Professional Responsibility: Student Guide, 2008-2009 Ed.This book on legal ethics is the premier text that examines the ABA Model Rules of Professional Conduct, the ABA Code of Judicial Conduct, the American Law Institute's new Restatement of the Law Governing Lawyers, and the case law. The book is analytical, concise, and thorough. Empirical studies show that many lawyers are unaware of even basic information about legal ethics, the law governing lawyers. Older lawyers, who draw a disproportionate number of malpractice suits, often have neither formally studied ethics nor kept up with developments in the law. Many malpractice suits arise out of ethics violations, such as disqualification of lawyers for conflicts of interest, multi-disciplinary practice, and the attorney-client evidentiary and ethical privilege. The Ethics Rules are law typically adopted by court rule in the same way that the Rules of Civil Procedure are law. These Ethics Rules are just as complex as the Civil Practice Rules or the Evidence Rules. Many of the Ethics Rules cannot be known through some sort of innate or hereditary awareness automatically infused in ordinary human beings once they are admitted to the bar. Unless a student wants to emulate those lawyers who draw a disproportionate number of malpractice suits, he or she will need to understand the law of Legal Ethics. And to do that, one needs this book. |
Contents
INTRODUCTION | 1 |
CLIENTLAWYER RELATIONSHIPS | 83 |
2 SCOPE OF REPRESENTATION | 91 |
Copyright | |
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1983 Model Rules ABA Formal Opinion ABA Model Rules action agency law agree arbitration attorney attorney-client privilege bill charge circumstances claim client information client-lawyer Comments confidential information conflict of interest consider contingent fee corporate counsel crime or fraud criminal defendant directly adverse disciplinary disclose disclosure disqualified drafters emphasis added entity ethics rules example expenses F.Supp fact fee agreement fiduciary flat fee former client hired imputed informed consent insured involved issue law firm Law Governing Lawyers law of agency lawyer represents LEGAL ETHICS legal malpractice legal services liability litigation malpractice materially limited matter ment Model Code multiple clients obligation Official Draft 2000 paragraph Paul Weiss person plaintiff Profes Professional Conduct prohibition prosecutor protect quantum meruit relationship repre represent a client representation Restatement risk Ronald D Rotunda Rules of Professional S.Ct screening seek situation substantial third party tion violation waive waiver withdraw