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Introduction1

A.Ethics, morals, and professionalism1

B.Some central themes in this book7

C.The structure of this book13

D.The rules quoted in this book: a note on sources14

E.Stylistic decisions17

Chapter 1: The Regulation of Lawyers19

A.Institutions that regulate lawyers20

B.The state ethics codes38

C.Research on ethics law43

D.Admission to practice45

Chapter 2: Lawyer Liability73

A.Professional discipline75

B.Civil liability of lawyers128

C.Criminal liability of lawyers137

D.Client protection funds142

E.Summing up: What law governs lawyers?147

Chapter 3: The Duty to Protect Client Confidences151

A.The basic principle of confidentiality152

B.Exceptions to the duty to protect confidences161

C.Use or disclosure of confidential information for personal gain or to benefit another client209

D.Talking to clients about confidentiality211

E.A concluding problem212

Chapter 4: The Attorney-Client Privilege and the Work Product Doctrine215

A.Confidentiality and attorney-client privilege, compared217

B.The elements of attorney-client privilege221

C.Client identity228

D.Waiver229

E.The crime-fraud exception233

F.The death of the client240

G.The privilege for corporations244

H.The work product doctrine261

Chapter 5: Relationships Between Lawyers and Clients265

A.Formation of the lawyer-client relationship266

B.Lawyers’ responsibilities as agents276

C.Lawyers’ duties of competence, honesty, communication,and diligence279

D.Who calls the shots?309

E.Terminating a lawyer-client relationship344

Chapter 6: Concurrent Conflicts of Interest:General Principles351

A.An introduction to conflicts of interest352

B.General principles in evaluating concurrent conflicts359

C.Conflicts between current clients in civil litigation374

D.Conflicts involving prospective clients386

Chapter 7: Concurrent Conflicts in Particular Practice Settings391

A.Representing both parties to a transaction393

B.Representing organizations396

C.Representing criminal co-defendants406

D.Representing family members416

E.Representing insurance companies and insured persons421

F.Representing plaintiffs in class actions427

G.Representing parties to aggregate settlements of individual cases430

Chapter 8: Conflicts Involving Former Clients435

A.The nature of conflicts between present and former clients436

B.Duties to former clients438

C.Distinguishing present and former clients440

D.Evaluating successive conflicts445

E.Addressing former client conflicts in practice457

F.Representing the competitor of a former client459

G.Conflicts between the interests of a present client and a client who was represented by a lawyer’s former firm469

H.Imputation of former client conflicts to affiliated lawyers474

Chapter 9: Conflicts Between Lawyers and Clients483

A.Legal fees486

B.Lawyer as custodian of client property and documents547

C.Conflicts with lawyers’ personal or business interests551

Chapter 10: Conflicts Issues for Government Lawyers and Judges563

A.Successive conflicts of former and present government lawyers563

B.Conflicts involving judges, arbitrators, and mediators576

Chapter 11: Lawyers’ Duties to Courts593

A.Being a good person in an adversary system594

B.Investigation before filing a complaint598

C.Truth and falsity in litigation605

D.Concealment of physical evidence and documents634

E.The duty to disclose adverse legal authority654

F.Disclosures in ex parte proceedings656

G.Improper influences on judges and juries658

H.Lawyers’ duties in nonadjudicative proceedings674

Chapter 12: Lawyers’ Duties to Adversaries and Third Persons679

A.Communications with lawyers and third parties680

B.Duties of prosecutors713

C.Conduct prejudicial to the administration of justice725

D.Are lawyers really too zealous?728

Chapter 13: The Legal Profession731

A.Origins and development of the U.S.legal profession733

B.A short history of American legal education736

C.Race,sex,and class in the legal profession738

D.The legal profession today746

E.The ethical climate of the legal profession776

Chapter 14: Regulatory Restrictions on Law Practice791

A.Advertising792

B.Solicitation799

C.Interstate law practice802

D.Affiliation with nonlawyers807

Chapter 15: The Provision of Legal Services819

A.The unmet need for legal services820

B.Sources of free legal services for those who cannot afford fees826

C.Restricting legal services: limiting the role of lay advocates865

About the Authors873

Table of Articles,Books,and Reports875

Table of Cases893

Table of Rules,Restatements,Statutes,Bar Opinions,and Other Standards901

Index911