ETHICAL PROBLEMS IN THE PRACTICE OF LAW SECOND EDITIONpdf电子书版本下载

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Introduction 1

A.Ethics, morals, and professionalism 1

B.Some central themes in this book 7

C.The structure of this book 13

D.The rules quoted in this book: a note on sources 14

E.Stylistic decisions 17

Chapter 1: The Regulation of Lawyers 19

A.Institutions that regulate lawyers 20

B.The state ethics codes 38

C.Research on ethics law 43

D.Admission to practice 45

Chapter 2: Lawyer Liability 73

A.Professional discipline 75

B.Civil liability of lawyers 128

C.Criminal liability of lawyers 137

D.Client protection funds 142

E.Summing up: What law governs lawyers? 147

Chapter 3: The Duty to Protect Client Confidences 151

A.The basic principle of confidentiality 152

B.Exceptions to the duty to protect confidences 161

C.Use or disclosure of confidential information for personal gain or to benefit another client 209

D.Talking to clients about confidentiality 211

E.A concluding problem 212

Chapter 4: The Attorney-Client Privilege and the Work Product Doctrine 215

A.Confidentiality and attorney-client privilege, compared 217

B.The elements of attorney-client privilege 221

C.Client identity 228

D.Waiver 229

E.The crime-fraud exception 233

F.The death of the client 240

G.The privilege for corporations 244

H.The work product doctrine 261

Chapter 5: Relationships Between Lawyers and Clients 265

A.Formation of the lawyer-client relationship 266

B.Lawyers’ responsibilities as agents 276

C.Lawyers’ duties of competence, honesty, communication,and diligence 279

D.Who calls the shots? 309

E.Terminating a lawyer-client relationship 344

Chapter 6: Concurrent Conflicts of Interest:General Principles 351

A.An introduction to conflicts of interest 352

B.General principles in evaluating concurrent conflicts 359

C.Conflicts between current clients in civil litigation 374

D.Conflicts involving prospective clients 386

Chapter 7: Concurrent Conflicts in Particular Practice Settings 391

A.Representing both parties to a transaction 393

B.Representing organizations 396

C.Representing criminal co-defendants 406

D.Representing family members 416

E.Representing insurance companies and insured persons 421

F.Representing plaintiffs in class actions 427

G.Representing parties to aggregate settlements of individual cases 430

Chapter 8: Conflicts Involving Former Clients 435

A.The nature of conflicts between present and former clients 436

B.Duties to former clients 438

C.Distinguishing present and former clients 440

D.Evaluating successive conflicts 445

E.Addressing former client conflicts in practice 457

F.Representing the competitor of a former client 459

G.Conflicts between the interests of a present client and a client who was represented by a lawyer’s former firm 469

H.Imputation of former client conflicts to affiliated lawyers 474

Chapter 9: Conflicts Between Lawyers and Clients 483

A.Legal fees 486

B.Lawyer as custodian of client property and documents 547

C.Conflicts with lawyers’ personal or business interests 551

Chapter 10: Conflicts Issues for Government Lawyers and Judges 563

A.Successive conflicts of former and present government lawyers 563

B.Conflicts involving judges, arbitrators, and mediators 576

Chapter 11: Lawyers’ Duties to Courts 593

A.Being a good person in an adversary system 594

B.Investigation before filing a complaint 598

C.Truth and falsity in litigation 605

D.Concealment of physical evidence and documents 634

E.The duty to disclose adverse legal authority 654

F.Disclosures in ex parte proceedings 656

G.Improper influences on judges and juries 658

H.Lawyers’ duties in nonadjudicative proceedings 674

Chapter 12: Lawyers’ Duties to Adversaries and Third Persons 679

A.Communications with lawyers and third parties 680

B.Duties of prosecutors 713

C.Conduct prejudicial to the administration of justice 725

D.Are lawyers really too zealous? 728

Chapter 13: The Legal Profession 731

A.Origins and development of the U.S.legal profession 733

B.A short history of American legal education 736

C.Race,sex,and class in the legal profession 738

D.The legal profession today 746

E.The ethical climate of the legal profession 776

Chapter 14: Regulatory Restrictions on Law Practice 791

A.Advertising 792

B.Solicitation 799

C.Interstate law practice 802

D.Affiliation with nonlawyers 807

Chapter 15: The Provision of Legal Services 819

A.The unmet need for legal services 820

B.Sources of free legal services for those who cannot afford fees 826

C.Restricting legal services: limiting the role of lay advocates 865

About the Authors 873

Table of Articles,Books,and Reports 875

Table of Cases 893

Table of Rules,Restatements,Statutes,Bar Opinions,and Other Standards 901

Index 911