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Summary of Contents
Contents
Table of Problems
Preface for Teachers and Students
Acknowledgments
Introduction
A. Ethics, morals, and professionalism
B. Some central themes in this book
C. The structure of this book
D. The rules quoted in this book: A note on sources
E. Stylistic decisions
Chapter 1: The Regulation of Lawyers
A. Institutions that regulate lawyers
B. State ethics codes
C. Admission to practice
Chapter 2: Lawyer Liability
A. Professional discipline
B. Civil liability of lawyers
C. Criminal liability of lawyers
Chapter 3: The Duty to Protect Client Confidences
A. The basic principle of confidentiality
B. Exceptions to the duty to protect confidences
C. Use or disclosure of confidential information for personal gain or to benefit another client
D. Talking to clients about confidentiality
Chapter 4: The Attorney-Client Privilege and the Work Product Doctrine
A. Confidentiality and attorney-client privilege compared
B. The elements of attorney-client privilege
C. Waiver
D. The crime-fraud exception
E. The death of the client
F. The work product doctrine
G. The attorney-client privilege for corporations
H. The attorney-client privilege for government officials
Chapter 5: Relationships Between Lawyers and Clients
A. Formation of the lawyer-client relationship
B. Lawyers’ responsibilities as agents
C. Lawyers’ duties of competence, honesty, communication, and diligence
D. Who calls the shots?
E. Terminating a lawyer-client relationship
Chapter 6: Conflicts of Interest: Current Clients
A. An introduction to conflicts of interest
B. General principles in evaluating concurrent conflicts
C. Conflicts between current clients in litigation
D. Conflicts involving prospective clients
Chapter 7: Current Client Conflicts in Particular Practice Settings
A. Representing both parties to a transaction
B. Representing organizations
C. Representing co-defendants in criminal cases
D. Representing family members
E. Representing insurance companies and insured persons
Chapter 8: Conflicts Involving Former Clients
A. Nature of conflicts between present and former clients
B. Duties to former clients
C. Distinguishing present and former clients
D. Evaluating successive conflicts
E. Addressing former client conflicts in practice
F. Conflicts between the interests of a present client and a client who was represented by a lawyer’s former firm
G. Imputation of former client conflicts to affiliated lawyers
Chapter 9: Conflicts Between Lawyers and Clients
A. Legal fees
B. Lawyer as custodian of client property and documents
C. Conflicts with lawyers’ personal or business interests
Chapter 10: Conflicts Issues for Government Lawyers and Judges
A. Regulation of government lawyers and those who lobby them
B. Successive conflicts of former and present government lawyers
C. Conflicts involving judges, arbitrators, and mediators
Chapter 11: Lawyers’ Duties to Courts
A. Being a good person in an adversary system
B. Investigation before filing a complaint
C. Truth and falsity in litigation
D. Concealment of physical evidence and documents
E. The duty to disclose adverse legal authority
F. Disclosures in ex parte proceedings
G. Improper influences on judges and juries
H. Lawyers’ duties in nonadjudicative proceedings
Chapter 12: Lawyers’ Duties to Adversaries and Third Persons
A. Communications with lawyers and third persons
B. Duties of prosecutors
C. Conduct prejudicial to the administration of justice
D. Are lawyers really too zealous?
Chapter 13: The Provision of Legal Services
A. The unmet need for legal services
B. Sources of free legal services for those who cannot afford legal fees
Chapter 14: The Evolving Business of Law Practice
A. Developments in the regulation of law practice
B. Changes in private law practice
About the Authors
Table of Articles, Books, and Reports
Table of Cases
Table of Rules, Restatements, Statutes, Bar Opinions, and Other Standards
Index