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Table Of Contents

I. REGULATION OF THE LEGAL PROFESSION
A. SOURCES OF REGULATION
al. The State
2. The Federal System
3. Regulation by Multiple States
1. The Application
2. Character and Fitness—"Good Moral Character"
3f Citizenship and Residency Are Not Valid Requirements
C. REGULATION AFTER ADMISSION
1. Misconduct
Duty to Report Professional Misconduct
3. Disciplinary Process
4.Choice of Law in Disciplinary Proceedings
5.Effect of Sanctions in Other Jurisdictions
6. Disability Proceedings
D. UNAUTHORIZED PRACTICE AND MULTI-JURISDICTIONAL PRACTICE
1.Unauthorized Practice by Lawyer
2.Permissible Types of Temporary Multi-Jurisdictional Practice
3. Permissible Types of Permanent Multi-Jurisdictional Practice
4. Consequences of Multi-Jurisdictional Practice
5. Unauthorized Practice by Nonlawyers
II. THE LAWYER-CLIENT RELATIONSHIP—GENERAL POINTS
A.NATURE OF THE RELATIONSHIP
B.CREATING THE LAWYER-CLIENT RELATIONSHIP
1.Implied Assent and Reasonable Reliance
2.Court Appointments
3. Duty to Reject Certain Cases
4. Duties Owed to Prospective Client
5. Ethical Obligation to Accept Unpopular Cases
C. ATTORNEYS' FEES
1.When to Agree on Fee
2.Discipline for Unreasonable Fee
3. Collecting and Financing Attorneys' Fees
6. Fee Splitting with Other Lawyers
7. Forwarding or Referral Fees
D. SCOPE OF REPRESENTATION
1. Decisions to Be Made by Client
2. Limits on Lawyer's Responsibility and Authority
3. Client with Diminished Capacity
E. COMMUNICATING WITH THE CLIENT
1. Matters that Require Informed Consent
2.Information About Status of the Matter and Means to Be Used
4.Consultation About Illegal or Unethical Conduct
F. TERMINATING THE LAWYER-CLIENT RELATIONSHIP
1. Client Fires Attorney
2. Court Permission to Substitute Attorneys
5. Attorney's Duties Upon Termination of Representation
III. LAWYER'S DUTIES OF COMPETENCE AND DILIGENCE
3.Maintaining Competence—Continuing Legal Education
B. DILIGENCE
4.Existence of Lawyer-Client Relationship
5. Solo Practitioner's Duty to Plan for Death or Disability
C.SINGLE VIOLATION SUFFICIENT TO IMPOSE DISCIPLINE
D.MALPRACTICE LIABILITY
1.Relationship Between Disciplinary Matters and Malpractice Actions
2.Ethics Violation as Evidence of Legal Malpractice
6.Contracting with Client to Limit Malpractice Liability
IV. DUTY OF CONFIDENTIALITY
C. SUMMARY OF ATTORNEY-CLIENT PRIVILEGE
7. Duration of Privilege
8. Exceptions to Privilege
9. Related Doctrine of Work Product Immunity
D. ETHICAL DUTY OF CONFIDENTIALITY AND ITS EXCEPTIONS
1.Duty Not Destroyed by Presence of Third Party
2.Exceptions to the Duty of Confidentiality
V. DUTY TO EXERCISE INDEPENDENT PROFESSIONAL JUDGMENT
A. THE GENERAL RULES CONCERNING CONFLICTS OF INTEREST
1. Consequences of a Conflict of Interest
2. Imputed Conflicts of Interest
B. CONFLICTS OF INTEREST—CURRENT CLIENTS
1. Concurrent Conflicts of Interest
2. Informed, Written Consent Can Solve Some Conflicts
4. Specific Conflict Situations Concerning "Material Limitation"
C. CONFLICTS OF INTEREST—SPECIFIC RULES FOR CURRENT CLIENTS
2. Misuse of Client's Confidential Information
3. Gifts to Lawyer from Client Who Is Not a Relative
4.Acquiring Literary or Media Rights Concerning Client's Case
5.Financial Assistance to Client in Litigation
6. Aggregate Settlement Agreements
7. Waiving Malpractice Liability and Settling Malpractice Claims
8. Proprietary Interest in Subject of Litigation
D. CONFLICTS INVOLVING THE INTERESTS OF THIRD PERSONS
1. Compensation from Third Person
2. Conflict Between Client's Interest and Third Person's Interest
3.Conflicts Raised by Liability Insurance
4.Opposing Former Client in Substantially Related Matter
F. CONFLICTS WHEN PRIVATE LAWYERS CHANGE JOBS
1. Disqualification of Lawyer's New Firm
2. Disqualification of Lawyer's Former Firm
1.Federal and State Conflict of Interest Laws
2.Private Work Following Government Work on Same Matter
3. Subsequent Use of Information Gained During Government Service
4. Current Government Service After Private Practice
1. Switching from Judicial Service to Private Law Practice
2. Screening Can Avoid Imputed Disqualification
I. CONFLICTS INVOLVING PROSPECTIVE CLIENTS
J. ORGANIZATION AS CLIENT
VI. SAFEGUARDING THE CLIENTS MONEY AND PROPERTY
B.CLIENT TRUST FUND ACCOUNT
C.SAFEGUARDING PROPERTY
VII. THE LAWYER AS COUNSELOR
A. LAWYER AS ADVISOR TO THE CLIENT
2.Giving Advice Beyond the Law
B. EVALUATION FOR USE BY THIRD PERSONS
C. LAWYER AS NEGOTIATOR
1. Candor About Applicable Law
2.Candor About Facts of Case
3.No Obligation to Volunteer Harmful Facts
4. Using False Evidence
5, Other Corruption of an Adjudicative Proceeding
D. DUTY OF FAIRNESS TO OPPOSING PARTY AND COUNSEL
I. Opponent's Access to Evidence
2.Falsifying Evidence and Assisting in Perjury
3.Paying Witnesses
4. Securing Absence or Noncooperation of Witness
5. Violating Court Rules and Orders
6.Abusing Discovery Procedures
7.Chicanery at Trial
8. Using Threats to Gain Advantage in Civil Case
9. Treating Opponents with Courtesy and Respect
E. DUTY TO PRESERVE IMPARTIALITY AND DECORUM OF TRIBUNAL
1.Improper Influence
2.Improper Ex Parte Communication
3.Disruptive Conduct
4.Statements About Judicial and Legal Officials
3. Conflict of Interest Rules Also Apply
H. SPECIAL RESPONSIBILITIES OF A PROSECUTOR
1. Prosecuting Without Probable Cause
2. Protecting Accused's Right to Counsel
3. Securing Waiver of Pretrial Rights
4.Disclosing Evidence that May Help Defense
5.Disclosing Information that May Mitigate Punishment
6.Public Statements About Pending Matters
7.Subpoenaing Other Lawyers
8.Other Government Lawyers
I. ADVOCATE IN LEGISLATIVE AND ADMINISTRATIVE PROCEEDINGS
1.Appearances in a Representative Capacity
2.Duties of Candor and Respect
3.Limits of These Rules
IX. TRANSACTIONS WITH THIRD PERSONS
A. TRUTHFULNESS IN STATEMENTS TO THIRD PERSONS
1. Must Not Make False Statements of Material Fact or Law
2. Failure to Disclose Material Facts—Client's Crime or Fraud
B. COMMUNICATION WITH PERSONS REPRESENTED BY COUNSEL
B. INTEGRITY AND INDEPENDENCE
1. Conduct On the Bench
2. Conduct Off the Bench
C. IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY
1.Personal Relationships
2.Misuse of Judicial Prestige
3. Relationships with Discriminatory Organizations
2.Hearing and Deciding Adjudicative Matters
3.Faithfulness to the Law
4.Order and Decorum in Court
5.Patience, Dignity, and Courteousness
7.Right to Be Heard
8.Ex Parte Communications
9. Communications from Others
10. Findings of Fact and Conclusions of Law
11. Independent Investigation of Facts
12. Promptness, Efficiency, and Fairness
13. Public Comments on Cases
14.Promises with Respect to Cases Likely to Come Before Court
15.Commentary on Jury Verdict
16.Nonpublic Information
17.Administrative Duties
18.Judicial Appointments
19. Disciplinary Responsibilities
E. DISQUALIFICATION
1. General Rule—Whenever Impartiality Might Reasonably Be Questioned
2.Bias or Personal Knowledge
3.Prior Involvement
4. Economic or Other Interest
5. Involvement of a Relative
6.Persons Making Contributions to Judge's Election Campaign
7.Public Statements of Judicial Commitment
8.Remittal of Disqualification
F. EXTRAJUDICIAL ACTIVITIES
1.Avocational Activities
2.Governmental Hearings and Consultations
3.Governmental Committees and Commissions
4.Law-Related Organizations and Nonprofit Organizations
5.Investments
6.Financial and Business Dealings
7.Participation in a Business
9. Fiduciary Activities
10.Service as Arbitrator or Mediator
12.Outside Compensation and Expenses
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02 - Comprehensive Outline

02 - Comprehensive Outline

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Published by Chirag Patel

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Published by: Chirag Patel on Mar 26, 2012
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