Problems in Professional Responsiblity for a Changing Profession,9780890896051

Problems in Professional Responsiblity for a Changing Profession

by ;
Edition: 4th
ISBN13: 9780890896051
ISBN10: 0890896054
Format: Hardcover
Pub. Date: 2002-07-01
Publisher(s): Carolina Academic Pr
List Price: $100.00

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Table of Contents

Cases in Text xvii
Authorities in Text xix
Table of Cases
xxi
Table of Authorities
xxix
Preface to the Fourth Edition xliii
Acknowledgments xlv
Introduction li
The Profession-An Introduction
3(28)
Wasserstrom, Lawyers as Professionals: Some Moral Issues
4(10)
Problem 1-1
14(1)
Problem 1-2
14(1)
Note: The Governing Rules of Professional Responsibility
15(3)
Professional Ideology and the Implications for Legal Ethics
18(13)
Wilkins, Everyday Practice is the Troubling Case
19(4)
Note: Regulating the Legal Profession
23(3)
Problem 1-3
26(5)
Representation of Conflicting Interests
31(104)
Simultaneous Representation-Opposing a Current Client
33(44)
Problem 2-1
33(1)
Problem 2-2
33(1)
Problem 2-3
34(1)
Problem 2-4
34(1)
The General Rule
35(4)
United States v. Gellene
39(8)
Simultaneously Representing and Opposing a Client in Litigation
47(1)
IBM v. Levin
48(7)
Stratagem Development Corp. v. Heron Int'l, N.V
55(6)
Simultaneously Representing and Opposing Affiliated Companies
61(1)
Problem 2-5
61(3)
Joint Representation of an Entity and Its Employees
64(1)
Problem 2-6
64(2)
In re Merrill Lynch, Pierce, Fenner & Smith, Inc.
66(7)
Simultaneously Representing and Opposing a Client in Transactional Matters
73(1)
Problem 2-7
73(1)
Problem 2-8
73(1)
Problem 2-9
74(3)
Successive Representation-Opposing a Former Client
77(22)
Problem 2-10
77(2)
Analytica, Inc. v. NPD Research, Inc.
79(6)
Maritrans v. Pepper, Hamilton & Scheetz
85(9)
Problem 2-11
94(1)
Brennan's, Inc. v. Brennan's Restaurants, Inc.
95(4)
Vicarious Disqualification
99(36)
The General Rule
99(1)
Problem 2-12
99(1)
Steel v. General Motors Corporation
100(16)
Problem 2-13
116(2)
Former Government Lawyers and Vicarious Disqualification
118(1)
Problem 2-14
118(1)
Note: Problems of Government Employees and Vicarious Disqualification
119(3)
Davis v. Southern Bell Tel. & Tel. Co.
122(6)
Vicarious Disqualification-More Developments in the Private Context
128(1)
Analytica, Inc. v. NPD Research, Inc.
129(6)
The Obligation of Confidentiality
135(84)
The General Rule
135(6)
Purcell v. District Attorney for the Suffolk District
137(4)
Revealing the Announced Intention to Commit a Crime
141(8)
Problem 3-1
144(1)
Problem 3-2
144(1)
Problem 3-3
144(1)
Problem 3-4
145(1)
Problem 3-5
145(1)
Problem 3-6
145(1)
Problem 3-7
146(1)
Problem 3-8
147(1)
Problem 3-9
148(1)
Perjury and Mandatory Disclosure of Client Confidences
149(37)
Problem 3-10
149(1)
Freedman, The Perjury Trilemma
150(10)
Frankel, The Search for Truth
160(9)
A Note on the Model Rules
169(1)
Nix v. Whiteside
170(10)
ABA Formal Opinion 87-353
180(6)
Other Aspects of Perjury and Confidentiality
186(4)
Preparing Testimony or Inducing a Client to Commit Perjury
186(1)
Problem 3-11
186(1)
Freedman, Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions
187(3)
Past Crime or Fraud
190(5)
Problem 3-12
190(1)
Problem 3-13
191(1)
ABA Formal Opinion 87-353
191(1)
Problem 3-14
192(1)
Problem 3-15
192(3)
Past Acts with Future Harmful Consequences: ``Continuing'' Crime or Fraud
195(9)
Problem 3-16
195(1)
Problem 3-17
196(1)
Problem 3-18
196(1)
Problem 3-19
196(1)
Note: The Model Rules and Past Acts with Future Harmful Consequences
197(2)
Nelson, Ethical Dilemma: Should Lawyers Turn in Clients?
199(4)
Problem 3-20
203(1)
Disclosure of Confidences to Collect a Fee or in Self Defense
204(5)
Problem 3-21
204(1)
Meyerhofer v. Empire Fire & Marine Ins. Co.
204(4)
Note: Lawyers and the ``Obligation'' to Commit Contempt
208(1)
Confidences Among Coclients
209(10)
Problem 3-22
210(1)
A. v. B. v. Hill Wallack
210(9)
The Literature of Confidentiality and the Adversary System
219(60)
Pepper, The Lawyer's Amoral Ethical Role
219(15)
Luban, The Lysistratian Prerogative
234(7)
Kaufman, A Commentary on Pepper
241(4)
Goldman, The Moral Foundations of Professional Responsibility
245(4)
Carr, Is Business Bluffing Legal?
249(7)
Fischel, Lawyers and Confidentiality
256(10)
Simon, Should Lawyers Obey the Law?
266(7)
Wilkins, In Defense of Law and Morality
273(6)
The Lawyer's Responsibility to Some Special Clients
279(86)
The Lawyer for the Corporation
279(34)
Problem 5-1
279(1)
Problem 5-2
280(1)
Problem 5-3
280(2)
In re Carter and Johnson
282(9)
Simon, The Kaye Scholer Affair
291(14)
Wilkins, Do Clients Have Ethical Obligations to Lawyers?
305(8)
The Government Lawyer
313(18)
Problem 5-4
313(1)
Problem 5-5
314(1)
Problem 5-6
315(1)
In re Lindsey
315(16)
A Piece of History-Watergate
331(1)
The Client Under a Disability
331(10)
Problem 5-7
331(1)
Problem 5-8
332(2)
Mickenberg, The Silent Clients
334(2)
Stone, The Myth of Advocacy
336(5)
The Lawyer in a Mediation Setting
341(11)
Problem 5-9
341(1)
Menkel-Meadow, Professional Responsibility for Third-Party Neutrals
342(5)
Poly Software International, Inc. v Su
347(5)
Class Actions and Conflicts of Interest for Counsel
352(13)
Problem 5-10
352(1)
Rhode, Class Conflicts in Class Actions
352(7)
Koniak, Feasting While the Widow Weeps
359(6)
Some Special Office and Court Issues
365(62)
The Prosector's Discretion
365(13)
Problem 6-1
365(1)
Problem 6-2
365(1)
Problem 6-3
366(1)
Uviller, The Neutral Prosecutor
367(11)
Investigation: Possession of Tangible Evidence by a Lawyer
378(6)
Problem 6-4
378(1)
Morrell v. State
379(5)
Destruction of Evidence
384(4)
Problem 6-5
384(1)
Testimony of Gordon Strachan
384(4)
Investigation: Talking with a ``Party''
388(11)
Rule 4.2 and Civil Cases
388(1)
Problem 6-6
388(1)
Problem 6-7
388(1)
Hurley v. Modern Continental Construction Company, Inc.
389(4)
Rule 4.2 and Criminal Cases
393(1)
Problem 6-8
393(2)
United States ex rel. O'Keefe v. McDonnell Douglas Corporation
395(4)
Litigation Tactics
399(10)
Problem 6-9
399(1)
Keeton, Trial Tactics and Methods
399(8)
In re Beiny
407(2)
Negotiations and Plea Bargaining
409(18)
Problem 6-10
409(1)
Problem 6-11
409(1)
Problem 6-12
410(1)
Problem 6-13
410(1)
Rubin, A Causerie on Lawyers' Ethics in Negotiation
411(7)
White, Ethical Limits on Lying in Negotiation
418(6)
Problem 6-14
424(3)
Some Additional Problems of Lawyers' Special Obligations to the Court, the Profession, and Society
427(66)
The Obligation to Represent an Unpopular Client
427(17)
The Lawyer and his Clients: Correspondence of Messrs. David Dudley and Dudley Field of the New York Bar, with Mr. Samuel Bowles, of the Springfield Republican
428(10)
Wilkins, Race, Ethics, and the First Amendment
438(6)
The Obligation to Give ``Nonlegal'' Advice
444(5)
Problem 7-1
444(1)
Problem 7-2
445(1)
Krash, Professional Responsibility to Clients and the Public Interest: Is There a Conflict?
445(4)
Lawyers and Their Own Speech and Conduct
449(21)
Problem 7-3
449(1)
Gentile v. State Bar of Nevada
450(10)
Problem 7-4
460(1)
Ruggieri v. Johns-Manville Products Corp.
461(6)
Note: The Integrated Bar and Lawyer Freedom
467(3)
Civility
470(6)
Paramount Communications v. QVC Network
470(6)
Whistleblowing on Other Lawyers
476(17)
Problem 7-5
476(1)
Problem 7-6
477(1)
Problem 7-7
477(1)
Problem 7-8
477(1)
Massachusetts Committee on Professional Ethics Opinion 99-2
477(4)
Bohatch v. Butler & Binion
481(12)
Some Special Problems of Access to Legal Services
493(52)
Fees
493(21)
Problem 8-1
493(1)
Problem 8-2
494(1)
Problem 8-3
494(1)
Problem 8-4
494(3)
In the Matter of Fordham
497(8)
Prandini v. National Tea Co.
505(6)
Note: Conflict Between Lawyer and Client with Respect to Fees
511(1)
Note: A Watergate Fee Problem
512(1)
Testimony of Anthony Ulasewicz
512(2)
Advertising and Solicitation
514(31)
Problem 8-5
514(1)
Problem 8-6
515(1)
Problem 8-7
515(1)
Problem 8-8
515(1)
Note: A Few Generalities
515(3)
Ohralik v. Ohio State Bar Association
518(7)
In re Primus
525(11)
Note: The Aftermath of Bates, Ohralik, and Primus
536(9)
Access to Legal Services
545(52)
Programs for Non-Paying Clients
545(41)
Problem 9-1
546(1)
Legal Aid
546(1)
The OEO Legal Services Program and the Legal Services Corporation
547(1)
Cramton, Crisis in Legal Services for the Poor
547(10)
Kaufman & Singsen, Legal Services in the 1980s
557(4)
Public Interest Law
561(1)
Problem 9-2
561(1)
Problem 9-3
561(1)
Problem 9-4
561(1)
Hegland, Beyond Enthusiasm and Commitment
562(10)
Problem 9-5
572(3)
Some Specific Problems of Professional Responsibility in the Provision of Legal Services
575(1)
Problem 9-6
575(1)
Problem 9-7
576(1)
Problem 9-8
577(1)
Castro v. Los Angeles County Board of Supervisors
578(6)
Problem 9-9
584(2)
Programs for Paying Clients
586(11)
A Survey of the Scene
586(4)
Heid & Misulovin, The Group Legal Plan Revolution
590(7)
Who May Practice Law
597(76)
Admission to the Bar
597(20)
Problem 10-1
597(1)
Problem 10-2
598(1)
Problem 10-3
598(1)
Problem 10-4
599(1)
Problem 10-5
599(1)
Problem 10-6
599(2)
Schware v. Board of Bar Examiners
601(1)
Konigsberg v. State Bar
602(1)
Application of Gahan
602(6)
Matter of Ronwin
608(9)
The Unauthorized Practice of Law
617(52)
Problem 10-7
617(1)
Florida Bar v. Brumbaugh
618(7)
Problem 10-8
625(1)
Problem 10-9
626(1)
Birbrower v. Superior Court of Santa Clara County
626(11)
Problem 10-10
637(1)
ABA Commission on Multidisciplinary Practice, Report to the House of Delegates
637(14)
Statement of Kathryn A. Oberly
651(5)
Testimony of Sydney M. Cone, III
656(11)
Trubek & Farnham, Social Justice Collaboratives
667(2)
The Future of MDPs
669(4)
Competence, Malpractice, and Discipline
673(48)
Competence
673(4)
Malpractice
677(17)
Procanik v. Cillo (1985)
677(8)
Procanik v. Cillo (1988)
685(3)
Angel, Cohen & Rogovin v. Oberon Investment, N.V
688(1)
Note: The Disciplinary Rules, Standards of Malpractice, and Rule 11
689(5)
Discipline
694(27)
Problem 11-1
694(1)
Problem 11-2
695(1)
Problem 11-3
695(1)
Problem 11-4
695(1)
Note: Disciplinary Rules-Problems of Generality
696(2)
Wajert v. State Ethics Commn.
698(5)
Spevack v. Klein
703(7)
Schneyer, Professional Discipline For Law Firms?
710(11)
Professional Responsibility and the Judicial System
721(30)
Problem 12-1
721(1)
Problem 12-2
722(1)
Problem 12-3
723(1)
Problem 12-4
723(1)
Problem 12-5
723(1)
Problem 12-6
724(4)
In re Boston's Children First
728(7)
Liljeberg v. Health Services Acquisition Corp.
735(7)
In re Mandeville
742(1)
In re Gridley
743(3)
Kaufman, Judicial Ethics: The Less-08en Asked Questions
746(2)
Note: Public Exposure of Disciplinary Reference by Judges
748(3)
Demographics, Institutions, and Professional Identity: The American Legal Profession at the Dawn of the Twenty-First Century
751(98)
An Overview of the Modern Legal Profession
752(18)
Carson, The Lawyer Statistical Report
752(1)
Clark, Why So Many Lawyers?
753(3)
Chambliss, Progress of Minorities in the Legal Profession
756(1)
New York State Bar, Preserving the Core Values of the American Legal Profession
757(2)
Heinz and Laumann, Chicago Lawyers
759(2)
Heinz, Laumann, Nelson & Michelson, The Changing Character of Lawyers' Work
761(2)
Hadfield, The Price of Law
763(5)
Galanter, The Coming Demographic Transformation of the Legal Profession
768(2)
The Transformation of Corporate Legal Practice
770(46)
Galanter & Palay, Why the Big Get Bigger
776(2)
Wilkins & Gulati, Reconceiving the Tournament of Lawyers
778(9)
Wilkins & Gulati, Why Are There So Few Black Lawyers in Corporate Law Firms?
787(11)
Wilkins, Partners Without Power?
798(1)
Epstein, et. al., Glass Ceilings and Open Doors
799(6)
Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession
805(4)
Kronman, The Lost Lawyer
809(7)
The Individual Hemisphere
816(14)
Seron, The Business of Practicing Law
817(3)
Daniels & Martin, Tort Reform, Mass Culture, and Plaintiffs' Lawyers
820(2)
Coffee, Jr., Understanding the Plaintiff's Attorney
822(3)
Erichson, Informal Aggregation
825(5)
What Difference Will Difference Make?
830(19)
Problem 13-1
830(1)
Problem 13-2
831(1)
Problem 13-3
831(1)
Problem 13-4
832(1)
Problem 13-5
832(1)
Problem 13-6
833(1)
Problem 13-7
833(3)
Wilkins, Beyond ``Bleached Out'' Professionalism
836(3)
Menkel-Meadow, Portia Redux
839(1)
Allegretti, Lawyers, Clients, and Covenant
840(3)
Clark, The Coming Together of the Common Law and Civil Law
843(6)
Some Final Thoughts
849(38)
Kaufman, Who Should Make the Rules Governing Professional Conduct in Federal Matters
849(6)
Smith, Should Lawyers Listen to Philosophers
855(6)
Wilkins, Professional Ethics for Lawyers and Law Schools
861(7)
A Note on Legal Education
868(3)
Concluding Thoughts
871(16)
A Final Note on Codes and Rules
871(9)
A Final Note on the Future (or Futures) of Legal Practice
880(2)
A Final Note on the Lawyer's Role
882(5)
Index 887

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