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An Introduction to Professional Responsibility by Nathan M. Crystal

An Introduction to Professional Responsibility
by Nathan M. Crystal
List Price: $45.00   Wholesale bookstore prices
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Imprint: Aspen Publishers
Published: 3/4/1998  Previous edition copyright dates
ISBN: 9781567066982
Format: Paperback
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This brief thoughtful overview of professional responsibility issues can be used along side any professional responsibility casebook key cases and effective problems help students probe the lawyer's obligations to clients, the legal system, third parties, and the public.

Crystal draws on legal, professional, and ethical standards to describe and critically examine significant principles and rules that constrain professional conduct. He skillfully integrates a practical discussion of the source of these repsonibilities -- ABA Codes, Ethics Advisory Opinions, specific states codes and practice norms, statutory law, and case decisions -- with careful consideration of the policy implications of professional responsibility.

Tackling the most important subjects one at a time, Introduction to Professional Responsibility opens with an introductory chapter on the scope of lawyer's obligations, then progresses to:

  • The Lawyer-Client relationship
  • Loyalty, including actual and potential conflicts of interest
  • Confidentiality
  • Zealousness and Its Limits
  • Delivery of Legal services
  • Lawyers in Public Positions: Judges and Government Lawyers

    As students explore the philosophy of lawyering through the pages of this book, they will also confront basic principles of ethics and morality.

    Thoroughly researched, well written, and soundly reasoned, Introduction to Professional Responsibility helps future lawyers recognize that professional conduct has deeper, more important dimensions than mere technical competence.

    1. 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

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