal Cases
K. Candor to the Tribunal: Disclosure of Perjury by Witnesses
L. Disclosure of Misconduct by Another Lawyer
Chapter 5. Zealousness and Its Limits
A. Introduction: A Theory of Limitations on Zealous Representation: Substantive and Remedial Principles
B. The Bona Fide Dispute Principle
C. The Impartial Decisionmaker Principle
D. Compliance with Procedural Rules
E. Negotiation
Chapter 6. Delivery of Legal Services
A. Indigents in Criminal Cases
B. Indigents in Civil Cases
C. Delivery of Legal Services to Individuals Able to Afford a Lawyer
D. Other Market Restrictions
Chapter 7. Lawyers in Public Positions: Judges and Government Lawyers
PART I: JUDICIAL CONDUCT
A. Selection of Judges
B. Standards of Conduct and Procedures for Discipline of Judges
C. Disqualification of State Judges
D. Disqualification of Federal Judges
E. Waiver or Remittal of Disqualification
F. Limitations on Judges' Extrajudicial Conduct and Activities
G. Restrictions on Judges' Political Activities
PART II: GOVERNMENT LAWYERS
H. The Role of the Government Lawyer and the Duty to Seek Justice
I. Confidentiality of Information: Government Lawyers and Wrongdoing by Government Officials
J. The "Revolving Door": Movement of Lawyers Into and Out of Government Practice
Conclusion. Problems and Prospects Facing the Legal Profession
Appendix A. Multiple Choice Questions with Analysis
Appendix B. Essay Questions with Model Answers
Table of Articles, Books, and Reports
Table of Cases
Table of Model Rules and Other Standards
Index