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#11726 - Table Of Contents - Ethics

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Professionalism and the Practice of Law 4

Advertisement 4

Cases on book: 4

Sources of regulation 4

ABA model rules 4

Ethical opinions 5

Incompetence and its consequences p65 6

Effect of lawyer error or misconduct: Bailey 6

Malpractice: the prima facie case 6

Causation of harm 6

Contributory negligence 7

Statute of limitations 7

Ineffective assistance of counsel 8

Malpractice in criminal matters 8

Conflicts of interest 8

Duty of confidentiality 9

Purposes of the duty 9

A-C privilege 9

Privilege survives the death of client p178 10

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

Initiating the relationship: client interviews 13

Non-client and the non-contact rule 14

Scope of authority 14

The duty to counsel effectively 16

Assisting the client in wrongful conduct 16

Safeguarding client funds and client property 17

Terminating the relationship 17

Mandatory withdrawal 18

Permissive withdrawal 18

Duty after withdrawal 18

Leaving a law firm 19

Hypo in the email 20

Attorney’s fees 296-352 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

Lack of candor 33

~~Discovery abuses~~ 34

Extrajudicial statements by litigators 35

~~Special duties of prosecutors~~ 35

The advocate-witness rule 35

Client perjury 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

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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