Includes index.

reface v
Table of Cases
xxvii
Table of Statutes
xxxvii
Table of Rules
xli
Table of Other Authorities
lxvii
Table of Authorities
lxix
PART I. THE STRUCTURE, SCOPE AND SUPERVISION OF THE LEGAL PROFESSION
Introduction to Professional Responsibility
1 (11)
The Meaning of Professional Responsibility
1 (6)
Professionalism
7 (5)
The Public Image of Lawyers
12 (7)
Standards of Professional Responsibility
19 (8)
The Role of the Organized Bar
27 (12)
Development of the Organized Bar
27 (5)
State Bar Associations; Mandatory Membership
32 (5)
Committees on Professional Ethics
37 (2)
Maintenance of Professional Standards: Admission and Disciplinary Standards and Procedures
39 (33)
Regulation of the Legal Profession
40 (2)
Nature of Professional Standards
42 (19)
Competence Qualifications
42 (1)
Education and Apprenticeships
42 (3)
Professional Examinations
45 (2)
Citizenship, Residence and Age Requirements
47 (3)
Character Requirements
50 (1)
Admission to Practice
50 (4)
Constitutional Defenses to Moral Character Inquiries
54 (1)
Disciplinary Proceedings
55 (6)
Procedural Standards
61 (11)
Admission Process
62 (2)
Disciplinary Process
64 (8)
The Duty to Ensure Competence: Professional Discipline, Malpractice Actions, Ineffective Assistance of Counsel Claims, Continuing Legal Education, and Specialization
72 (39)
Introduction
72 (2)
The Code of Professional Responsibility and the Model Rules of Professional Conduct
74 (4)
Duty to Maintain One's Own Competence
74 (3)
Duty to Assist the Profession in Maintaining Competence
77 (1)
Professional Discipline
78 (3)
Malpractice Liability
81 (9)
Causes of Malpractice Explosion
82 (1)
Frequently Recurring Malpractice Complaints
83 (1)
``Customer Relations''
84 (1)
Legal Negligence and Neglect
85 (3)
Liability to Third Parties
88 (1)
Limiting Liability
89 (1)
Ineffective Assistance of Counsel
90 (8)
Evolution of the Right to Effective Assistance
92 (2)
Standards for Determining the Effectiveness of Counsel
94 (2)
Procedural Limitations on Claims of Ineffective Assistance
96 (2)
Rule 11 Sanctions
98 (2)
Continuing Legal Education
100 (3)
Voluntary Continuing Legal Education
101 (1)
Mandatory Continuing Legal Education
101 (1)
Criticisms of Continuing Legal Education
102 (1)
Recertification Examinations
103 (1)
Specialization
103 (7)
Advantages and Disadvantages of Specialization
105 (2)
Types of Specialization Plans
107 (1)
Certification
107 (1)
Indentification or Self-Designation
108 (1)
Designation
108 (1)
The ABA Model Plan (``Recognition'')
109 (1)
Conclusion
110 (1)
The Unauthorized Practice of Law
111 (34)
Goals of Unauthorized Practice Laws
113 (2)
The Law of Unauthorized Practice
115 (7)
What Is the Practice of Law?
115 (3)
Incidental Legal Services
118 (2)
The Public Interest Test
120 (1)
Waivers
121 (1)
Legal Clerks and Assistants
121 (1)
Judicial Control of Unauthorized Practice
122 (2)
Professional Independence and Unauthorized Practice
124 (3)
Practice Before Administrative and Arbitral Tribunals
127 (3)
Non-Admitted Attorneys
130 (4)
Self-Representation; Corporations
134 (3)
The Unmet Need for Counsel
137 (2)
Enforcement of Unauthorized Practice Laws
139 (2)
Anti-trust and Constitutional Restraints on Enforcement of Unauthorized Practice Laws
141 (4)
PART II. THE DUTY TO MAKE LEGAL SERVICES AVAILABLE
The Duty to Represent Indigent and Unpopular Clients
145 (11)
The Duty to Represent the Poor
145 (5)
The Duty to Defend the Indigent Accused
146 (1)
The Argument Against the Duty to Defend
147 (1)
The Argument for the Duty to Defend
147 (1)
Appointment by the Courts; Recommendation by the Bar
148 (1)
The Duty to Represent the Indigent in Civil Matters
149 (1)
The Argument for the Duty to Represent
149 (1)
The Argument Against the Duty to Represent
149 (1)
The Duty to Represent the Unpopular
150 (6)
The Duty to Defend the Unpopular Accused
151 (1)
The Argument for the Duty to Defend
151 (1)
The Argument Against the Duty to Defend
151 (1)
``Personal Feelings'' and ``Community Attitudes''
152 (1)
The Duty to Represent the Unpopular in Civil Matters
153 (1)
Appointment by the Courts; Recommendation by the Bar
154 (2)
Implementing the Duty to Make Legal Services Available: Group and Prepaid Legal Services, Legal Aid, Judicare, Legal Clinics, Lawyer Referral, and Public Interest Litigation
156 (22)
Introduction
156 (1)
Legal Aid and Public Defender Services
157 (6)
O. E. O. Legal Services Program
159 (1)
Legal Services Corporation
159 (2)
IOLTA Funds
161 (1)
Ethical Problems of Legal Aid and Public Defender Representation
162 (1)
Judicare
163 (2)
Group Prepaid Legal Services
165 (5)
Ethical Problems in Group and Prepaid Legal Services Plans
167 (2)
Additional Problems Affecting Group Legal Services Plans
169 (1)
Legal Clinics
170 (2)
Public Interest Law
172 (1)
Lawyer Referral
173 (1)
Additional Resources
174 (4)
Law Students
174 (2)
``Jail---House Lawyers''
176 (1)
Non-Lawyer Resources
176 (2)
Solicitation and Advertising
178 (17)
Introduction
178 (1)
Advertising
179 (8)
The Sherman Act
179 (1)
Commercial Speech and the First Amendment
180 (2)
The Requirement of ``Substantial Interest''
182 (1)
In re R. M. J.
182 (1)
The Response to In re R. M. J.
183 (4)
Solicitation
187 (6)
Solicitation Involving Political Issues
188 (1)
Solicitation for Financial Gain
189 (1)
In-Person Solicitation
189 (2)
``Targeted'' Mail and Newspaper Advertisements
191 (2)
Unresolved Issues
193 (2)
PART III. THE ATTORNEY-CLIENT RELATIONSHIP
Confidentiality
195 (27)
Introduction
195 (2)
The General Rule of Confidential Communications
197 (4)
The CPR: Confidences and Secrets
198 (1)
The RPC: Information Relating to Representation
199 (1)
Corporate Communications
200 (1)
Procedural Aspects
201 (1)
Exceptions to Confidentiality
202 (20)
Consent
202 (1)
Identity, Occupation, and Address of Client; Fact of Retainer
203 (3)
Nonlegal Advice or Nonprofessional Capacity
206 (1)
Necessary to Establish or Collect Fee
207 (1)
Necessary to Defend Self or Employees
207 (2)
Disclosures to, or Obtained From, Third Persons
209 (1)
Jointly Retained Attorney
210 (1)
Criminal Evidence
211 (3)
Future Crime
214 (1)
Future Crime and the CPR
215 (1)
The RPC and Recent Developments
215 (2)
Fraud
217 (1)
The CPR and ``Rectifiable Fraud''
217 (1)
The RPC
218 (1)
Client Fraud Before a Court---Perjury
219 (3)
Conflict of Interest
222 (32)
Policies Underlying Conflict of Interest Rules
223 (1)
Loyalty
223 (1)
Confidentiality
224 (1)
General Rules: Potential Versus Actual Conflicts
224 (4)
Determining Whether Representation Is Likely to Be ``Materially Limited'' or ``Directly Adverse''
224 (2)
The ``Appearance of Impropriety'' Standard
226 (2)
Recurring Conflict of Interest Situations
228 (24)
Conflicts Resulting From Lawyer's Personal Interest
228 (5)
Conflicts Resulting From Representation of Adverse Interests of Current Clients
233 (1)
Insurer-Insured
233 (2)
Buyer-Seller; Borrower-Lender; Husband-Wife; Etc.
235 (1)
Representing Multiple Plaintiffs
236 (1)
Representing Multiple Criminal Defendants
237 (2)
Conflicts Resulting From Representation of Interests Adverse to a Former Client
239 (2)
Attorneys Employed by the Government
241 (1)
General Considerations
241 (1)
Alternative Approaches
242 (1)
ABA Formal Opinion 342 (1975)
242 (1)
RPC 1.11
243 (2)
Representing Corporations, Labor Unions, Tenant Associations, and Other Entities
245 (2)
Corporate Wrongdoing
247 (1)
Imputed Disqualification
248 (1)
The CPR
248 (2)
The RPC
250 (1)
``Screening''
251 (1)
Conclusion
252 (2)
Fiduciary Responsibilities: Commingling and Misappropriation
254 (8)
Introduction
254 (1)
Record-Keeping and Accounting
255 (1)
Commingling
255 (3)
IOLTA Funds
257 (1)
Misappropriation
258 (1)
Clients' Security Funds
259 (1)
Preventive Measures
260 (1)
Conclusion
261 (1)
Attorneys' Fees
262 (31)
Introduction
262 (1)
Types of Legal Fee Arrangements
263 (2)
Determining the Reasonableness of a Fee
265 (6)
Contingent Fees
271 (6)
Justification
271 (3)
Legal and Ethical Limits on Contingent Fees
274 (2)
Payment of Expenses
276 (1)
Desirability of Written Fee Agreements
277 (1)
Division of Fees
278 (5)
Dividing Fees With Other Lawyers
278 (2)
Sharing Fees With Non-Lawyers is Generally Prohibited
280 (3)
Advertising of Legal Fees
283 (1)
Collection of Fees
284 (3)
Attorneys' Liens
287 (2)
Termination of Employment
289 (4)
Terminating the Relationship: Voluntary and Mandatory Withdrawal
293 (11)
Introduction
293 (1)
Applicable Rules
294 (7)
Accepting Employment
294 (1)
Withdrawing From Employment
295 (1)
Mandatory Withdrawal
296 (2)
Permissive Withdrawal
298 (1)
Good Cause
299 (2)
Consequences of Improper Withdrawal
301 (2)
Procedure for Withdrawal
301 (1)
Court Permission
301 (1)
Protecting the Client's Interests
302 (1)
Conclusion
303 (1)
PART IV. THE LAWYER IN THE LEGAL SYSTEM: FUNCTIONS AND RESPONSIBILITIES
The Lawyer as an Advocate: The Adversary System
304 (58)
Justice and the Adversary System
304 (5)
Lawyers' Roles in the Adversary System
309 (3)
Specific Obligations of the Advocate
312 (50)
Preparation for Trial
314 (1)
Preparing a Witness for Trial
315 (2)
Communication With Adverse Witnesses
317 (3)
Acceptance of ``Questionable Cases''; the ``Guilty'' Client
320 (5)
Delay
325 (1)
The Lying Client or Witness
326 (1)
The Problem
326 (1)
The Alternatives
327 (1)
Refuse to Call the Intended Perjurer as a Witness
327 (1)
Withdraw From Representation
328 (2)
ABA Standards Relating to the Administration of Criminal Justice: The Defense Function
330 (2)
The Model Rules
332 (3)
Nix v. Whiteside
335 (3)
Pleading ignorance
338 (1)
The Best Alternative?
339 (4)
Conduct at Trial
343 (1)
Disclosure of Misleading and Adverse Evidence
343 (4)
Disclosure of Adverse Legal Authority
347 (2)
Impeaching the Truthful Witness
349 (2)
The Rules of Evidence as Ethical Guidelines
351 (1)
Appeals to Emotion
352 (2)
Trial Disruption; Offensive Advocacy
354 (4)
Compensating Witnesses
358 (2)
Criminal v. Civil Advocacy
360 (2)
The Lawyer and the Fair Trial/Free Press Conflict
362 (15)
Introduction
362 (1)
Improper Effect of Unlimited Publicity on the Administration of Justice
363 (5)
Efforts to Limit Unduly Prejudicial Publicity
368 (5)
Restrictions on the Press
368 (1)
Generally
368 (2)
Pretrial Proceedings
370 (1)
Discovery
371 (1)
Restrictions on Lawyers
372 (1)
Professional Rules
372 (1)
Court-Imposed Restrictions on Lawyers' Out-of-Court Statements
373 (1)
Television in the Courtroom
373 (3)
Conclusion
376 (1)
The Lawyer as Prosecuting Attorney
377 (18)
The Role of the Prosecutor in an Adversary System
377 (2)
Discretion to Charge
379 (2)
Plea Bargaining
381 (2)
Conflicts of Interest
383 (1)
Responsibility for Ensuring Fair Trials
384 (6)
Expression of Personal Opinion
386 (1)
Comment on the Defendant's Silence
387 (1)
Presenting False, Misleading, or Inadmissible Evidence
388 (1)
Failure to Disclose Exculpatory Evidence
389 (1)
Supervising the Police
390 (1)
Interference With Client-Attorney Relationship
391 (1)
Discipline
392 (3)
The Lawyer as Advisor and Negotiator
395 (11)
The Lawyer as Advisor
395 (4)
The Lawyer as Negotiator
399 (5)
Conclusion
404 (2)
The Lawyer as Corporate or Governmental Employee
406 (13)
The Ethical Responsibilities of the Corporate Lawyer
406 (9)
Advocating the Corporate Client's Interests---The Issues
406 (1)
Who Is the Client?
406 (2)
What Are the Client's Interests?
408 (1)
Competing Interests---Responsible Corporate Representation
408 (1)
Acts That May Injure the Organization
409 (3)
The Organization's Social Interests---Lawyer as Advisor
412 (2)
Representing the Organization and a Constituent
414 (1)
The Ethical Responsibilities of the Government Lawyer
415 (4)
Who Is the Client?
415 (1)
Obligations to the Agency and the Public
416 (1)
Standards of Conduct for Government Lawyers
416 (1)
The Duty to Disclose Wrongdoing
416 (1)
The Duty to Resign
417 (2)
The Lawyer as a Neutral: Ethics in Alternative Dispute Resolution
419 (38)
Sources of Guidance
420 (2)
Ethical Concerns of the Private Lawyer Serving as a Neutral
422 (29)
Competence
422 (2)
Consultation
424 (5)
Impartiality
429 (4)
Appearance of Impartiality
433 (2)
Conflicts of Interests
435 (2)
Confidentiality
437 (6)
Fees
443 (2)
Unauthorized Practice of Law
445 (3)
Advertising and Solicitation
448 (2)
Pro Bono Activities
450 (1)
Related Duties of Lawyers as Client Representatives
451 (6)
Obligation to Consider Use of ADR Processes
451 (3)
The Lawyer as an Evaluator
454 (3)
The Lawyer as Judge: Judicial Ethics and Selection
457 (21)
Introduction
457 (2)
Disqualification
459 (8)
Basic Principles and Rules
459 (1)
28 U. S. C. § 144
460 (1)
28 U. S. C. § 455
460 (4)
Disqualification in Particular Types of Cases
464 (3)
Appearance of Impropriety
467 (1)
Adjudicative and Administrative Responsibilities
468 (4)
Adjudicative Responsibilities
468 (3)
Administrative Responsibilities
471 (1)
Quasi-Judicial Activities
472 (1)
Extra-Judicial Activities
473 (1)
Judicial Selection
473 (5)
The Lawyer as Public Leader and Law Reformer
478 (6)
Introduction
478 (1)
Duty to Improve the Legal System
479 (3)
Training for Policy-Making
482 (1)
Conclusion
483 (1)
The Lawyer and the Legislature
484 (11)
Lawyer as Legislator
484 (8)
Honesty
485 (1)
Conflict of Interest
486 (2)
Advertising
488 (2)
Limitations on the Lawyer-Legislator's Firm
490 (1)
Limitations After Leaving Legislative Office
491 (1)
Lawyer as Staff Counsel to the Legislature
492 (1)
Lawyer as Lobbyist
493 (2)
Professional vs. Personal Responsibilities: Can a Good Lawyer Be a Good Person?
495 (10)
Index 505

Structure, Scope and Supervision of Legal Profession; Duty to Make Legal Services Available; Attorney-Client Relationship; The Lawyer in the Legal System: Functions and Responsibilities.

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