Traversing the Ethical Minefield : Problems, Law, and Professional Responsibility

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Format: Hardcover
Pub. Date: 2004-03-01
Publisher(s): Wolters Kluwer
List Price: $112.00

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Summary

Short enough to provide focus, but long enough to convey the rich texture of the material, Susan Martyn and Lawrence Fox's Traversing the Ethical Minefield: Problems, Law and Ethics is a refreshing new alternative For The basic professional responsibility course. Written by authors who served on the Ethics 2000 commission and as advisors on the Restatement of the Law Governing Lawyers, The book balances cases, problems and thematic explanatory notes to supply full coverage of this important subject: Fifty-eight modern cases, five ethics opinions and insightful commentary about the profession illuminate the dynamic and growing body of law governing lawyers. Concise, accessible and realistic problems short scenarios confronted by the fictitious law firm of Martyn & Fox lead students beyond instinctive reactions to explore applications in practice. Entertaining short stories exemplify difficult ethical dilemmas that arise in law practice. A series of explanatory notes develops five pervasive themes in the material (Lawyers; Roles in Representing Clients, The Law Governing Lawyers, The Limits of the Law, Practice Pointers and Lawyers and Other Professionals), introduces critical commentary and offers alternative theoretical approaches. Complete, up-to-date coverage of the Revised Model Rules of Professional Conduct draws on the authors' experience in drafting the rules and shepherding them through the ABA House of Delegates. to maximize classroom effectiveness, The authors offer: an optional research problem in the appendix, designed to reach students to understand and use the basic primary and secondary authorities in the course of offering a reliable answer to a legal ethics question. A thorough Teacher's Manual that provides citations to relevant authority for each problem in the book, discussion of the issues raised in each problem and in the explanatory notes, segues to connect sections, chapters and themes in the materials and alternative syllabi for two- and three-hour course. This innovative casebook gives students a solid grasp of the laws & codes that will govern their professional activity and a revealing preview of the role of professional responsibility in practice.

Table of Contents

Preface xix
Acknowledgments xxiii
PART I: INTRODUCTION
Lawyers, Role, and Law
3(18)
Lawyers and Role
3(13)
Problems
3(1)
Freedman & Smith, Understanding Lawyers' Ethics
3(3)
Rhode, In the Interests of Justice: Reforming the Legal Profession
6(5)
Lawyers' Roles: The Client-Lawyer Relationship
11(5)
Lawyers and Law
16(5)
The Law Governing Lawyers: Sources of Law
16(5)
Judicial and Professional Regulation of Lawyers
21(38)
Bar Admission
22(12)
Problem
22(1)
In re Application of Converse
22(6)
Lawyers and Other Professionals: Professional Licensure
28(6)
Professional Discipline
34(25)
Problems
34(1)
Attorney U v. The Mississippi Bar
35(8)
State ex rel. Oklahoma Bar Association v. Busch
43(5)
The Law Governing Lawyers: Professional Discipline
48(11)
PART II: LAWYERS AND CLIENTS: FIDUCIARY DUTY
Deciding Whom to Represent
59(16)
Problems
61(1)
Court Appointments
61(7)
Bothwell v. Republic Tobacco Co.
61(7)
Pro Bono Service
68(7)
The Law Governing Lawyers: Service Pro Bono Publico
68(7)
Competence and Communication
75(46)
Who Is Your Client?
75(7)
Problem
75(1)
Togstad v. Vesely, Otto, Miller & Keefe
76(3)
Practice Pointers: Engagement, Nonengagement, and Disengagement Letters
79(3)
Competence
82(1)
Problems
82(1)
Communication
82(14)
Problem
82(1)
dePape v. Trinity Health Systems, Inc.
83(6)
Lawyers and Other Professionals: Malpractice Liability
89(7)
Misrepresentation
96(10)
Problem
96(1)
Greycas, Inc. v. Proud
96(5)
The Limits of the Law: Lawyer Dishonesty, Fraud, Deceit, and Misrepresentation
101(5)
Ineffective Assistance of Counsel
106(15)
Problem
106(1)
Roe v. Flores-Ortega
106(7)
The Law Governing Lawyers: Criminal Defense Representation
113(8)
Confidentiality
121(130)
Introduction
121(3)
Problems
121(2)
Matter of Anonymous
123(1)
Who Is Your Client?
124(8)
Problems
124(1)
Perez v. Kirk & Carrigan
125(2)
Lawyers' Roles: The Directive Lawyer and Fiduciary Duty
127(5)
Attorney-Client Privilege
132(20)
Problems
132(1)
Hughes v. Meade
133(2)
Dean v. Dean
135(1)
Upjohn Co. v. United States
136(5)
Swidler & Berlin v. United States
141(3)
The Limits of the Law: Court Orders
144(2)
ABA Formal Opinion 92-368
146(6)
Exceptions to Confidentiality
152(99)
Express or Implied Authority
152(1)
Problems
153(1)
In re Pressly
153(2)
Physical Harm
155(1)
Problems
155(1)
Hawkins v. King County
156(2)
Purcell v. District Attorney for the Suffolk District
158(3)
Spaulding v. Zimmerman
161(4)
Lawyers and Other Professionals: Duties to Third Persons
165(7)
Seeking Advice and Self-Defense
172(1)
Problems
173(1)
Meyerhofer v. Empire Fire & Marine Insurance Co.
173(3)
Financial Harm
176(1)
Problems
177(1)
United States v. Chen
178(5)
``The Opinion Letter''
183(6)
In re American Continental Corporation
189(7)
The Limits of the Law: Client Fraud
196(6)
Lawyers' Roles: The Instrumental Lawyer and the Limits of the Law
202(4)
Law or Court Order: Physical Evidence
206(1)
Problems
206(1)
In re Original Grand Jury Investigation
207(4)
People v. Belge
211(2)
New York Penal Law §205.50
213(1)
Law or Court Order: Practice Before a Tribunal
214(1)
Problems
215(1)
``Don't Ask, Don't Tell''
215(3)
People v. Casey
218(2)
The Limits of the Law: Criminal Conduct
220(4)
In re Forrest
224(3)
Matter of Hendrix
227(2)
United States v. Shaffer Equipment Co.
229(7)
Nix v. Whiteside
236(3)
Commonwealth v. Mitchell
239(6)
Lawyers' Roles: Zealous Representation Within the Bounds of the Law
245(6)
Loyalty
251(116)
Introduction
251(1)
Who Is Your Client?
252(5)
Problem
252(1)
``Shooting Yourself in the Foot''
252(5)
Remedies
257(8)
Maritrans GP Inc. v. Pepper, Hamilton & Scheetz
257(4)
The Law Governing Lawyers: Losing a Client by Disqualification or Injunction
261(4)
Personal Interests of the Lawyer
265(20)
Problems
265(1)
Monco v. Janus
266(5)
In re Halverson
271(7)
Lawyers and Other Professionals: Sexual Relationships with Clients
278(7)
Multiple Clients
285(39)
Aggregate Settlements
285(1)
Problem
285(1)
Burrow v. Arce
285(6)
The Law Governing Lawyers: Loss of Fee or Other Benefits
291(5)
Simultaneous Representation of Adversaries
296(1)
Problems
296(1)
Universal City Studios, Inc. v. Reimerdes
296(6)
Joint Clients
302(1)
Problems
302(1)
N.Y. St. Bar Opinion 736
302(4)
Lawyers and Other Professionals: Informed Consent
306(6)
Wolpaw v. General Accident Insurance Co.
312(2)
Matter of Disciplinary Proceedings Against Wildermuth
314(2)
A. v. B.
316(6)
Practice Pointers: Written Consents to Conflicts of Interest
322(2)
Positional Conflicts
324(1)
Problem
324(1)
Interests of a Third Person
324(11)
Problems
324(1)
In re Rules of Professional Conduct
325(5)
Paradigm Insurance Co. v. The Langerman Law Offices, P.A.
330(5)
Former Clients
335(9)
Problems
335(1)
Kanaga v. Gannett Company, Inc.
336(2)
Poly Software International, Inc. v. Su
338(6)
Government Lawyers
344(4)
Problem
344(1)
The Limits of the Law: Federal and State Conflict of Interest Provisions
345(3)
Imputed Conflicts
348(19)
Problems
348(1)
Kala v. Aluminum Smelting & Refining Company, Inc.
348(7)
The Law Governing Lawyers: Do Screens Work?
355(5)
``My Lawyer Switched Sides; Don't Worry, There's a Screen''
360(2)
Practice Pointers: Implementing a Conflicts Control System
362(5)
Fees and Client Property
367(34)
Hourly Fees
367(9)
Problems
367(1)
ABA Formal Opinion 93-379
368(3)
Matter of Fordham
371(5)
Contingent Fees
376(4)
Problems
376(1)
ABA Formal Opinion 94-389
376(4)
Statutory Fees
380(10)
Problem
380(1)
Gisbrecht v. Barnhart
381(4)
Practice Pointers: Fee Agreements
385(5)
Fees on Termination
390(11)
Problem
390(1)
Rosenberg v. Levin
390(3)
In re Sather
393(5)
Practice Pointers: Trust Fund Management
398(3)
Terminating the Relationship
401(20)
Problems
401(1)
Gilles v. Wiley, Malehorn & Sirota
402(4)
Crews v. Buckman Laboratories International Inc.
406(6)
Lawyers and Other Professionals: Wrongful Discharge
412(9)
PART III: LAWYERS AND JUSTICE: THE LIMITS OF ADVOCACY
The Limits of the Law
421(40)
Introduction
421(3)
Problem
421(1)
The Limits of the Law: A Reprise
421(3)
Reporting Requirements
424(5)
Problem
424(1)
Gerald B. Lefcourt, P.C. v. United States
424(5)
Frivolous Claims
429(6)
Problem
429(1)
Christian v. Mattel, Inc.
429(6)
Discovery Abuse
435(8)
Problem
435(1)
In re Tutu Wells Contamination Litigation
436(7)
Bias
443(3)
Problem
443(1)
In re Charges of Unprofessional Conduct
443(3)
Communication with Represented Persons
446(5)
Problems
446(1)
Messing, Rudavsky & Weliky, P.C. v. President & Fellows of Harvard College
447(4)
Communication with Judges and Jurors
451(3)
Matter of Disciplinary Proceedings Against Ragatz
451(3)
Lawyer as Witness
454(7)
Problem
454(1)
Stewart v. Bank of America, N.A.
455(6)
PART IV: LAWYERS AND SOCIETY: THE PROFESSION
Self-Regulation
461(44)
Restrictions on Practice
461(1)
Problems
461(1)
Inherent Power
461(4)
Problem
462(1)
Lloyd v. Fishinger
462(3)
Advertising and Solicitation
465(19)
Problems
465(1)
Florida Bar v. Went For It, Inc.
466(6)
Utah State Bar Advisory Opinion 99-04
472(5)
The Limits of the Law: The Constitution
477(7)
Federal Intervention
484(9)
Lawline v. American Bar Association
484(5)
Lawyers and Other Professionals: Concluding Thoughts
489(4)
Unauthorized Practice
493(12)
Problems
493(1)
Birbrower, Montalbano, Condon & Frank P.C. v. Superior Court
494(6)
Practice Pointers: Multijurisdictional and Multidisciplinary Practice
500(5)
Being a Lawyer
505(26)
Being a Professional
505(11)
Problems
505(1)
Kelly v. Hunton & Williams
505(7)
Mullison v. People
512(4)
Personality and Professionalism
516(15)
Seligman, Verkuil & Kang, ``Why Lawyers Are Unhappy''
516(8)
Lawyers' Roles: Finding Your Own Way
524(7)
Appendix: Researching the Law Governing Lawyers
531(10)
A. Research Problems
531(1)
B. Finding the Law Governing Lawyers
531(7)
C. Written Assignment
538(3)
Table of Cases 541(8)
Table of Model Rules, Restatements, and Other Regulations 549(6)
Index 555

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