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Law Outlines Ethics (Duke Smolla) Outlines

Table Of Contents Outline

Updated Table Of Contents Notes

Ethics (Duke Smolla) Outlines

Ethics (Duke Smolla)

Approximately 46 pages

Ethics Outline from Duke Law, for Professor Smolla...

The following is a more accessible plain text extract of the PDF sample above, taken from our Ethics (Duke Smolla) Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Contents

Professionalism and the Practice of Law 4

Advertisement 4

Case one: 4

Case two: 4

Cases on book: 4

Sources of regulation 4

ABA model rules 4

Ethical opinions 5

Pro hac vice 5

Incompetence and its consequences p65 6

Effect of lawyer error or misconduct: Bailey 6

Malpractice: the prima facie case 6

Duty 6

Breach 6

Causation of harm 6

Damages 6

Defenses 7

Contributory negligence 7

Statute of limitations 7

Immunities 7

Ineffective assistance of counsel 8

Strickland 8

Malpractice in criminal matters 8

Conflicts of interest 8

Duty of confidentiality 9

Purposes of the duty 9

Work product 9

A-C privilege 9

Hypo 1 10

Hypo 2 10

Hypo 3 10

Privilege survives the death of client p178 10

Waiver 11

Inadvertent disclosure 11

Exceptions p191 11

Prevention of death or serious bodily harm 11

Self defense 11

Crime-Fraud exception P 173 12

Client Lawyer relationship 12

Forming A-C relationship p219 12

Anonymous 12

Initiating the relationship: client interviews 13

Non-client and the non-contact rule 14

Patriarca 14

Scope of authority 14

Moores 15

Jones 15

Martinez 15

The duty to counsel effectively 16

Nichols 16

Assisting the client in wrongful conduct 16

Hart 16

Safeguarding client funds and client property 17

Bailey 17

Terminating the relationship 17

Hanlin 17

Mandatory withdrawal 18

Permissive withdrawal 18

Duty after withdrawal 18

Leaving a law firm 19

Jacobson 19

Eisenstein 19

Young 20

Hypo in the email 20

Attorney’s fees 296-352 21

Hourly fee 21

Fordham 21

Flat fee 21

Contingent fee 21

No contingency fee in criminal law and family law 21

Attorney’s fee - fee shifting statutes 21

Fee splitting statute 21

Dividing fees between the lawyers. 21

Dividing fee between a lawyer and a non-lawyer 22

Fees and conflict of interests 22

Conflict of interest 23

Types of conflict 23

Concurrent conflict 23

Successive interest 24

Interest of a current client and those of the lawyer 26

Imputed conflict 30

Obtaining informed consent 31

Information a lawyer must convey 31

Timing of consent 31

Litigation ethics 32

The adversary system 32

Sanctions for improper advocacy 32

Frivolous claims - Hunter 32

Overzealous advocacy - Lee 32

Prohibited prosecutorial statements 33

Peters 33

Lack of candor 33

Jorgenson 33

Discovery abuses 34

Poulis 34

Extrajudicial statements by litigators 35

Visser 35

Special duties of prosecutors 35

The advocate-witness rule 35

Waters 35

Client perjury 36

Depallo 36

Civil Claims by Adversaries 37

Sheldon - malicious prosecution 37

Abuse of process 37

Handling Tangible Evidence 37

Litigation counseling and negotiation ethics 38

Dispute resolution process options 38

Settlement 38

Negotiations 38

Settlements conditioned on waiver of attorney’s fees 38

Advertising and solicitation 38

Advertisement 39

Solicitation 40

Real time solicitation 40

Solicitation by mail 40

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