This essential product shows how to approach concrete problems that arise in everyday practice while staying within the letter and spirit of the ABA model rules of professional conduct. It provides the full text of each model rule provision in sequence, followed by the authors' guidance and commentary, which put the rule into context, help identify its key features, and show its relation to other rules and the ALI's restatement of the law governing lawyers. Clear, realistic examples demonstrate how each rule applies in practice. Substantially revised to reflect the recent revisions of to the model rules of professional conduct, the handbook reflects the latest developments in the law governing lawyer conduct, not only lawyer discipline, but also legal malpractice, suits for breach of fiduciary duty, fee-dispute litigation and fee forfeiture, and disqualification of counsel for conflict of interest.
Database includes most recent edition only. Includes index. Authors: Fourth- editions by Geoffrey C. Hazard, Jr., W. William Hodes, Peter R. Jarvis.
Formatted Contents Note
Introduction The client-lawyer relationship Terminology Competence Control of lawyers' behavior through tort and other civil law Formation of the client-lawyer relationship and the purposes and scope of legal representation Diligence Communication with clients Fees and expenses Confidentiality, attorney-client privilege, and work product immunity Conflicts of interest: the basic concepts and an overview of some common issues Current client conflicts of interest Lawyer-client and other specifically enumerated conflicts of interest Former client conflicts of interest Imputed disqualification Conflicts of interest involving former and current government lawyers Conflicts of interest involving former adjudicative officers and third party neutrals Organization or entity as client Representing clients with diminished capacity Safekeeping client funds and property Declining, terminating, and withdrawing from representation Sale of a law practice Prospective clients The lawyer as counselor The lawyer as advisor The lawyer as intermediary: common representation of multiple clients in non-litigated matters, and the tradition of "Lawyering for the situation" Evaluation of client for use by third persons Lawyer serving as third-party neutral The lawyer as advocate Meritorious claims and contentions Expediting litigation Candor toward the tribunal Fairness to opposing party and counsel Impartiality and decorum of the tribunal Trial publicity Lawyer as witness Special responsibilities of a prosecutor Advocate in nonadjudicative proceeding Transactions with persons other than clients Truthfulness in statements to others Communication with person represented by counsel Dealing with unrepresented person Respect for rights of third persons Forms of law practice and the unauthorized practice of law Responsibilities of a partner, manager, or supervisory lawyer Responsibilities of a subordinate lawyer Responsibilities regarding nonlawyer assistants Professional independence of a lawyer Unauthorized practice of law Restrictions on right to practice Responsibilities regarding law-related services Public service Voluntary pro bono publico service Accepting appointments Membership in legal services organization Law reform activities affecting client interests Nonprofit and court-annexed limited legal services programs Information about legal services Communications concerning a lawyer's services Advertising Direct contact with prospective clients Communications respecting fields of practice and specialization Firm names and letterheads Making or soliciting political contributions to obtain legal work Maintaining the integrity of the legal profession Bar admission and disciplinary matters Judicial and legal officials Reporting professional misconduct Professional misconduct Multijurisdiction lawyering: the jurisdictional reach of disciplinary authorities and choice of law issues in lawyer discipline.
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Source of Description
Description based on information screen, viewed July 28, 2015.