Ethical problems in the practice of law / Lisa G. Lerman, Philip G. Shrag.
2012
KF306 .L465 2012 (Map It)
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Details
Author
Title
Ethical problems in the practice of law / Lisa G. Lerman, Philip G. Shrag.
Published
New York : Wolters Kluwer Law & Business, [2012]
Copyright
©2012
Call Number
KF306 .L465 2012
Edition
Third edition.
ISBN
9781454803010 (hbk. : alk. paper)
1454803010 (hbk. : alk. paper)
9781454803027 (pbk. ; teacher's manual)
1454803029 (pbk. ; teacher's manual)
1454803010 (hbk. : alk. paper)
9781454803027 (pbk. ; teacher's manual)
1454803029 (pbk. ; teacher's manual)
Description
xlv, 1,011 pages : illustrations ; 26 cm + teacher's manual + 1 CD-ROM (4 3/4 in).
System Control No.
(OCoLC)758099179
Bibliography, etc. Note
Includes bibliographical references (pages 955-974) and index.
Series
Record Appears in
Local Note
Library lacks teacher's manual and CD-ROM.
Added Author
Table of Contents
Table of Problems
xxix
Preface to the Third Edition for Teachers and Students
xxxiii
Acknowledgments
xxxix
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
10
4.
Lawyers' personal and professional interests versus their fiduciary obligations
11
5.
Self-interest as a theme in regulation of lawyers
12
6.
Lawyers as employees: Institutional pressures on ethical judgments
13
7.
The changing legal profession
14
C.
The structure of this book
15
D.
The rules quoted in this book: A note on sources
17
E.
Stylistic decisions
19
pt. I
REGULATION OF THE LEGAL PROFESSION
21
ch. 1
The Regulation of Lawyers
23
A.
Institutions that regulate lawyers
24
1.
The highest state courts
25
a.
The responsibility of "self-regulation"
25
b.
The inherent powers doctrine
28
2.
State and local bar associations
31
3.
Lawyer disciplinary agencies
32
4.
American Bar Association
32
5.
American Law Institute
34
6.
Federal and state courts
35
7.
Legislatures
37
8.
Administrative agencies
38
9.
Prosecutors
39
10.
Malpractice insurers
41
11.
Law firms and other employers
41
12.
Clients
42
B.
State ethics codes
45
C.
Admission to practice
52
1.
A short history of bar admission
52
2.
Contemporary bar admission requirements
53
3.
The bar examination
54
Problem 1-1
The New Country
55
4.
The character and fitness inquiry
56
a.
Criteria for evaluation
57
b.
Filling out the character questionnaire
64
Problem 1-2
Weed
67
c.
Mental health of applicants
68
d.
Misconduct during law school
71
In re Mustafa
71
California Bar Journal
74
e.
Law school discipline: A preliminary screening process
76
Problem 1-3
The Doctored Resume
77
ch. 2
Lawyer Liability
79
A.
Professional discipline
81
1.
History and process of lawyer discipline
81
2.
Grounds for discipline
88
Problem 2-1
"I'm Not Driving"
97
3.
Reporting misconduct by other lawyers
100
a.
The duty to report misconduct
101
Daryl van Duch, Best Snitches: Land of Lincoln Leads the Nation in Attorneys Turning in Their Peers
105
Problem 2-2
Exculpatory Evidence
110
b.
Lawyers' responsibility for ethical misconduct by colleagues and superiors
111
Problem 2-3
The Little Hearing
117
c.
Legal protections for subordinate lawyers
118
Andrea Sachs, Whistleblower Wins Appeal: N.Y. Court Rules Attorney Can't Be Fired for Reporting Dishonest Conduct
120
The Jacobson case: A contrary result
121
The strange tale of Scott McKay Wolas
122
Kelly v. Hunton & Williams
125
B.
Civil liability of lawyers
135
1.
Legal malpractice
135
2.
Malpractice insurance
140
3.
Other civil liability of lawyers
143
a.
Liability for breach of contract
143
b.
Liability for violation of regulatory statutes
143
4.
Disqualification for conflicts of interest
144
C.
Criminal liability of lawyers
144
D.
Client protection funds
148
E.
Summing up: The law governing lawyers
154
pt. II
THE DUTIES OF LAWYERS
157
ch. 3
The Duty to Protect Client Confidences
159
A.
The basic principle of confidentiality
160
1.
Protection of "information relating to the representation of a client"
160
Problem 3-1
Your Dinner with Anna, Scene 1
163
Problem 3-2
Your Dinner with Anna, Scene 2
165
2.
Protection of information if there is a reasonable prospect of harm to a client's interests
167
3.
The bottom line on informal conversations
168
4.
Additional cautions about protecting client confidences
169
B.
Exceptions to the duty to protect confidences
170
1.
Revelation of past criminal conduct
173
The missing persons case: The defense of Robert Garrow
174
Problem 3-3
The Missing Persons, Scene 1
174
Problem 3-4
The Missing Persons, Scene 2
179
The real case
180
People v. Belge
181
People v. Belge (appeal)
183
Problem 3-5
The Missing Persons, Scene 3
184
2.
The risk of future injury or death
185
Spaulding v. Zimmerman: Revealing confidences to prevent injury or death
188
Spaulding v. Zimmerman
189
Problem 3-6
Rat Poison
198
Problem 3-7
Your Dinner with Anna, Scene 3
199
3.
Client frauds and crimes that cause financial harm
201
a.
Lawyers prohibited from advising or assisting clients' crimes and frauds
201
Problem 3-8
The Dying Mother
205
b.
Ethics rules allowing revelation of client crimes or frauds to prevent, mitigate, or remedy harm to others
207
c.
Enron and the Sarbanes-Oxley Act
211
Recent developments in the implementation of Sarbanes-Oxley
213
Problem 3-9
Reese's Leases
218
4.
Revealing confidences to obtain advice about legal ethics
220
5.
Using a client's confidential information to protect the lawyer's interests
221
6.
Revealing confidences to comply with a court order or other law
223
C.
Use or disclosure of confidential information for personal gain or to benefit another client
225
Problem 3-10
An Investment Project
226
D.
Talking to clients about confidentiality
227
ch. 4
The Attorney-Client Privilege and the Work Product Doctrine
229
A.
Confidentiality and attorney-client privilege compared
231
1.
Ethics law versus evidence law
231
2.
Difference in scope
233
3.
Different methods of enforcement
233
4.
When attorney-client privilege is invoked
234
5.
Why study a rule of evidence in a professional responsibility course?
235
6.
Source of the privilege
235
B.
The elements of attorney-client privilege
236
1.
Communication
236
2.
Privileged persons
236
3.
Communication in confidence
237
4.
Communication for the purpose of seeking legal assistance
238
C.
Client identity
242
D.
Waiver
243
1.
Waiver by the client
243
2.
Waiver by the lawyer
245
3.
Waiver by putting privileged communication into issue
246
4.
Waiver as to a conversation by disclosure of part of it
247
5.
Compliance with court orders
247
Problem 4-1
Murder for Hire
247
E.
The crime-fraud exception
249
1.
No privilege if a client seeks assistance with a crime or fraud
249
Problem 4-2
The Fatal Bus Crash
253
2.
Procedure for challenging a claim of privilege
255
3.
The potential importance of privilege claims in litigation
255
F.
The death of the client
256
1.
Introduction
256
Problem 4-3
A Secret Confession
257
2.
The suicide of Vincent Foster
258
a.
Factual background
258
b.
The Supreme Court evaluates the privilege claim
259
Swidler & Berlin v. United States
259
G.
The work product doctrine
261
1.
Work product prepared in anticipation of litigation
261
2.
Origins of the work product rule
262
3.
Materials not created or collected in anticipation of litigation
262
4.
A qualified protection
263
5.
Protection of lawyer's "mental impressions"
264
6.
Protection of work product, not underlying information
264
7.
Expert witnesses
264
H.
The privilege for corporations
265
1.
The scope of the privilege for corporations
265
Upjohn Co. v. United States
265
2.
Governmental requests for waiver of privilege
271
Sarah Helene Duggin, The McNulty Memorandum, the KPMG Decision and Corporate Cooperation: Individual Rights and Legal Ethics
272
Problem 4-4
Worldwide Bribery
276
ch. 5
Relationships Between Lawyers and Clients
279
A.
Formation of the lawyer-client relationship
280
1.
Choosing clients
280
2.
Offering advice as the basis for a lawyer-client relationship
285
Togstad v. Vesely, Otto, Miller & Keefe
286
B.
Lawyers' responsibilities as agents
293
1.
Express and implied authority
294
2.
Apparent authority
294
3.
Authority to settle litigation
295
C.
Lawyers' duties of competence, honesty, communication, and diligence
296
1.
Competence
297
Problem 5-1
The Washing Machine
301
2.
Competence in criminal cases
302
Strickland v. Washington
303
3.
Diligence
312
4.
Candor and communication
313
a.
Is it ever okay to lie?
313
b.
Lying versus deception: Is there a moral distinction?
315
c.
Truth versus truthfulness
316
d.
Honesty and communication under the ethics rules
316
e.
Civil liability for dishonesty to clients
319
Problem 5-2
Lying to Clients
320
5.
Candor in counseling
322
Problem 5-3
Torture
323
6.
Duties imposed by contract in addition to those imposed by the ethics codes
326
7.
Contractual reduction of a lawyer's duties: Client waiver of certain lawyer duties and "unbundled legal services"
327
8.
Contractual modification of a lawyer's duties: Collaborative law practice
332
D.
Who calls the shots?
334
1.
The competent adult client
334
Jones v. Barnes
338
2.
Clients with diminished capacity
346
a.
Clients who may have mental disabilities
347
Problem 5-4
The Package Bomber
348
Paul R. Tremblay, On Persuasion and Paternalism: Lawyer Decisionmaking and the Questionably Competent Client
354
Problem 5-5
Vinyl Windows
357
Problem 5-6
Tightening the Knot
359
b.
Juveniles
360
Martin Guggenheim, A Paradigm for Determining the Role of Counsel for Children
360
ABA, Standards of Practice for Lawyers Representing a Child in Abuse and Neglect Cases (1996)
363
Frances Gall Hill, Clinical Education and the "Best Interest" Representation of Children in Custody Disputes: Challenges and Opportunities in Lawyering and Pedagogy
364
Problem 5-7
The Foster Child
366
E.
Terminating a lawyer-client relationship
370
1.
Duties to the client at the conclusion of the relationship
370
Problem 5-8
The Candid Notes
372
2.
Grounds for termination before the work is completed
374
a.
When the client fires the lawyer
374
b.
When continued representation would involve unethical conduct
374
c.
When the lawyer wants to terminate the relationship
375
d.
Matters in litigation
375
e.
When the client stops paying the fee
376
f.
When the case imposes an unreasonable financial burden on the lawyer
377
g.
When the client will not cooperate
377
ch. 6
Conflicts of Interest: Current Clients
379
A.
An introduction to conflicts of interest
380
1.
Why the study of conflicts is difficult
383
2.
How the conflicts chapters are organized
385
3.
How the conflicts rules are organized
386
B.
General principles in evaluating concurrent conflicts
388
1.
Rule 1.7
388
a.
Direct adversity
390
b.
Material limitation
391
2.
How to evaluate conflicts
392
3.
Nonconsentable conflicts
392
a.
The lawyer's reasonable belief
393
b.
Representation prohibited by law
394
c.
Suing one client on behalf of another client
394
4.
Informed consent
395
5.
Withdrawal and disqualification
400
6.
Imputation of concurrent conflicts
401
Problem 6-1
The Injured Passengers, Scene 1
403
C.
Conflicts between current clients in litigation
404
1.
Suing a current client
404
Problem 6-2
I thought you were my lawyer!
406
2.
Cross-examining a current client
407
3.
Representation of co-plaintiffs or co-defendants in civil litigation
408
Problem 6-3
The Injured Passengers, Scene 2
411
4.
Representing economic competitors in unrelated matters
412
5.
Conflicts in public interest litigation
412
Problem 6-4
The Prisoners' Dilemma
413
6.
Positional conflicts: Taking inconsistent legal positions in litigation
414
Problem 6-5
Top Gun
416
D.
Conflicts involving prospective clients
418
Problem 6-6
The Secret Affair
420
ch. 7
Current Client Conflicts in Particular Practice Settings
423
A.
Representing both parties to a transaction
425
B.
Representing organizations
428
1.
Who is the client?
431
2.
Representing the entity and employees
433
3.
Duty to protect confidences of employees
434
4.
Responding to unlawful conduct by corporate officers and other employees
435
5.
Entity lawyers on boards of directors
436
Problem 7-1
A Motion to Disqualify
437
Problem 7-2
My Client's Subsidiary
438
C.
Representing criminal co-defendants
439
1.
Costs and benefits of joint representation of co-defendants
439
2.
Ethics rules and the Sixth Amendment
441
Problem 7-3
Police Brutality, Scene 1
447
Problem 7-4
Police Brutality, Scene 2
448
Problem 7-5
Police Brutality, Scene 3
449
D.
Representing family members
450
1.
Representing both spouses in a divorce
450
2.
Representing family members in estate planning
451
Florida Bar Opinion 95-4 (1997)
452
Problem 7-6
Representing the McCarthys
454
E.
Representing insurance companies and insured persons
456
Problem 7-7
Two Masters
460
F.
Representing employers and immigrant employees
461
G.
Representing plaintiffs in class actions
463
H.
Representing parties to aggregate settlements of individual cases
466
ch. 8
Conflicts Involving Former Clients
471
A.
Nature of conflicts between present and former clients
472
B.
Duties to former clients
474
C.
Distinguishing present and former clients
476
D.
Evaluating successive conflicts
480
1.
The same matter
481
2.
Substantial relationship
481
3.
Material adversity
492
Problem 8-1
Keeping in Touch
494
E.
Addressing former client conflicts in practice
494
Problem 8-2
The District Attorney
496
F.
Representing the competitor of a former client
497
G.
Conflicts between the interests of a present client and a client who was represented by a lawyer's former firm
499
1.
Analyzing former firm conflicts
500
2.
Using or revealing a former client's confidences
501
Problem 8-3
A Dysfunctional Family Business
502
H.
Imputation of former client conflicts to affiliated lawyers
505
Problem 8-4
The Firm's New Partner
515
Problem 8-5
The Fatal Shot
517
ch. 9
Conflicts Between Lawyers and Clients
521
A.
Legal fees
524
1.
Lawyer-client fee contracts
524
a.
Types of fee agreements
524
b.
Reasonable fees
525
Brobeck, Phleger & Harrison v. Telex Corp.
530
In the Matter of Fordham
531
c.
Communication about fee arrangements
538
Problem 9-1
An Unreasonable Fee?
541
d.
Modification of fee agreements
541
Problem 9-2
Rising Prices
542
2.
Regulation of hourly billing and billing for expenses
543
Patrick J. Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession
545
Lisa G. Lerman, Scenes from a Law Firm
559
3.
Contingent fees
566
a.
In general
566
b.
Criminal and domestic relations cases
571
4.
Forbidden and restricted fee and expense arrangements
573
a.
Buying legal claims
573
b.
Financial assistance to a client
574
Problem 9-3
An Impoverished Client
575
c.
Publication rights
576
d.
Advance payment of fees and nonrefundable retainer fees
576
5.
Fee disputes
578
a.
Prospective limitations of lawyers' liability and settlement of claims against lawyers
578
b.
Fee arbitration
581
c.
Collection of fees
582
d.
Fees owed to a lawyer who withdraws or is fired before the matter is completed
584
6.
Dividing fees with other firms or with nonlawyers
585
a.
Division of fees between lawyers not in the same firm
585
b.
Sharing fees with nonlawyers
587
7.
Payment of fees by a third party
588
B.
Lawyer as custodian of client property and documents
589
1.
Client trust accounts
589
2.
Responsibility for client property
591
a.
Prompt delivery of funds or property
591
b.
Disputes about money or property in lawyer's possession
592
c.
Lawyers' responsibilities to clients' creditors
592
3.
Administering estates and trusts
593
C.
Conflicts with lawyers' personal or business interests
593
1.
In general
593
2.
Business transactions between lawyer and client
594
Problem 9-4
Starting a Business
599
3.
Gifts from clients
600
4.
Sexual relationships with clients
601
5.
Intimate or family relationships with adverse lawyers
603
6.
Imputation of lawyer-client conflicts to other lawyers in a firm
604
a.
Financial interest conflicts
604
b.
General rule on imputation of conflicts with a lawyer's interests
604
ch. 10
Conflicts Issues for Government Lawyers and Judges
607
A.
Successive conflicts of former and present government lawyers
607
1.
Conflicts of former government lawyers in private practice
609
a.
What is a "matter"?
610
b.
Personal and substantial participation
612
c.
Screening of former government lawyers
613
d.
Confidential government information
613
Problem 10-1
A Lawyer for Libya
615
2.
Conflicts of government lawyers who formerly worked in private practice
620
B.
Conflicts involving judges, arbitrators, and mediators
621
1.
History of judicial ethics codes in the United States
622
2.
Overview of the Model Code of Judicial Conduct
624
3.
Impartiality and fairness; avoidance of bias, prejudice, and harassment
626
4.
Ex parte communications
629
5.
Disqualification of judges
630
Problem 10-2
A Trip to Monte Carlo
636
Problem 10-3
The Judge's Former Professor
638
6.
Conflicts rules for former judges, law clerks, arbitrators, and mediators
640
a.
Personal and substantial participation
640
b.
Imputation
641
c.
Employment negotiation
641
ch. 11
Lawyers' Duties to Courts
643
A.
Being a good person in an adversary system
644
Stephen Gillers, Can a Good Lawyer Be a Bad Person?
646
B.
Investigation before filing a complaint
647
Problem 11-1
Your Visit from Paula Jones
654
C.
Truth and falsity in litigation
655
1.
The rules on candor to tribunals
655
2.
Which rule applies when? A taxonomy of truth-telling problems in litigation
657
3.
A lawyer's duties if a client or witness intends to give false testimony
658
a.
When the lawyer believes that a criminal defendant intends to lie on the stand
658
Nix v. Whiteside
658
b.
A lawyer's "knowledge" of a client's intent to give false testimony
664
Problem 11-2
Flight from Sudan, Scene 1
665
c.
A lawyer's duties if a client intends to mislead the court without lying
668
Problem 11-3
Flight from Sudan, Scene 2
671
d.
Variations in state rules on candor to tribunals
672
4.
False impressions created by lawyers during litigation
675
How Simpson Lawyers Bamboozled a Jury
676
Problem 11-4
The Drug Test
677
Problem 11-5
The Body Double
678
5.
Lawyers' duties of truthfulness in preparing witnesses to testify
679
Problem 11-6
Refreshing Recollection
682
D.
Concealment of physical evidence and documents
684
1.
Duties of criminal defense lawyers with respect to evidence of crimes
684
Problem 11-7
Child Pornography
691
2.
Concealment of documents and other evidence in civil and criminal cases
692
a.
A more limited obligation to reveal
692
b.
A lawyer's duties in responding to discovery requests
694
Wayne D. Brazil, Views from the Front Lines: Observations by Chicago Lawyers About the System of Civil Discovery
695
Ethics: Beyond the Rules (symposium)
697
Problem 11-8
The Damaging Documents
700
E.
The duty to disclose adverse legal authority
703
F.
Disclosures in ex parte proceedings
705
G.
Improper influences on judges and juries
707
1.
Improper influences on judges
707
a.
Ex parte communication with judges
707
b.
Campaign contributions
709
2.
Improper influences on juries
710
a.
Lawyers' comments to the press
710
The Gentile case
710
Problem 11-9
A Letter to the Editor
714
Scott Brede, A Notable Case of Exceptionally Unsafe Sex
715
b.
Impeachment of truthful witnesses
716
Harry I. Subin, The Criminal Defense Lawyer's "Different Mission": Reflections on the "Right" to Present a False Case
717
c.
Statements by lawyers during jury trials
719
H.
Lawyers' duties in nonadjudicative proceedings
725
ch. 12
Lawyers' Duties to Adversaries and Third Persons
729
A.
Communications with lawyers and third persons
730
1.
Deception of third persons
730
a.
The duty to avoid material false statements
730
Problem 12-1
Emergency Food Stamps
731
b.
Lawyers' duties of truthfulness in fact investigation
734
Apple Corps, Ltd. v. International Collectors Society
735
The Gatti case
736
In re Gatti
737
c.
Lawyers' duties of truthfulness in negotiation
741
Carrie Menkel-Meadow, Ethics, Morality and Professional Responsibility in Negotiation
742
d.
Receipt of inadvertently transmitted information, including metadata
744
e.
Obligation of disclosure to third persons
746
2.
Restrictions on contact with represented persons
747
Messing, Rudavsky & Weliky, P.C. v. President & Fellows of Harvard College
751
3.
Restrictions on contact with unrepresented persons
758
Problem 12-2
The Complaining Witness
762
Problem 12-3
The Break-In
765
B.
Duties of prosecutors
766
Ken Armstrong & Maurice Possley, Trial and Error, Part I: Verdict: Dishonor
767
1.
Undercover investigations
769
Problem 12-4
The Prosecutor's Masquerade
772
2.
Required investigation by prosecutors before charges are filed
773
3.
Concealment of exculpatory evidence
774
4.
Unreliable evidence
777
5.
Enforcement
779
Ellen Yaroshefsky, Wrongful Convictions: It Is Time to Take Prosecution Discipline Seriously
779
C.
Conduct prejudicial to the administration of justice
781
Problem 12-5
The Suggested Boycott
783
D.
Are lawyers really too zealous?
784
Ted Schneyer, Moral Philosophy's Standard Misconception of Legal Ethics
785
ch. 13
The Provision of Legal Services
789
A.
The unmet need for legal services
790
B.
Sources of free legal services for those who cannot afford legal fees
796
1.
Right to counsel for indigent litigants
796
a.
Criminal defendants
796
Problem 13-1
An Indigent Prisoner
800
Richard C. Dieter, With Justice for Few: The Growing Crisis in Death Penalty Representation
802
b.
Parties in civil and administrative proceedings
804
2.
Civil legal aid
808
a.
Legal Services Corporation
808
Alan W. Houseman & Linda E. Perle, Securing Equal Justice for All: A Brief History of Civil Legal Assistance in the United States
808
Problem 13-2
Restrictions on Legal Services
816
b.
Other civil legal services
817
c.
The IOLTA controversy
818
3.
Fee-shifting statutes
819
a.
Fee waiver as a term of a settlement
820
b.
Who is a "prevailing party" entitled to attorneys' fees?
822
Margaret Graham Tebo, Fee-Shifting Fallout
823
4.
Pro bono representation
824
Judith L. Maute, Changing Conceptions of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige to Stated Expectations
832
Problem 13-3
Mandatory Pro Bono Service
835
5.
Loan forgiveness and scholarships for public service lawyers
836
C.
Restrictions on legal services by nonlawyers
839
David C. Vladeck, Statement Before the ABA Commission on Non-lawyer Practice
841
Problem 13-4
Special Education
846
Problem 13-5
Service to the Poor and Middle Class
848
pt. III
THE PRACTICE OF LAW
849
ch. 14
Law Practice in the United States
851
A.
Origins and development of the U.S. legal profession
852
1.
Pre-revolutionary America
852
2.
The nineteenth century
853
3.
Growth of large firms in the twentieth century
855
B.
A short history of American legal education
855
C.
Types of legal practice
857
1.
Large firms
861
Michael Asimow, Embodiment of Evil: Law Firms in the Movies
863
Patrick J. Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession
866
Problem 14-1
The Reforming Partner
873
2.
Small firms
873
a.
Salaries and attrition
873
b.
Setting one's own schedule
874
c.
Bringing in business
877
d.
Promotion in small firms
877
e.
Other features of small-firm life
877
f.
Urban versus rural practice
878
g.
Gender patterns in small firms
878
h.
The future of small firms
879
i.
Small firms and the Internet
879
3.
Nontraditional forms of law firm employment
880
4.
Government and nonprofit organizations
880
D.
How to find a private employer with high ethical standards and humane working conditions
882
ch. 15
A Changing Profession
889
A.
Diversity and discrimination
891
1.
Women
893
Problem 15-1
The Job Interview
898
2.
People of color
899
3.
Gay, lesbian, bisexual, and transgender lawyers
903
4.
Lawyers with disabilities
905
B.
Advertising and solicitation
906
1.
Advertising
906
Bates v. State Bar of Arizona
907
2.
Solicitation
914
Problem 15-2
Do You Need a Lawyer?
917
C.
Geographic and interdisciplinary expansion of law practice
918
1.
Multijurisdictional practice
919
Stephen Gillers, It's an MJP World: Model Rules Revisions Open the Door for Lawyers to Work Outside Their Home Jurisdictions
921
2.
Multidisciplinary practice
925
Notes on multidisciplinary practice and nonlawyer ownership of law firms
929
D.
The effects of economic recession
931
1.
Temporary and contract lawyers
934
2.
Offshoring and onshoring
936
E.
Future structural changes in the legal profession
939
1.
Large firms
940
2.
Small firms
941
3.
Less need for lawyers
941
4.
Globalization of law practice
944
5.
Investment in law firms and lawsuits by persons who are not lawyers
944
Appendix: Research on Ethics Law
949
About the Authors
953
Table of Articles, Books, and Reports
955
Table of Cases
975
Table of Rules, Restatements, Statutes, Bar Opinions, and Other Standards
981
Index
993