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Author Rotunda, Ronald D
Title Legal ethics in a nutshell / by Ronald D. Rotunda
Pub. Info. St. Paul, MN : Thomson/West, c2013
Edition 4th ed


LOCATION CALL # STATUS
 Law Reserve  KF306.Z9 R668 2013    CHECK SHELVES
 Law Reserve  KF306.Z9 R668 2013  c.2    CHECK SHELVES

Descript xxxiv, 538 p. ; 19 cm
Edition 4th ed
Note Includes index
Contents Introduction: the preamble, scope, and Rule 1.0 -- Rule 1.1: Competence -- Rule 1.2: Scope of representation and allocation of authority -- Rule 1.3: Diligence -- Rule 1.4: Communication -- Rule 1.5: Fees -- Rule 1.6: Confidentiality of information -- Rule 1.7: Conflicts of interest -- current clients -- Rule 1.8: Conflict of interest -- current clients: specific rules -- Rule 1.9: Duties to former clients -- Rule 1.10: Imputation of conflicts of interest -- Rule 1.11: Special conflicts of interest for former and current government officers and employees -- Rule 1.12: Former judge, arbitrator, mediator or other third party neutral -- Rule 1.13: The organization as a client -- Rule 1.14: Client with diminished capacity -- Rule 1.15: Safekeeping property -- Rule 1.16: Declining or terminating representation -- Rule 1.17: Sale of law practice -- Rule 1.18: Duties to prospective clients -- Rule 2.1: The 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 -- Rule 3.2: Expediting litigation -- Rule 3.3: Candor toward the tribunal -- Rule 3.4: Fairness to the opposing party and counsel -- 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 -- Rule 3.9: Advocate in nonadjudicative proceedings -- Rule 4.1: Truthfulness in statements to others -- Rule 4.2: Communication with a person represented by counsel -- 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 -- Rule 5.5: Unauthorized practice of law; multijurisdictional practice of law -- 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 -- Rule 7.2: Advertising -- Rule 7.3: Direct contact with prospective clients -- 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 -- Rule 8.4: Misconduct -- Rule 8.5: Disciplinary authority: choice of law -- Index
ISBN 9780314282248
0314282246
Table of Contents
 Prefacev
 Table of Casesxxv
 Introduction: The Preamble, Scope, And Rule 1.01
1.A Historical Perspective1
A.The Hoffman Resolutions1
B.Sharswood's Lectures1
C.The ABA Canons of Professional Ethics2
D.The ABA Model Code of Professional Responsibility3
2.The ABA Model Rules of Professional Conduct5
A.The Kutak Commission and the 1983 Model Rules5
B.The Role of the Comments6
C."Ethics 2000"7
D.Restatement (Third) of the Law Governing Lawyers8
3.A Brief Note on the Terminology of Legal Ethics9
4.The Relationship of Legal Ethics With Other Law11
5.The Public Image of Lawyers11
6.The Introductory Sections of the Model Rules of Professional Conduct12
A.The Preamble12
B.Scope12
C.Terminology: Rule 1.016
Rule 1.1 Competence18
1.Experience Versus Competence18
2.Malpractice and Competence21
Rule 1.2 Scope Of Representation And Allocation Of Authority22
1.The Creation of the Attorney-Client Relationship22
2.The Allocation of Authority Between Client and Lawyer26
3.Counseling or Assisting the Client in Criminal or Fraudulent Conduct30
Rule 1.3 Diligence35
Rule 1.4 Communication37
Rule 1.5 Fees39
1.Factors That Determine Whether a Fee Is Reasonable40
2.Fee Disputes48
3.Contingent Fees51
A.Common Objections Raised Against Contingent Fees52
B.When the Rules Prohibit Contingent Fees55
C.When the Rules Allow Contingent Fees57
4.Referral Fees and Sharing Fees61
A.Basic Rules61
B.Comparing Referral Fees to the Sale of a Law Practice66
C.Referral Fees and Hiring of Law-Temps67
5.Hourly Fees68
6.Charging for Disbursements70
Rule 1.6 Confidentiality Of Information74
1.Introduction74
2.Inadvertent Disclosure78
A.The Case of the Inadvertent Fax or Email80
B.Using Insecure Modern Communications Methods88
C.Emails When the Adversary Controls the Server90
D.Metadata92
E.Selective Waiver95
3.Lawyers Consulting With Other Lawyers (in Different Law Firms), When They Are Not Associated in a Matter96
4.The Prospective Client98
5.The Former Client101
A.Confidential Obligations to Former Clients as Creating Conflicts of Interest101
B.The Death of the Client101
6.Co-Plaintiffs or Co-Defendants of a Client: Confidential Duties Owed to Persons Other Than Clients or Former Clients105
7.The Law Firm's Supervisory Responsibilities Over Its Agents Regarding Attorney-Client Confidences109
8.Government Lawyers and the Attorney-Client Privilege110
9.Client Waiver---Express and Implied112
10.Revealing Confidential Information Without a Waiver: Some Special Cases112
A.When Required or Permitted by Other Ethics Rules, Other Law, or a Court Order112
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 Fee114
C.When the Client Intends to Commit a Future Crime, or When Death or Bodily Harm Is Reasonably Certain but Not "Imminent"120
(i).The Basic Provisions120
(ii).When an Innocent Person May Be Convicted122
(iii).The Crime-Fraud Exception in the Law of Evidence124
D.Tort Liability and the Lawyer's Discretion to Reveal125
E.Proposed Client Wrongdoing and a "Noisy Withdrawal"126
F.Offering False Evidence and the Rule of Candor Toward a Tribunal131
G.To Resolve Conflicts of Interest132
Rule 1.7 Conflicts Of Interest---Current Clients133
1.Introduction133
A.The Basic Rationales133
B.Consent: The General Principle136
2.Simultaneous Representation of Multiple Clients in Related Matters140
3.Simultaneously Representing Adverse Clients in Unrelated Matters142
4.Securing Consent145
A.Full Disclosure145
B.Prospective Waivers146
5.The Hot Potato Doctrine150
6.Special Problem Areas154
A.Estate Planning154
B.Examining a Present Client as Adverse Witness157
C.Multiple Representations in Criminal Cases: The Problem of Constitutionally Adequate Representation158
D.Representing Government Entities and Private Clients Simultaneously161
E.Job Negotiations Between Lawyer for One Party and Lawyer for Adverse Party162
F.Idiosyncratic Personal Interests of a Lawyer164
G.Lawyers as Members of Unions166
H.The Lawyer as Director of the Corporate Client168
I.The Insurer and the Insured171
J.Positional Conflicts172
K.Motions of One Lawyer to Disqualify the Opposing Lawyer177
Rule 1.8 Conflict Of Interest-Current Clients: Specific Rules178
1.Rule 1.8(a)---Business Dealings With the Client178
2.Rule 1.8(b)---Using Client Information180
3.Rule 1.8(c)---Accepting Gifts From Clients184
4.Rule 1.8(d)---Publication Rights185
5.Rule 1.8(e)---The Lawyer's Financial Advances to the Client187
6.Rule 1.8(f)---Accepting Money From a Non-Client as Compensation to Represent a Client190
A.The General Issue190
B.The Insurer and the Insured191
7.Rule 1.8(g)---Aggregate Settlements196
8.Rule 1.8(h)---Limiting the Lawyer's Liability for Malpractice199
A.Prospective Limitations of Liability199
B.Subsequent Limitations of Liability202
9.Lawyers Related by Blood or Marriage203
10.Rule 1.8(i)---Acquiring a Propriety Interest in the Client's Cause of Action205
A.Liens205
B.Contingency Fees as Proprietary Interests207
11.Rule 1.8(j)---Sexual Relations With Clients208
Rule 1.9 Duties To Former Clients211
1.An Introductory Note on the Distinction Between Rule 1.9 and Rule 1.10211
2.Rule 1.9(a)213
3.Rule 1.9(b)215
4.Using Client Information to the Client's Disadvantage217
5.Waiver218
A.Bringing Home to the Client the Significance of the Information Communicated Regarding the Waiver218
B.Prospective Waivers of Rule 1.9 Conflicts219
Rule 1.10 Imputation Of Conflicts Of Interest223
1.Introduction223
2.Waiver and "Screening"225
3.Rule 1.10(a): Lawyers Currently Associated in a Firm228
A.Defining the "Firm"228
B.The Ethics Rules Implicated by Rule 1.10(a)230
C.Lawyer Temps or Temporaries231
D.Paralegals, Legal Secretaries, and Law Students233
E.The "Of Counsel" Relationship234
4.Rule 1.10 (b): Imputed Disqualification When a Lawyer Leaves the Firm236
5.Sanctions240
Rule 1.11 Special Conflicts Of Interest For Former And Current Government Officers And Employees244
1.Introduction to the Ethics Rules Governing "The Revolving Door" Between the Lawyer Moving Between Government Service and Private Practice244
2.The Government Lawyer Moving into Private Practice246
A.General246
B.Imputation, Waiver, and Screening of Conflicts250
C.Confidential Governmental Information252
D.Negotiating for Private Employment253
E.Judicial Law Clerks254
3.The Private Lawyer Moving into Government Practice254
Rule 1.12 Former Judge, Arbitrator, Mediator Or Other Third Party Neutral258
1.Former Judges and Other Third-Party Neutrals258
2.Law Clerks260
Rule 1.13 The Organization As A Client262
1.Introduction262
2.Actual or Apparent Representation of the Organization and One or More of Its Constituents268
3.Representing Trade Associations270
4.Derivative Suits272
5.Corporate Family Issues274
A.The Entity Theory274
B.Situations Where the Courts May "Pierce the Corporate Veil" for Conflicts Purposes278
C.Representing Government Entities While Simultaneously Representing Private Parties281
Rule 1.14 Client With Diminished Capacity285
Rule 1.15 Safekeeping Property287
1.The General Rule287
2.Disputes Regarding Trust Fund Property289
3.Audits of Trust Fund Accounts290
4.Interest Earned on Client Trust Funds292
Rule 1.16 Declining Or Terminating Representation295
1.Accepting a Case295
2.Terminating Representation295
A.General Principles295
B.Wrongful Discharge297
C.Mandatory and Permissive Withdrawal300
Rule 1.17 Sale Of Law Practice303
1.The General Rule on Selling a Practice303
2.The Death of a Lawyer306
Rule 1.18 Duties To Prospective Clients308
Rule 2.1 The Lawyer As Advisor313
Rule 2.2 Intermediary317
Rule 2.3 Evaluation For Use By Third Persons318
Rule 2.4 Lawyer Serving As Third-Party Neutral321
Rule 3.1 Meritorious Claims And Contentions324
1.Meritorious v. Frivolous Claims324
2.Nondisciplinary Sanctions for Frivolous Advocacy328
Rule 3.2 Expediting Litigation332
Rule 3.3 Candor Toward The Tribunal334
1.Introduction334
2.Making False Statements of Fact or Law: Rule 3.3(a)(1)335
3.Disclosure of Adverse Legal Authority: Rule 3.3(a)(2)337
4.Offering Evidence That the Lawyer Knows or Comes to Know Is False: Rule 3.3(a)(3)339
5.Remedies: Withdrawal From the Case and Protection of a Client's Secrets: Rule 3.3(b)344
6.Time Limits on the Lawyer's Duty to Disclose: Rule 3.3(c)346
7.Ex Parte Proceedings: Rule 3.3(d)348
Rule 3.4 Fairness To The Opposing Party And Counsel350
1.Distinction Between the Lawyer's Duties of Candor to the Court and the Duty of Fairness to Opposing Counsel350
2.Obstructing Access to Evidence353
A.The Lawyer's or Client's Obstruction of Physical Evidence of a Crime353
B.Discovery Abuses in Civil Cases356
3.Money Payments to Fact and Expert Witnesses357
4.Coaching Witnesses, Preparing Witnesses, and Counseling a Witness to Testify Falsely362
5.Responses to Discovery Requests364
6.Disobeying a Tribunal's Orders364
7.Trial Tactics, Inadmissible Evidence, and Closing Arguments365
8.Asking Witnesses Not to Volunteer Information366
Rule 3.5 Impartiality And Decorum Of The Tribunal368
Rule 3.6 Trial Publicity370
Rule 3.7 Lawyer As Witness374
Rule 3.8 Special Responsibilities Of A Prosecutor378
1.Introduction378
2.Criminal Cases378
Rule 3.9 Advocate In Nonadjudicative Proceedings385
Rule 4.1 Truthfulness In Statements To Others388
Rule 4.2 Communication With A Person Represented By Counsel393
1.The General Principle393
2.Securing Consent From the Person's Lawyer: The Rule, and Sanctions for Its Breach394
3.Criminal Prosecutions398
4.Some Limitations on the Coverage of Rule 4.2401
5.Employees and Agents of Organizations and Other Parties403
Rule 4.3 Dealing With Unrepresented Person407
Rule 4.4 Respect For Rights Of Third Persons409
Rule 5.1 Responsibilities Of Partners, Managers, And Supervisory Lawyers414
Rule 5.2 Responsibilities Of A Subordinate Lawyer417
Rule 5.3 Responsibilities Regarding Nonlawyer Assistants421
Rule 5.4 Professional Independence Of A Lawyer424
1.Sharing Fees With Laypeople424
2.Sharing Managerial Responsibility with Nonlawyers428
Rule 5.5 Unauthorized Practice Of Law; Multijurisdictional Practice Of Law430
1.Defining the "Practice of Law"430
2.Rationale and Sanctions for Unauthorized Practice435
3.Aiding in the Unauthorized Practice of Law437
A.Pro se Litigants437
B.Aiding Disbarred or Suspended Lawyers in the Practice of Law437
C.Practice of Law by Corporations, Associations, and Partnerships438
D.Jurisdictional Limitations and Crossing State Lines439
Rule 5.6 Restrictions On Right To Practice446
Rule 5.7 Responsibilities Regarding Law-Related Services450
Rule 6.1 Voluntary Pro Bono Publico Service455
Rule 6.2 Accepting Appointments460
Rule 6.3 Membership In Legal Services Organizations462
Rule 6.4 Law Reform Activities Affecting Client Interests465
Rule 6.5 Non-Profit And Court-Annexed Limited Legal-Services Programs467
Rule 7.1 Communications Concerning A Lawyer's Services469
1.The Origins of the Restrictions on Legal Advertising469
2.The Bates Case and Its Progeny470
A.Allegedly Misleading Advertising471
B.Solicitation of Legal Business475
3.The Overarching Principle: No Misleading Speech480
Rule 7.2 Advertising482
Rule 7.3 Direct Contact With Prospective Clients486
1.Introduction486
2.Departing Lawyers Soliciting Clients of the Former Law Firm488
3.Solicitation and Legal Service Plans491
4.Solicitation and "Real-Time" Electronic Solicitation492
Rule 7.4 Communication Of Fields Of Practice And Specialization494
Rule 7.5 Firm Names And Letterheads496
Rule 7.6 Political Contributions To Obtain Government Legal Engagements Or Appointments By Judges499
Rule 8.1 Bar Admission And Disciplinary Matters502
Rule 8.2 Judicial And Legal Officials505
Rule 8.3 Reporting Professional Misconduct507
1.The Lawyer's Role Regarding Reporting Disciplinable Violations of Lawyers507
2.The Different Reporting Obligation of the Model Rules510
3.Applicability of Privileges514
4.Reporting Misconduct of Judges516
Rule 8.4 Misconduct517
1.Defining Professional Misconduct517
2.Categories of Misconduct519
A.Violating or Attempting to Violate a Disciplinary Rule: Rule 8.4(a)519
B.Violating a Disciplinary Rule Through Another: Rule 8.4(a)519
C.Criminal Acts: Rule 8.4(b)521
D.Conduct Involving Dishonesty: Rule 8.4(c)522
E.Conduct Prejudicial to the Administration of Justice: Rule 8.4(d)523
F.Implying an Ability to Influence Improperly a Government Official: Rule 8.4(e)525
G.Assisting a Judicial Official to Violate the Judicial Code: Rule 8.4(f)526
Rule 8.5 Disciplinary Authority: Choice Of Law527
 Index531
Author Rotunda, Ronald D
Series Nutshell series
Subject Legal ethics -- United States
Alt Title Legal ethics
Descript xxxiv, 538 p. ; 19 cm
Edition 4th ed
Note Includes index
Contents Introduction: the preamble, scope, and Rule 1.0 -- Rule 1.1: Competence -- Rule 1.2: Scope of representation and allocation of authority -- Rule 1.3: Diligence -- Rule 1.4: Communication -- Rule 1.5: Fees -- Rule 1.6: Confidentiality of information -- Rule 1.7: Conflicts of interest -- current clients -- Rule 1.8: Conflict of interest -- current clients: specific rules -- Rule 1.9: Duties to former clients -- Rule 1.10: Imputation of conflicts of interest -- Rule 1.11: Special conflicts of interest for former and current government officers and employees -- Rule 1.12: Former judge, arbitrator, mediator or other third party neutral -- Rule 1.13: The organization as a client -- Rule 1.14: Client with diminished capacity -- Rule 1.15: Safekeeping property -- Rule 1.16: Declining or terminating representation -- Rule 1.17: Sale of law practice -- Rule 1.18: Duties to prospective clients -- Rule 2.1: The 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 -- Rule 3.2: Expediting litigation -- Rule 3.3: Candor toward the tribunal -- Rule 3.4: Fairness to the opposing party and counsel -- 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 -- Rule 3.9: Advocate in nonadjudicative proceedings -- Rule 4.1: Truthfulness in statements to others -- Rule 4.2: Communication with a person represented by counsel -- 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 -- Rule 5.5: Unauthorized practice of law; multijurisdictional practice of law -- 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 -- Rule 7.2: Advertising -- Rule 7.3: Direct contact with prospective clients -- 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 -- Rule 8.4: Misconduct -- Rule 8.5: Disciplinary authority: choice of law -- Index
ISBN 9780314282248
0314282246
Author Rotunda, Ronald D
Series Nutshell series
Subject Legal ethics -- United States
Alt Title Legal ethics
LOCATION CALL # STATUS
 Law Reserve  KF306.Z9 R668 2013    CHECK SHELVES
 Law Reserve  KF306.Z9 R668 2013  c.2    CHECK SHELVES
Table of Contents
 Prefacev
 Table of Casesxxv
 Introduction: The Preamble, Scope, And Rule 1.01
1.A Historical Perspective1
A.The Hoffman Resolutions1
B.Sharswood's Lectures1
C.The ABA Canons of Professional Ethics2
D.The ABA Model Code of Professional Responsibility3
2.The ABA Model Rules of Professional Conduct5
A.The Kutak Commission and the 1983 Model Rules5
B.The Role of the Comments6
C."Ethics 2000"7
D.Restatement (Third) of the Law Governing Lawyers8
3.A Brief Note on the Terminology of Legal Ethics9
4.The Relationship of Legal Ethics With Other Law11
5.The Public Image of Lawyers11
6.The Introductory Sections of the Model Rules of Professional Conduct12
A.The Preamble12
B.Scope12
C.Terminology: Rule 1.016
Rule 1.1 Competence18
1.Experience Versus Competence18
2.Malpractice and Competence21
Rule 1.2 Scope Of Representation And Allocation Of Authority22
1.The Creation of the Attorney-Client Relationship22
2.The Allocation of Authority Between Client and Lawyer26
3.Counseling or Assisting the Client in Criminal or Fraudulent Conduct30
Rule 1.3 Diligence35
Rule 1.4 Communication37
Rule 1.5 Fees39
1.Factors That Determine Whether a Fee Is Reasonable40
2.Fee Disputes48
3.Contingent Fees51
A.Common Objections Raised Against Contingent Fees52
B.When the Rules Prohibit Contingent Fees55
C.When the Rules Allow Contingent Fees57
4.Referral Fees and Sharing Fees61
A.Basic Rules61
B.Comparing Referral Fees to the Sale of a Law Practice66
C.Referral Fees and Hiring of Law-Temps67
5.Hourly Fees68
6.Charging for Disbursements70
Rule 1.6 Confidentiality Of Information74
1.Introduction74
2.Inadvertent Disclosure78
A.The Case of the Inadvertent Fax or Email80
B.Using Insecure Modern Communications Methods88
C.Emails When the Adversary Controls the Server90
D.Metadata92
E.Selective Waiver95
3.Lawyers Consulting With Other Lawyers (in Different Law Firms), When They Are Not Associated in a Matter96
4.The Prospective Client98
5.The Former Client101
A.Confidential Obligations to Former Clients as Creating Conflicts of Interest101
B.The Death of the Client101
6.Co-Plaintiffs or Co-Defendants of a Client: Confidential Duties Owed to Persons Other Than Clients or Former Clients105
7.The Law Firm's Supervisory Responsibilities Over Its Agents Regarding Attorney-Client Confidences109
8.Government Lawyers and the Attorney-Client Privilege110
9.Client Waiver---Express and Implied112
10.Revealing Confidential Information Without a Waiver: Some Special Cases112
A.When Required or Permitted by Other Ethics Rules, Other Law, or a Court Order112
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 Fee114
C.When the Client Intends to Commit a Future Crime, or When Death or Bodily Harm Is Reasonably Certain but Not "Imminent"120
(i).The Basic Provisions120
(ii).When an Innocent Person May Be Convicted122
(iii).The Crime-Fraud Exception in the Law of Evidence124
D.Tort Liability and the Lawyer's Discretion to Reveal125
E.Proposed Client Wrongdoing and a "Noisy Withdrawal"126
F.Offering False Evidence and the Rule of Candor Toward a Tribunal131
G.To Resolve Conflicts of Interest132
Rule 1.7 Conflicts Of Interest---Current Clients133
1.Introduction133
A.The Basic Rationales133
B.Consent: The General Principle136
2.Simultaneous Representation of Multiple Clients in Related Matters140
3.Simultaneously Representing Adverse Clients in Unrelated Matters142
4.Securing Consent145
A.Full Disclosure145
B.Prospective Waivers146
5.The Hot Potato Doctrine150
6.Special Problem Areas154
A.Estate Planning154
B.Examining a Present Client as Adverse Witness157
C.Multiple Representations in Criminal Cases: The Problem of Constitutionally Adequate Representation158
D.Representing Government Entities and Private Clients Simultaneously161
E.Job Negotiations Between Lawyer for One Party and Lawyer for Adverse Party162
F.Idiosyncratic Personal Interests of a Lawyer164
G.Lawyers as Members of Unions166
H.The Lawyer as Director of the Corporate Client168
I.The Insurer and the Insured171
J.Positional Conflicts172
K.Motions of One Lawyer to Disqualify the Opposing Lawyer177
Rule 1.8 Conflict Of Interest-Current Clients: Specific Rules178
1.Rule 1.8(a)---Business Dealings With the Client178
2.Rule 1.8(b)---Using Client Information180
3.Rule 1.8(c)---Accepting Gifts From Clients184
4.Rule 1.8(d)---Publication Rights185
5.Rule 1.8(e)---The Lawyer's Financial Advances to the Client187
6.Rule 1.8(f)---Accepting Money From a Non-Client as Compensation to Represent a Client190
A.The General Issue190
B.The Insurer and the Insured191
7.Rule 1.8(g)---Aggregate Settlements196
8.Rule 1.8(h)---Limiting the Lawyer's Liability for Malpractice199
A.Prospective Limitations of Liability199
B.Subsequent Limitations of Liability202
9.Lawyers Related by Blood or Marriage203
10.Rule 1.8(i)---Acquiring a Propriety Interest in the Client's Cause of Action205
A.Liens205
B.Contingency Fees as Proprietary Interests207
11.Rule 1.8(j)---Sexual Relations With Clients208
Rule 1.9 Duties To Former Clients211
1.An Introductory Note on the Distinction Between Rule 1.9 and Rule 1.10211
2.Rule 1.9(a)213
3.Rule 1.9(b)215
4.Using Client Information to the Client's Disadvantage217
5.Waiver218
A.Bringing Home to the Client the Significance of the Information Communicated Regarding the Waiver218
B.Prospective Waivers of Rule 1.9 Conflicts219
Rule 1.10 Imputation Of Conflicts Of Interest223
1.Introduction223
2.Waiver and "Screening"225
3.Rule 1.10(a): Lawyers Currently Associated in a Firm228
A.Defining the "Firm"228
B.The Ethics Rules Implicated by Rule 1.10(a)230
C.Lawyer Temps or Temporaries231
D.Paralegals, Legal Secretaries, and Law Students233
E.The "Of Counsel" Relationship234
4.Rule 1.10 (b): Imputed Disqualification When a Lawyer Leaves the Firm236
5.Sanctions240
Rule 1.11 Special Conflicts Of Interest For Former And Current Government Officers And Employees244
1.Introduction to the Ethics Rules Governing "The Revolving Door" Between the Lawyer Moving Between Government Service and Private Practice244
2.The Government Lawyer Moving into Private Practice246
A.General246
B.Imputation, Waiver, and Screening of Conflicts250
C.Confidential Governmental Information252
D.Negotiating for Private Employment253
E.Judicial Law Clerks254
3.The Private Lawyer Moving into Government Practice254
Rule 1.12 Former Judge, Arbitrator, Mediator Or Other Third Party Neutral258
1.Former Judges and Other Third-Party Neutrals258
2.Law Clerks260
Rule 1.13 The Organization As A Client262
1.Introduction262
2.Actual or Apparent Representation of the Organization and One or More of Its Constituents268
3.Representing Trade Associations270
4.Derivative Suits272
5.Corporate Family Issues274
A.The Entity Theory274
B.Situations Where the Courts May "Pierce the Corporate Veil" for Conflicts Purposes278
C.Representing Government Entities While Simultaneously Representing Private Parties281
Rule 1.14 Client With Diminished Capacity285
Rule 1.15 Safekeeping Property287
1.The General Rule287
2.Disputes Regarding Trust Fund Property289
3.Audits of Trust Fund Accounts290
4.Interest Earned on Client Trust Funds292
Rule 1.16 Declining Or Terminating Representation295
1.Accepting a Case295
2.Terminating Representation295
A.General Principles295
B.Wrongful Discharge297
C.Mandatory and Permissive Withdrawal300
Rule 1.17 Sale Of Law Practice303
1.The General Rule on Selling a Practice303
2.The Death of a Lawyer306
Rule 1.18 Duties To Prospective Clients308
Rule 2.1 The Lawyer As Advisor313
Rule 2.2 Intermediary317
Rule 2.3 Evaluation For Use By Third Persons318
Rule 2.4 Lawyer Serving As Third-Party Neutral321
Rule 3.1 Meritorious Claims And Contentions324
1.Meritorious v. Frivolous Claims324
2.Nondisciplinary Sanctions for Frivolous Advocacy328
Rule 3.2 Expediting Litigation332
Rule 3.3 Candor Toward The Tribunal334
1.Introduction334
2.Making False Statements of Fact or Law: Rule 3.3(a)(1)335
3.Disclosure of Adverse Legal Authority: Rule 3.3(a)(2)337
4.Offering Evidence That the Lawyer Knows or Comes to Know Is False: Rule 3.3(a)(3)339
5.Remedies: Withdrawal From the Case and Protection of a Client's Secrets: Rule 3.3(b)344
6.Time Limits on the Lawyer's Duty to Disclose: Rule 3.3(c)346
7.Ex Parte Proceedings: Rule 3.3(d)348
Rule 3.4 Fairness To The Opposing Party And Counsel350
1.Distinction Between the Lawyer's Duties of Candor to the Court and the Duty of Fairness to Opposing Counsel350
2.Obstructing Access to Evidence353
A.The Lawyer's or Client's Obstruction of Physical Evidence of a Crime353
B.Discovery Abuses in Civil Cases356
3.Money Payments to Fact and Expert Witnesses357
4.Coaching Witnesses, Preparing Witnesses, and Counseling a Witness to Testify Falsely362
5.Responses to Discovery Requests364
6.Disobeying a Tribunal's Orders364
7.Trial Tactics, Inadmissible Evidence, and Closing Arguments365
8.Asking Witnesses Not to Volunteer Information366
Rule 3.5 Impartiality And Decorum Of The Tribunal368
Rule 3.6 Trial Publicity370
Rule 3.7 Lawyer As Witness374
Rule 3.8 Special Responsibilities Of A Prosecutor378
1.Introduction378
2.Criminal Cases378
Rule 3.9 Advocate In Nonadjudicative Proceedings385
Rule 4.1 Truthfulness In Statements To Others388
Rule 4.2 Communication With A Person Represented By Counsel393
1.The General Principle393
2.Securing Consent From the Person's Lawyer: The Rule, and Sanctions for Its Breach394
3.Criminal Prosecutions398
4.Some Limitations on the Coverage of Rule 4.2401
5.Employees and Agents of Organizations and Other Parties403
Rule 4.3 Dealing With Unrepresented Person407
Rule 4.4 Respect For Rights Of Third Persons409
Rule 5.1 Responsibilities Of Partners, Managers, And Supervisory Lawyers414
Rule 5.2 Responsibilities Of A Subordinate Lawyer417
Rule 5.3 Responsibilities Regarding Nonlawyer Assistants421
Rule 5.4 Professional Independence Of A Lawyer424
1.Sharing Fees With Laypeople424
2.Sharing Managerial Responsibility with Nonlawyers428
Rule 5.5 Unauthorized Practice Of Law; Multijurisdictional Practice Of Law430
1.Defining the "Practice of Law"430
2.Rationale and Sanctions for Unauthorized Practice435
3.Aiding in the Unauthorized Practice of Law437
A.Pro se Litigants437
B.Aiding Disbarred or Suspended Lawyers in the Practice of Law437
C.Practice of Law by Corporations, Associations, and Partnerships438
D.Jurisdictional Limitations and Crossing State Lines439
Rule 5.6 Restrictions On Right To Practice446
Rule 5.7 Responsibilities Regarding Law-Related Services450
Rule 6.1 Voluntary Pro Bono Publico Service455
Rule 6.2 Accepting Appointments460
Rule 6.3 Membership In Legal Services Organizations462
Rule 6.4 Law Reform Activities Affecting Client Interests465
Rule 6.5 Non-Profit And Court-Annexed Limited Legal-Services Programs467
Rule 7.1 Communications Concerning A Lawyer's Services469
1.The Origins of the Restrictions on Legal Advertising469
2.The Bates Case and Its Progeny470
A.Allegedly Misleading Advertising471
B.Solicitation of Legal Business475
3.The Overarching Principle: No Misleading Speech480
Rule 7.2 Advertising482
Rule 7.3 Direct Contact With Prospective Clients486
1.Introduction486
2.Departing Lawyers Soliciting Clients of the Former Law Firm488
3.Solicitation and Legal Service Plans491
4.Solicitation and "Real-Time" Electronic Solicitation492
Rule 7.4 Communication Of Fields Of Practice And Specialization494
Rule 7.5 Firm Names And Letterheads496
Rule 7.6 Political Contributions To Obtain Government Legal Engagements Or Appointments By Judges499
Rule 8.1 Bar Admission And Disciplinary Matters502
Rule 8.2 Judicial And Legal Officials505
Rule 8.3 Reporting Professional Misconduct507
1.The Lawyer's Role Regarding Reporting Disciplinable Violations of Lawyers507
2.The Different Reporting Obligation of the Model Rules510
3.Applicability of Privileges514
4.Reporting Misconduct of Judges516
Rule 8.4 Misconduct517
1.Defining Professional Misconduct517
2.Categories of Misconduct519
A.Violating or Attempting to Violate a Disciplinary Rule: Rule 8.4(a)519
B.Violating a Disciplinary Rule Through Another: Rule 8.4(a)519
C.Criminal Acts: Rule 8.4(b)521
D.Conduct Involving Dishonesty: Rule 8.4(c)522
E.Conduct Prejudicial to the Administration of Justice: Rule 8.4(d)523
F.Implying an Ability to Influence Improperly a Government Official: Rule 8.4(e)525
G.Assisting a Judicial Official to Violate the Judicial Code: Rule 8.4(f)526
Rule 8.5 Disciplinary Authority: Choice Of Law527
 Index531



WILDPAC - Western New England University Integrated Law and D'Amour Public Access Catalog