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    Legal ethics in a nutshell / by Ronald D. Rotunda.

    Bibliographic Record Display

    • Title:Legal ethics in a nutshell / by Ronald D. Rotunda.
    •    
    • Variant Title:Legal ethics
    • Author/Creator:Rotunda, Ronald D.
    • Published/Created:St. Paul, MN : West, ©2013.

    • Holdings

      Holdings Record Display

       
    • Library of Congress Subjects:Legal ethics--United States.
    • Edition:4th ed.
    • Description:xxxiv, 538 p. ; 19 cm.
    • Series:Nutshell series.
    • Notes:Includes index.
    • ISBN:9780314282248
      0314282246
    • Contents:Machine generated contents note: 1. Historical Perspective
      A. Hoffman Resolutions
      B. Sharswood's Lectures
      C. ABA Canons of Professional Ethics
      D. ABA Model Code of Professional Responsibility
      2. ABA Model Rules of Professional Conduct
      A. Kutak Commission and the 1983 Model Rules
      B. Role of the Comments
      C. "Ethics 2000"
      D. Restatement (Third) of the Law Governing Lawyers
      3. Brief Note on the Terminology of Legal Ethics
      4. Relationship of Legal Ethics With Other Law
      5. Public Image of Lawyers
      6. Introductory Sections of the Model Rules of Professional Conduct
      A. Preamble
      B. Scope
      C. Terminology: Rule 1.0
      Rule 1.1 Competence
      1. Experience Versus Competence
      2. Malpractice and Competence
      Rule 1.2 Scope Of Representation And Allocation Of Authority
      1. Creation of the Attorney-Client Relationship
      2. Allocation of Authority Between Client and Lawyer
      3. Counseling or Assisting the Client in Criminal or Fraudulent Conduct
      Rule 1.3 Diligence
      Rule 1.4 Communication
      Rule 1.5 Fees
      1. Factors That Determine Whether a Fee Is Reasonable
      2. Fee Disputes
      3. Contingent Fees
      A. Common Objections Raised Against Contingent Fees
      B. When the Rules Prohibit Contingent Fees
      C. When the Rules Allow Contingent Fees
      4. Referral Fees and Sharing Fees
      A. Basic Rules
      B. Comparing Referral Fees to the Sale of a Law Practice
      C. Referral Fees and Hiring of Law-Temps
      5. Hourly Fees
      6. Charging for Disbursements
      Rule 1.6 Confidentiality Of Information
      1. Introduction
      2. Inadvertent Disclosure
      A. Case of the Inadvertent Fax or Email
      B. Using Insecure Modern Communications Methods
      C. Emails When the Adversary Controls the Server
      D. Metadata
      E. Selective Waiver
      3. Lawyers Consulting With Other Lawyers (in Different Law Firms), When They Are Not Associated in a Matter
      4. Prospective Client
      5. Former Client
      A. Confidential Obligations to Former Clients as Creating Conflicts of Interest
      B. Death of the Client
      6. Co-Plaintiffs or Co-Defendants of a Client: Confidential Duties Owed to Persons Other Than Clients or Former Clients
      7. Law Firm's Supervisory Responsibilities Over Its Agents Regarding Attorney-Client Confidences
      8. Government Lawyers and the Attorney-Client Privilege
      9. Client Waiver
      -Express and Implied
      10. Revealing Confidential Information Without a Waiver: Some Special Cases
      A. When Required or Permitted by Other Ethics Rules, Other Law, or a Court Order
      B. When Necessary for the Lawyer to Establish a Claim or Defense in a Controversy With the Client, When Necessary to Defend Against Any Civil or Criminal Charge, and When Necessary to Secure the Lawyer's Fee
      C. When the Client Intends to Commit a Future Crime, or When Death or Bodily Harm Is Reasonably Certain but Not "Imminent"
      (i). Basic Provisions
      (ii). When an Innocent Person May Be Convicted
      (iii). Crime-Fraud Exception in the Law of Evidence
      D. Tort Liability and the Lawyer's Discretion to Reveal
      E. Proposed Client Wrongdoing and a "Noisy Withdrawal"
      F. Offering False Evidence and the Rule of Candor Toward a Tribunal
      G. To Resolve Conflicts of Interest
      Rule 1.7 Conflicts Of Interest
      -Current Clients
      1. Introduction
      A. Basic Rationales
      B. Consent: The General Principle
      2. Simultaneous Representation of Multiple Clients in Related Matters
      3. Simultaneously Representing Adverse Clients in Unrelated Matters
      4. Securing Consent
      A. Full Disclosure
      B. Prospective Waivers
      5. Hot Potato Doctrine
      6. Special Problem Areas
      A. Estate Planning
      B. Examining a Present Client as Adverse Witness
      C. Multiple Representations in Criminal Cases: The Problem of Constitutionally Adequate Representation
      D. Representing Government Entities and Private Clients Simultaneously
      E. Job Negotiations Between Lawyer for One Party and Lawyer for Adverse Party
      F. Idiosyncratic Personal Interests of a Lawyer
      G. Lawyers as Members of Unions
      H. Lawyer as Director of the Corporate Client
      I. Insurer and the Insured
      J. Positional Conflicts
      K. Motions of One Lawyer to Disqualify the Opposing Lawyer
      Rule 1.8 Conflict Of Interest-Current Clients: Specific Rules
      1. Rule 1.8(a)
      -Business Dealings With the Client
      2. Rule 1.8(b)
      -Using Client Information
      3. Rule 1.8(c)
      -Accepting Gifts From Clients
      4. Rule 1.8(d)
      -Publication Rights
      5. Rule 1.8(e)
      -The Lawyer's Financial Advances to the Client
      6. Rule 1.8(f)
      -Accepting Money From a Non-Client as Compensation to Represent a Client
      A. General Issue
      B. Insurer and the Insured
      7. Rule 1.8(g)
      -Aggregate Settlements
      8. Rule 1.8(h)
      -Limiting the Lawyer's Liability for Malpractice
      A. Prospective Limitations of Liability
      B. Subsequent Limitations of Liability
      9. Lawyers Related by Blood or Marriage
      10. Rule 1.8(i)
      -Acquiring a Propriety Interest in the Client's Cause of Action
      A. Liens
      B. Contingency Fees as Proprietary Interests
      11. Rule 1.8(j)
      -Sexual Relations With Clients
      Rule 1.9 Duties To Former Clients
      1. Introductory Note on the Distinction Between Rule 1.9 and Rule 1.10
      2. Rule 1.9(a)
      3. Rule 1.9(b)
      4. Using Client Information to the Client's Disadvantage
      5. Waiver
      A. Bringing Home to the Client the Significance of the Information Communicated Regarding the Waiver
      B. Prospective Waivers of Rule 1.9 Conflicts
      Rule 1.10 Imputation Of Conflicts Of Interest
      1. Introduction
      2. Waiver and "Screening"
      3. Rule 1.10(a): Lawyers Currently Associated in a Firm
      A. Defining the "Firm"
      B. Ethics Rules Implicated by Rule 1.10(a)
      C. Lawyer Temps or Temporaries
      D. Paralegals, Legal Secretaries, and Law Students
      E. "Of Counsel" Relationship
      4. Rule 1.10 (b): Imputed Disqualification When a Lawyer Leaves the Firm
      5. Sanctions
      Rule 1.11 Special Conflicts Of Interest For Former And Current Government Officers And Employees
      1. Introduction to the Ethics Rules Governing "The Revolving Door" Between the Lawyer Moving Between Government Service and Private Practice
      2. Government Lawyer Moving into Private Practice
      A. General
      B. Imputation, Waiver, and Screening of Conflicts
      C. Confidential Governmental Information
      D. Negotiating for Private Employment
      E. Judicial Law Clerks
      3. Private Lawyer Moving into Government Practice
      Rule 1.12 Former Judge, Arbitrator, Mediator Or Other Third Party Neutral
      1. Former Judges and Other Third-Party Neutrals
      2. Law Clerks
      Rule 1.13 Organization As A Client
      1. Introduction
      2. Actual or Apparent Representation of the Organization and One or More of Its Constituents
      3. Representing Trade Associations
      4. Derivative Suits
      5. Corporate Family Issues
      A. Entity Theory
      B. Situations Where the Courts May "Pierce the Corporate Veil" for Conflicts Purposes
      C. Representing Government Entities While Simultaneously Representing Private Parties
      Rule 1.14 Client With Diminished Capacity
      Rule 1.15 Safekeeping Property
      1. General Rule
      2. Disputes Regarding Trust Fund Property
      3. Audits of Trust Fund Accounts
      4. Interest Earned on Client Trust Funds
      Rule 1.16 Declining Or Terminating Representation
      1. Accepting a Case
      2. Terminating Representation
      A. General Principles
      B. Wrongful Discharge
      C. Mandatory and Permissive Withdrawal
      Rule 1.17 Sale Of Law Practice
      1. General Rule on Selling a Practice
      2. Death of a Lawyer
      Rule 1.18 Duties To Prospective Clients
      Rule 2.1 Lawyer As Advisor
      Rule 2.2 Intermediary
      Rule 2.3 Evaluation For Use By Third Persons
      Rule 2.4 Lawyer Serving As Third-Party Neutral
      Rule 3.1 Meritorious Claims And Contentions
      1. Meritorious v. Frivolous Claims
      2. Nondisciplinary Sanctions for Frivolous Advocacy
      Rule 3.2 Expediting Litigation
      Rule 3.3 Candor Toward The Tribunal
      1. Introduction
      2. Making False Statements of Fact or Law: Rule 3.3(a)(1)
      3. Disclosure of Adverse Legal Authority: Rule 3.3(a)(2)
      4. Offering Evidence That the Lawyer Knows or Comes to Know Is False: Rule 3.3(a)(3)
      5. Remedies: Withdrawal From the Case and Protection of a Client's Secrets: Rule 3.3(b)
      6. Time Limits on the Lawyer's Duty to Disclose: Rule 3.3(c)
      7. Ex Parte Proceedings: Rule 3.3(d)
      Rule 3.4 Fairness To The Opposing Party And Counsel
      1. Distinction Between the Lawyer's Duties of Candor to the Court and the Duty of Fairness to Opposing Counsel
      2. Obstructing Access to Evidence
      A. Lawyer's or Client's Obstruction of Physical Evidence of a Crime
      B. Discovery Abuses in Civil Cases
      3. Money Payments to Fact and Expert Witnesses
      4. Coaching Witnesses, Preparing Witnesses, and Counseling a Witness to Testify Falsely
      5. Responses to Discovery Requests
      6. Disobeying a Tribunal's Orders
      7. Trial Tactics, Inadmissible Evidence, and Closing Arguments
      8. Asking Witnesses Not to Volunteer Information
      Rule 3.5 Impartiality And Decorum Of The Tribunal
      Rule 3.6 Trial Publicity
      Rule 3.7 Lawyer As Witness
      Rule 3.8 Special Responsibilities Of A Prosecutor
      1. Introduction
      2. Criminal Cases
      Rule 3.9 Advocate In Nonadjudicative Proceedings
      Rule 4.1 Truthfulness In Statements To Others
      Contents note continued: Rule 4.2 Communication With A Person Represented By Counsel
      1. General Principle
      2. Securing Consent From the Person's Lawyer: The Rule, and Sanctions for Its Breach
      3. Criminal Prosecutions
      4. Some Limitations on the Coverage of Rule 4.2
      5. Employees and Agents of Organizations and Other Parties
      Rule 4.3 Dealing With Unrepresented Person
      Rule 4.4 Respect For Rights Of Third Persons
      Rule 5.1 Responsibilities Of Partners, Managers, And Supervisory Lawyers
      Rule 5.2 Responsibilities Of A Subordinate Lawyer
      Rule 5.3 Responsibilities Regarding Nonlawyer Assistants
      Rule 5.4 Professional Independence Of A Lawyer
      1. Sharing Fees With Laypeople
      2. Sharing Managerial Responsibility with Nonlawyers
      Rule 5.5 Unauthorized Practice Of Law; Multijurisdictional Practice Of Law
      1. Defining the "Practice of Law"
      2. Rationale and Sanctions for Unauthorized Practice
      3. Aiding in the Unauthorized Practice of Law
      A. Pro se Litigants
      B. Aiding Disbarred or Suspended Lawyers in the Practice of Law
      C. Practice of Law by Corporations, Associations, and Partnerships
      D. Jurisdictional Limitations and Crossing State Lines
      Rule 5.6 Restrictions On Right To Practice
      Rule 5.7 Responsibilities Regarding Law-Related Services
      Rule 6.1 Voluntary Pro Bono Publico Service
      Rule 6.2 Accepting Appointments
      Rule 6.3 Membership In Legal Services Organizations
      Rule 6.4 Law Reform Activities Affecting Client Interests
      Rule 6.5 Non-Profit And Court-Annexed Limited Legal-Services Programs
      Rule 7.1 Communications Concerning A Lawyer's Services
      1. Origins of the Restrictions on Legal Advertising
      2. Bates Case and Its Progeny
      A. Allegedly Misleading Advertising
      B. Solicitation of Legal Business
      3. Overarching Principle: No Misleading Speech
      Rule 7.2 Advertising
      Rule 7.3 Direct Contact With Prospective Clients
      1. Introduction
      2. Departing Lawyers Soliciting Clients of the Former Law Firm
      3. Solicitation and Legal Service Plans
      4. Solicitation and "Real-Time" Electronic Solicitation
      Rule 7.4 Communication Of Fields Of Practice And Specialization
      Rule 7.5 Firm Names And Letterheads
      Rule 7.6 Political Contributions To Obtain Government Legal Engagements Or Appointments By Judges
      Rule 8.1 Bar Admission And Disciplinary Matters
      Rule 8.2 Judicial And Legal Officials
      Rule 8.3 Reporting Professional Misconduct
      1. Lawyer's Role Regarding Reporting Disciplinable Violations of Lawyers
      2. Different Reporting Obligation of the Model Rules
      3. Applicability of Privileges
      4. Reporting Misconduct of Judges
      Rule 8.4 Misconduct
      1. Defining Professional Misconduct
      2. Categories of Misconduct
      A. Violating or Attempting to Violate a Disciplinary Rule: Rule 8.4(a)
      B. Violating a Disciplinary Rule Through Another: Rule 8.4(a)
      C. Criminal Acts: Rule 8.4(b)
      D. Conduct Involving Dishonesty: Rule 8.4(c)
      E. Conduct Prejudicial to the Administration of Justice: Rule 8.4(d)
      F. Implying an Ability to Influence Improperly a Government Official: Rule 8.4(e)
      G. Assisting a Judicial Official to Violate the Judicial Code: Rule 8.4(f)
      Rule 8.5 Disciplinary Authority: Choice Of Law.
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