Ethical problems in the practice of law / Lisa G. Lerman, Professor of Law, The Catholic University of America, Columbus School of Law; Philip G. Schrag, Delaney Family Professor of Public Interest Law, Director, Center for Applied Legal Studies, Georgetown University Law Center.
2016
KF306 .L465 2016 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Ethical problems in the practice of law / Lisa G. Lerman, Professor of Law, The Catholic University of America, Columbus School of Law; Philip G. Schrag, Delaney Family Professor of Public Interest Law, Director, Center for Applied Legal Studies, Georgetown University Law Center.
Published
New York : Wolters Kluwer, [2016]
Call Number
KF306 .L465 2016
Edition
Fourth edition.
ISBN
9781454863045
1454863048
1454863048
Description
xlix, 956 pages : illustrations ; 27 cm.
System Control No.
(OCoLC)930875609
Bibliography, etc. Note
Includes bibliographical references (pages xl-xlii) and index.
Series
Record Appears in
Added Author
Table of Contents
Table of Problems
xxix
Preface to the Fourth Edition for Teachers and Students
xxxiii
Acknowledgments
xxxix
Note to Students About Updates to This Book
xlix
Introduction
1
A.
Ethics, morals, and professionalism
1
B.
Some central themes in this book
8
1.
Conflicts of interest
8
2.
Truthfulness
9
3.
Lawyers' duties to clients versus their duties to the justice system
9
4.
Lawyers' personal and professional interests versus their fiduciary obligations
11
5.
Self-interest as a theme in regulation of lawyers
11
6.
Lawyers as employees: Institutional pressures on ethical judgments
12
7.
changing legal profession
13
C.
structure of this book
14
D.
rules quoted in this book: A note on sources
16
E.
Stylistic decisions
16
ch. 1
Regulation of Lawyers
19
A.
Institutions that regulate lawyers
20
1.
highest state courts
21
a.
responsibility of "self-regulation"
21
b.
inherent powers doctrine
24
2.
State and local bar associations
25
3.
Lawyer disciplinary agencies
26
4.
American Bar Association
27
5.
American Law Institute.
28
6.
Federal and state courts
29
7.
Legislatures
30
8.
Administrative agencies
32
9.
Prosecutors
33
10.
Malpractice insurers
34
11.
Law firms and other employers
35
12.
Clients
35
B.
State ethics codes
36
C.
Admission to practice
42
1.
short history of bar admission
42
2.
Contemporary bar admission requirements
43
3.
bar examination
44
Problem 1-1: The New Country
46
4.
character and fitness inquiry
46
a.
Criteria for evaluation
47
b.
Filling out the character questionnaire
54
Problem 1-2: Weed
57
c.
Mental health of applicants
59
d.
Law school discipline: A preliminary screening process
61
Problem 1-3: The Doctored Resume
61
ch. 2
Lawyer Liability
65
A.
Professional discipline
66
1.
History and process of lawyer discipline
67
2.
Grounds for discipline
74
Problem 2-1: The Dying Mother
78
Problem 2-2: "I'm Not Driving"
87
3.
Reporting misconduct by other lawyers
90
a.
duty to report misconduct
91
Problem 2-3: Exculpatory Evidence
95
b.
Lawyers' responsibility for ethical misconduct by colleagues and superiors
96
Problem 2-4: The Little Hearing
102
c.
Legal protections for subordinate lawyers
105
Case study: The strange tale of Scott McKay Wolas
108
Kelly v. Hunton & Williams
111
B.
Civil liability of lawyers
119
1.
Legal malpractice
120
2.
Malpractice insurance
125
3.
Other civil liability of lawyers
127
a.
Liability for breach of contract
127
b.
Liability for violation of regulatory statutes
128
4.
Disqualification for conflicts of interest
128
C.
Criminal liability of lawyers
128
D.
Client protection funds
133
E.
Summing up: The law governing lawyers
139
ch. 3
Duty to Protect Client Confidences
141
A.
basic principle of confidentiality
141
1.
Protection of "information relating to the representation of a client"
142
Problem 3-1: Your Dinner with Anna
145
2.
Protection of information if there is a reasonable prospect of harm to a client's interests
149
3.
bottom line on informal communications
150
4.
Additional cautions about protecting client confidences
151
B.
Exceptions to the duty to protect confidences
155
1.
Revelation of past criminal conduct
158
Case study: The missing persons: The defense of Robert Garrow
158
Problem 3-2: The Missing Persons, Scene 1
159
Problem 3-3: The Missing Persons, Scene 2
163
real case
164
Belge case
165
People v. Belge
166
People v. Belge (appeal)
167
Problem 3-4: The Missing Persons, Scene 3
168
2.
risk of future injury or death
170
Problem 3-5: Rat Poison
173
3.
Client frauds and crimes that cause financial harm
175
a.
Ethics rules allowing revelation of client crimes or frauds to prevent, mitigate, or remedy harm to others
175
b.
Enron and the Sarbanes-Oxley Subsequent developments in the implementation of Sarbanes-Oxley
181
Problem 3-6: Reese's Leases.
185
4.
Revealing confidences to obtain advice about legal ethics
188
5.
Using a client's confidential information to protect the lawyer's interests
188
6.
Revealing confidences to comply with a court order or other law
191
7.
Revealing confidences to prevent certain conflicts of interest
191
C.
Use or disclosure of confidential information for personal gain or to benefit another client
193
Problem 3-7: An Investment Project
194
D.
Talking to clients about confidentiality
195
ch. 4
Attorney-Client Privilege and the Work Product Doctrine
197
A.
Confidentiality and attorney-client privilege compared
198
1.
Ethics law versus evidence law
199
2.
Difference in scope
201
3.
Different methods of enforcement
201
4.
When attorney-client privilege is invoked
202
5.
Why study a rule of evidence in a professional responsibility course?
203
6.
Source of the privilege
203
B.
elements of attorney-client privilege
204
1.
Communication
204
2.
Privileged persons
204
3.
Communication in confidence
206
4.
Communication for the purpose of seeking legal assistance
207
C.
Client identity
D.
Waiver
213
1.
Waiver by the client
213
2.
Waiver by the lawyer
214
3.
Waiver by putting privileged communication into issue
216
4.
Waiver as to a conversation by disclosure of part of it
216
5.
Compliance with court orders
216
Problem 4-1: Murder for Hire
217
E.
crime-fraud exception
219
1.
No privilege if a client seeks assistance with a crime or fraud
219
2.
Procedure for challenging a claim of privilege
222
3.
potential importance of privilege claims in litigation
223
F.
Revelations permitted or required by the ethics codes
224
G.
death of the client
225
1.
Introduction
225
Problem 4-2: A Secret Confession
225
2.
suicide of Vincent Foster
227
a.
Factual background
227
b.
Supreme Court evaluates the privilege claim
228
Swidler & Berlin v. United States
228
H.
work product doctrine
230
1.
Work product prepared in anticipation of litigation
230
2.
Origins of the work product rule
230
3.
Materials not created or collected in anticipation of litigation
231
4.
qualified protection
231
5.
Protection of a lawyer's "mental impressions"
232
6.
Protection of work product, not underlying information
232
7.
Expert witnesses
233
I.
attorney-client privilege for corporations
233
1.
Upjohn case
233
2.
Governmental requests for waiver of privilege
235
Problem 4-3: Worldwide Bribery
237
J.
attorney-client privilege for government officials
238
ch. 5
Relationships Between Lawyers and Clients
239
A.
Formation of the lawyer-client relationship
240
1.
Lawyer discretion in selection of clients
240
2.
Offering advice as the basis for a lawyer-client relationship
246
Togstad v. Vesely, Otto, Miller & Keefe
247
B.
Lawyers' responsibilities as agents
253
1.
Express and implied authority
254
2.
Apparent authority
255
3.
Authority to settle litigation
255
C.
Lawyers' duties of competence, honesty, communication, and diligence
256
1.
Competence
257
Problem 5-1: The Washing Machine
260
2.
Competence in criminal cases
261
a.
Strickland v. Washington
262
b.
aftermath of Strickland
264
Problem 5-2: A Desire to Investigate
273
3.
Diligence
274
4.
Candor and communication
275
a.
Is it ever okay to lie?
275
b.
Lying versus deception: Is there a moral distinction?
277
c.
Truth versus truthfulness
278
d.
Honesty and communication under the ethics rules
278
e.
Civil liability for dishonesty to clients
280
5.
Candor in counseling
282
Problem 5-3: Torture
283
6.
Duties imposed by contract in addition to those imposed by the ethics codes
286
7.
Contractual reduction of a lawyer's duties: Client waiver of certain lawyer duties and "unbundled legal services"
287
8.
Contractual modification of a lawyer's duties: Collaborative law practice
291
D.
Who calls the shots?
293
1.
competent adult client
293
Jones v. Barnes
297
2.
Clients with diminished capacity
301
a.
Clients who may have mental impairments
302
Problem 5-4: The Package Bomber
303
Problem 5-5: Vinyl Windows
310
Problem 5-6: Tightening the Knot
312
b.
Juveniles
313
Frances Gall Hill, Clinical Education and the "Best Interest" Representation of Children in Custody Disputes: Challenges and Opportunities in Lawyering and Pedagogy
315
Problem 5-7: The Foster Child
317
E.
Terminating a lawyer-client relationship
320
1.
Duties to the client at the conclusion of the relationship
320
Problem 5-8: The Candid Notes
323
2.
Grounds for termination before the work is completed
324
a.
When the client fires the lawyer
325
b.
When continued representation would involve unethical conduct
325
c.
When the lawyer wants to terminate the relationship
325
d.
Matters in litigation
326
e.
When the client stops paying the fee
327
f.
When the case imposes an unreasonable financial burden on the lawyer
327
g.
When the client will not cooperate
327
3.
Fees
328
ch. 6
Conflicts of Interest: Current Clients
329
A.
introduction to conflicts of interest
330
1.
Why the study of conflicts is difficult
333
2.
How the conflicts Chapters are organized.
335
3.
How the conflicts rules are organized
336
B.
General principles in evaluating concurrent conflicts
337
1.
Rule 1.7
337
a.
Direct adversity
339
b.
Material limitation
340
2.
How to evaluate conflicts
341
3.
Nonconsentable conflicts
341
a.
lawyer's reasonable belief
342
b.
Representation prohibited by law
343
c.
Suing one client on behalf of another client
343
4.
Informed consent
344
5.
Withdrawal and disqualification
349
Problem 6-1: The Injured Passengers, Scene 1
351
6.
Imputation of concurrent conflicts
352
Problem 6-2: Food Poisoning
353
C.
Conflicts between current clients in litigation
356
1.
Suing a current client
356
Problem 6-3: I Thought You Were My Lawyer!
358
2.
Cross-examining a current client
359
3.
Representation of co-plaintiffs or co-defendants in civil litigation
360
Problem 6-4: The Injured Passengers, Scene 2
364
4.
Representing economic competitors in unrelated matters
364
5.
Conflicts in public interest litigation
365
Problem 6-5: The Prisoners' Dilemma
366
6.
Positional conflicts: Taking inconsistent legal positions in litigation
367
Problem 6-6: Top Gun
369
D.
Conflicts involving prospective clients
370
Problem 6-7: The Secret Affair
374
ch. 7
Current Client Conflicts in Particular Practice Settings
377
A.
Representing both parties to a transaction.
378
B.
Representing organizations
382
1.
Who is the client?
385
2.
Representing the entity and employees
387
3.
Duty to protect confidences of employees
388
4.
Responding to unlawful conduct by corporate officers and other employees
388
5.
Entity lawyers on boards of directors
389
Problem 7-1: A Motion to Disqualify
390
Problem 7-2: My Client's Subsidiary
391
C.
Representing co-defendants in criminal cases
393
1.
Costs and benefits of joint representation of co-defendants
393
2.
Ethics rules and the Sixth Amendment
395
Problem 7-3: Police Brutality, Scene 1
402
Problem 7-4: Police Brutality, Scene 2
403
Problem 7-5: Police Brutality, Scene 3
404
D.
Representing co-defendants in civil cases
405
Problem 7-6: Termination of Parental Rights
406
E.
Representing family members
408
1.
Representing both spouses in a divorce
408
2.
Representing family members in estate planning
409
Florida Bar Opinion 95-4 (1997)
409
Problem 7-7: Representing the McCarthys
411
F.
Representing insurance companies and insured persons
413
Problem 7-8: Two Masters
417
G.
Representing employers and immigrant employees
418
H.
Representing plaintiffs in class actions
420
I.
Representing parties to aggregate settlements of individual cases
423
ch. 8
Conflicts Involving Former Clients
427
A.
Nature of conflicts between present and former clients
428
B.
Duties to former clients
430
C.
Distinguishing present and former clients
432
D.
Evaluating successive conflicts
435
1.
same matter
436
2.
Substantial relationship
437
example of substantial relationship analysis: Westinghouse v. Gulf
445
3.
Material adversity
447
Problem 8-1: Keeping in Touch
449
E.
Addressing former client conflicts in practice
449
Problem 8-2: Toxic Waste
451
F.
Representing the competitor of a former client
454
Maritrans case
454
G.
Conflicts between the interests of a present client and a client who was represented by a lawyer's former firm
455
1.
Analyzing former firm conflicts
457
2.
Using or revealing a former client's confidences
458
H.
Imputation of former client conflicts to affiliated lawyers
460
Problem 8-3: A Brief Consultation
470
Problem 8-4: The Fatal Shot
473
ch. 9
Conflicts Between Lawyers and Clients
477
A.
Legal fees
479
1.
Lawyer-client fee contracts
479
a.
Types of fee agreements
480
b.
Reasonable fees
481
Matter of Fordham
485
c.
Communication about fee arrangements
488
Problem 9-1: An Unreasonable Fee?
491
d.
Modification of fee agreements
491
Problem 9-2: Rising Prices
492
2.
Regulation of hourly billing and billing for expenses
493
On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession / Patrick J. Schiltz
496
Scenes from a Law Firm / Lisa G. Lerman
508
3.
Contingent fees / Lisa G. Lerman
514
b.
Criminal and domestic relations cases / Lisa G. Lerman
520
4.
Forbidden and restricted fee and expense arrangements / Lisa G. Lerman
522
a.
Buying legal claims / Lisa G. Lerman
522
b.
Financial assistance to a client / Lisa G. Lerman
523
Problem 9-3: An Impoverished Client / Lisa G. Lerman
523
c.
Publication rights. / Lisa G. Lerman
524
d.
Advance payment of fees and nonrefundable retainer fees / Lisa G. Lerman
525
5.
Fee disputes / Lisa G. Lerman
527
a.
Prospective limitations of lawyers' liability and settlement of claims against lawyers / Lisa G. Lerman
527
b.
Fee arbitration / Lisa G. Lerman
530
c.
Collection of fees / Lisa G. Lerman
531
d.
Fees owed to a lawyer who withdraws or is fired before the matter is completed / Lisa G. Lerman
534
6.
Dividing fees with other firms or with nonlawyers / Lisa G. Lerman
534
a.
Division of fees between lawyers not in the same firm / Lisa G. Lerman
534
b.
Sharing fees with nonlawyers / Lisa G. Lerman
537
7.
Payment of fees by a third party / Lisa G. Lerman
538
B.
Lawyer as custodian of client property and documents / Lisa G. Lerman
539
1.
Client trust accounts / Lisa G. Lerman
539
2.
Responsibility for client property / Lisa G. Lerman
540
a.
Prompt delivery of funds or property / Lisa G. Lerman
540
b.
Disputes about money or property in lawyer's possession / Lisa G. Lerman
541
c.
Lawyers' responsibilities to clients' creditors / Lisa G. Lerman
541
3.
Administering estates and trusts / Lisa G. Lerman
542
C.
Conflicts with lawyers' personal or business interests / Lisa G. Lerman
543
1.
In general / Lisa G. Lerman
543
2.
Business transactions between lawyer and client / Lisa G. Lerman
544
3.
Gifts from clients / Lisa G. Lerman
549
4.
Sexual relationships with clients / Lisa G. Lerman
550
5.
Intimate or family relationships with adverse lawyers / Lisa G. Lerman
552
6.
Imputation of lawyer-client conflicts to other lawyers in a firm / Lisa G. Lerman
553
a.
Financial interest conflicts / Lisa G. Lerman
553
b.
General rule on imputation of conflicts with a lawyer's interests / Lisa G. Lerman
553
ch. 10
Conflicts Issues for Government Lawyers and Judges / Lisa G. Lerman
555
A.
Regulation of government lawyers and those who lobby them / Lisa G. Lerman
556
1.
law governing lobbying: An introduction / Lisa G. Lerman
556
2.
Conflict of interest and "revolving door" statutes / Lisa G. Lerman
558
B.
Successive conflicts of former and present government lawyers / Lisa G. Lerman
560
1.
Conflicts of former government lawyers in private practice / Lisa G. Lerman
561
a.
What is a "matter"? / Lisa G. Lerman
562
b.
Personal and substantial participation / Lisa G. Lerman
563
c.
Screening of former government lawyers / Lisa G. Lerman
565
d.
Confidential government information / Lisa G. Lerman
566
2.
Conflicts of government lawyers who formerly worked in private practice / Lisa G. Lerman
568
Problem 10-1: The District Attorney / Lisa G. Lerman
569
C.
Conflicts involving judges, arbitrators, and mediators / Lisa G. Lerman
570
1.
History of judicial ethics codes in the United States / Lisa G. Lerman
571
2.
Overview of the Model Code of Judicial Conduct / Lisa G. Lerman
573
3.
Impartiality and fairness; avoidance of bias, prejudice, and harassment / Lisa G. Lerman
576
4.
Ex parte communications. / Lisa G. Lerman
580
5.
Disqualification of judges / Lisa G. Lerman
582
Problem 10-2: A Trip to Monte Carlo / Lisa G. Lerman
590
Problem 10-3: The Judge's Former Professor / Lisa G. Lerman
592
6.
Conflicts rules for former judges, law clerks, arbitrators, and mediators / Lisa G. Lerman
594
a.
Personal and substantial participation / Lisa G. Lerman
594
b.
Imputation / Lisa G. Lerman
595
c.
Employment negotiation / Lisa G. Lerman
595
ch. 11
Lawyers' Duties to Courts / Lisa G. Lerman
597
A.
Being a good person in an adversary system / Lisa G. Lerman
598
Can a Good Lawyer Be a Bad Person? / Stephen Gillers
600
B.
Investigation before filing a complaint / Stephen Gillers
601
Problem 11-1: Your Visit from Paula Jones. / Stephen Gillers
608
C.
Truth and falsity in litigation / Stephen Gillers
609
1.
rules on candor to tribunals / Stephen Gillers
609
2.
Which rule applies when? A taxonomy of truth-telling problems in litigation / Stephen Gillers
611
3.
lawyer's duties if a client or witness intends to give false testimony / Stephen Gillers
613
a.
When the lawyer believes that a criminal defendant intends to lie on the stand / Stephen Gillers
613
Nix v. Whiteside / Stephen Gillers
613
b.
lawyer's "knowledge" of a client's intent to give false testimony / Stephen Gillers
618
Problem 11-2: Flight from Sudan, Scene 1 / Stephen Gillers
620
c.
lawyer's duties if a client intends to mislead the court without lying / Stephen Gillers
624
Problem 11-3: Flight from Sudan, Scene 2 / Stephen Gillers
626
d.
lawyer's duty if he knows that a client has lied to a tribunal / Stephen Gillers
628
e.
Variations in state rules on candor to tribunals / Stephen Gillers
628
4.
False impressions created by lawyers during litigation / Stephen Gillers
631
How Simpson Lawyers Bamboozled a Jury / Stephen Gillers
631
Problem 11-4: The Drug Test / Stephen Gillers
633
Problem 11-5: The Body Double / Stephen Gillers
634
5.
Lawyers' duties of truthfulness in preparing witnesses to testify / Stephen Gillers
635
Problem 11-6: Refreshing Recollection / Stephen Gillers
638
D.
Concealment of physical evidence and documents / Stephen Gillers
640
1.
Duties of criminal defense lawyers with respect to evidence of crimes / Stephen Gillers
640
Problem 11-7: Child Pornography / Stephen Gillers
649
2.
Concealment of documents and other evidence in civil and criminal cases / Stephen Gillers
650
a.
limited obligation to reveal / Stephen Gillers
650
b.
lawyer's duties in responding to discovery requests / Stephen Gillers
652
Views from the Front Lines: Observations by Chicago Lawyers About the System of Civil Discovery / Wayne D. Brazil
653
Ethics: Beyond the Rules / Wayne D. Brazil
655
Problem 11-8: The Damaging Documents / Wayne D. Brazil
658
E.
duty to disclose adverse legal authority / Wayne D. Brazil
661
F.
Disclosures in ex parte proceedings / Wayne D. Brazil
663
G.
Improper influences on judges and juries / Wayne D. Brazil
665
1.
Improper influences on judges / Wayne D. Brazil
665
a.
Ex parte communication with judges / Wayne D. Brazil
665
b.
Campaign contributions / Wayne D. Brazil
667
2.
Improper influences on juries / Wayne D. Brazil
668
a.
Lawyers' comments to the press / Wayne D. Brazil
668
Narrowing restrictions on trial publicity: the Gentile case / Wayne D. Brazil
668
Problem 11-9: A Letter to the Editor / Wayne D. Brazil
672
Notable Case of Exceptionally Unsafe Sex / Scott Brede
674
b.
Impeachment of truthful witnesses / Scott Brede
675
Criminal Defense Lawyer's "Different Mission": Reflections on the "Right" to Present a False Case / Harry I. Subin
676
c.
Statements by lawyers during jury trials / Harry I. Subin
677
H.
Lawyers' duties in nonadjudicative proceedings / Harry I. Subin
683
ch. 12
Lawyers' Duties to Adversaries and Third Persons / Harry I. Subin
687
A.
Communications with lawyers and third persons / Harry I. Subin
688
1.
Deception of third persons / Harry I. Subin
688
a.
duty to avoid material false statements / Harry I. Subin
688
Problem 12-1: Emergency Food Stamps / Harry I. Subin
689
b.
Lawyers' duties of truthfulness in fact investigation / Harry I. Subin
692
Gatti case / Harry I. Subin
693
Note About Gatti / Harry I. Subin
694
c.
Lawyers' duties of truthfulness in negotiation / Harry I. Subin
697
d.
Receipt of inadvertently transmitted information, including metadata / Harry I. Subin
700
e.
Obligation of disclosure to third persons / Harry I. Subin
702
2.
Restrictions on contact with represented persons. / Harry I. Subin
702
Messing case / Harry I. Subin
708
3.
Restrictions on contact with unrepresented persons / Harry I. Subin
710
Problem 12-2: The Complaining Witness / Harry I. Subin
715
4.
Respect for the rights of third persons / Harry I. Subin
717
Problem 12-3: The Break-In / Harry I. Subin
718
Note: Stolen documents as evidence / Harry I. Subin
719
B.
Duties of prosecutors / Harry I. Subin
719
Trial and Error, Part 1: Verdict: Dishonor / Ken Armstrong Maurice Possley
720
1.
Undercover investigations / Ken Armstrong Maurice Possley
722
Problem 12-4: The Prosecutor's Masquerade / Maurice Possley Ken Armstrong
725
Problem 12-5: The Corrupt Governor / Maurice Possley Ken Armstrong
726
2.
Required investigation by prosecutors before charges are filed / Ken Armstrong Maurice Possley
728
3.
Concealment of exculpatory evidence / Ken Armstrong Maurice Possley
730
Duke lacrosse case / Ken Armstrong Maurice Possley
730
4.
Unreliable evidence / Maurice Possley Ken Armstrong
732
5.
Pretrial publicity / Ken Armstrong Maurice Possley
735
6.
Enforcement / Ken Armstrong Maurice Possley
736
Wrongful Convictions: It Is Time to Take Prosecution Discipline Seriously / Ellen Yaroshefsky
736
C.
Conduct prejudicial to the administration of justice / Ellen Yaroshefsky
738
Problem 12-6: A Letter of Commendation / Ellen Yaroshefsky
740
D.
Are lawyers really too zealous? / Ellen Yaroshefsky
741
Moral Philosophy's Standard Misconception of Legal Ethics / Ted Schneyer
742
ch. 13
Provision of Legal Services / Ted Schneyer
745
A.
unmet need for legal services / Ted Schneyer
746
B.
Sources of free legal services for those who cannot afford legal fees / Ted Schneyer
753
1.
Right to counsel for indigent litigants / Ted Schneyer
753
a.
Criminal defendants / Ted Schneyer
753
With Justice for Few: The Growing Crisis in Death Penalty Representation / Richard C. Dieter
758
b.
Parties in civil and administrative proceedings / Richard C. Dieter
761
2.
Civil legal aid / Richard C. Dieter
765
a.
Legal Services Corporation / Richard C. Dieter
765
Securing Equal Justice for All: A Brief History of Civil Legal Assistance in the United States / Alan W. Houseman Linda E. Perle
766
Problem 13-1: Restrictions on Legal Services / Alan W. Houseman Linda E. Perle
773
b.
Other civil legal services / Alan W. Houseman Linda E. Perle
775
c.
IOLTA controversy / Alan W. Houseman Linda E. Perle
775
3.
Fee-shifting statutes / Alan W. Houseman Linda E. Perle
776
a.
Fee waiver as a term of a settlement / Alan W. Houseman Linda E. Perle
777
b.
Who is a "prevailing party" entitled to attorneys' fees? / Alan W. Houseman Linda E. Perle
780
Fee-Shifting Fallout / Margaret Graham Tebo
781
4.
Pro bono representation / Margaret Graham Tebo
781
Changing Conceptions of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige to Stated Expectations / Judith L. Maute
789
Problem 13-2: Mandatory Pro Bono Service / Judith L. Maute
792
5.
Loan forgiveness and scholarships for public service lawyers / Judith L. Maute
793
C.
Restrictions on participation by nonlawyers in providing legal services / Judith L. Maute
795
1.
Unauthorized practice of law statutes / Judith L. Maute
795
Statement Before the ABA Commission on Non-lawyer Practice / David C. Vladeck
797
Problem 13-3: Special Education / David C. Vladeck
803
2.
prohibition of multidisciplinary practice / David C. Vladeck
805
3.
prohibition of nonlawyer investment in law firms / David C. Vladeck
809
Problem 13-4: Service to the Poor and Middle Class / David C. Vladeck
813
ch. 14
American Legal Profession: Past, Present, and Future / David C. Vladeck
815
A.
History and development of the U.S. legal profession / David C. Vladeck
817
1.
Pre-revolutionary America / David C. Vladeck
817
2.
nineteenth and twentieth centuries / David C. Vladeck
818
3.
short history of American legal education / David C. Vladeck
819
B.
Advertising and solicitation / David C. Vladeck
822
1.
Advertising of legal services / David C. Vladeck
822
Bates v. State Bar of Arizona / David C. Vladeck
822
2.
Solicitation of clients / David C. Vladeck
829
Problem 14-1: Do You Need a Lawyer? / David C. Vladeck
832
C.
Diversity and discrimination in U.S. law firms / David C. Vladeck
834
1.
Women / David C. Vladeck
836
Problem 14-2: The Job Interview / David C. Vladeck
841
2.
People of color / David C. Vladeck
842
3.
Lesbian, gay, bisexual, and transgender lawyers / David C. Vladeck
847
4.
Lawyers with disabilities / David C. Vladeck
849
5.
Other bases of discrimination / David C. Vladeck
850
D.
Legal culture in certain practice settings / David C. Vladeck
851
1.
Large firms / David C. Vladeck
856
Embodiment of Evil: Law Firms in the Movies / Michael Asimow
857
On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession / Patrick J. Schiltz
860
2.
Small firms / Patrick J. Schiltz
863
a.
Salaries and attrition / Patrick J. Schiltz
863
b.
Setting one's own schedule / Patrick J. Schiltz
863
c.
Bringing in business / Patrick J. Schiltz
866
d.
Promotion in small firms / Patrick J. Schiltz
866
e.
Other features of small-firm life / Patrick J. Schiltz
866
f.
Urban versus rural practice / Patrick J. Schiltz
867
g.
Gender patterns in small firms / Patrick J. Schiltz
868
h.
future of small firms / Patrick J. Schiltz
868
i.
Small firms and the Internet / Patrick J. Schiltz
869
3.
Government and nonprofit organizations / Patrick J. Schiltz
869
E.
Work settings for lawyers: Culture and satisfaction / Patrick J. Schiltz
871
F.
business of law practice in the twenty-first century / Patrick J. Schiltz
875
1.
2008 recession: Impact on the legal profession / Patrick J. Schiltz
876
2.
Structural changes in private law practice / Patrick J. Schiltz
879
3.
Temporary and contract lawyers / Patrick J. Schiltz
880
4.
Lawyers in retail stores / Patrick J. Schiltz
882
5.
Internet as a substitute for legal services / Patrick J. Schiltz
883
6.
Outsourcing legal work to cut labor costs: Offshoring and onshoring / Patrick J. Schiltz
884
7.
Multistate practice: A challenge to state-based licensing / Patrick J. Schiltz
888
It's an MJP World: Model Rules Revisions Open the Door for Lawyers to Work Outside Their Home Jurisdictions / Stephen Gillers
890
8.
Globalization of law practice / Stephen Gillers
895
9.
New methods of financing law firms and legal work / Stephen Gillers
895
About the Authors / Stephen Gillers
901
Table of Articles, Books, and Reports / Stephen Gillers
903
Table of Cases / Stephen Gillers
923
Table of Rules, Restatements, Statutes, Bar Opinions, and Other Standards / Stephen Gillers
929
Index / Stephen Gillers
941