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Professional Responsibility
EDITORIAL ADVISORS
Vicki BeenElihu Root Professor of LawNew York University School of Law
Erwin ChemerinskyAlston & Bird Professor of LawDuke University School of Law
Richard A. EpsteinJames Parker Hall Distinguished Service Professor of LawUniversity of Chicago Law SchoolPeter and Kirsten Bedford Senior FellowThe Hoover InstitutionStanford University
Ronald J. GilsonCharles J. Meyers Professor of Law and BusinessStanford UniversityMarc and Eva Stern Professor of Law and BusinessColumbia Law School
James E. KrierEarl Warren DeLano Professor of LawThe University of Michigan Law School
Richard K. Neumann, Jr.Professor of LawHofstra University School of Law
Robert H. SitkoffJohn L. Gray Professor of LawHarvard Law School
David Alan SklanskyProfessor of LawUniversity of California at Berkeley School of Law
Kent D. SyverudDean and Ethan A. H. Shepley University ProfessorWashington University School of Law
Elizabeth WarrenLeo Gottlieb Professor of LawHarvard Law School
Professional Responsibility
Problems of Practice and the Profession
Fourth Edition
Nathan M. Crystal
Class of 1969Professor of Professional Responsibility and Contract Law
University of South Carolina School of Law
AUSTIN BOSTON CHICAGO NEW YORK THE NETHERLANDS
Law & Business
# 2008 Nathan M. Crystal
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ISBN 978-0-7355-6798-6
Library of Congress Cataloging-in-Publication Data
Crystal, Nathan M.
Professional responsibility : problems of practice and theprofession / Nathan M. Crystal.—4th ed.
p.cm.
ISBN-13: 978-0-7355-6798-6
ISBN-10: 0-7355-6798-01. Legal ethics—United States. 2. Legal ethics—United States—Cases. I. Title.
KF306.C79 2008174’.3’0973—dc22 2008026122
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To my Mother—for your strength, compassion, wisdom,and, most of all, your love
Summary ofContents
Contents xiContents (Doctrinal Organization) xxvPreface xxxiAcknowledgments xxxv
Chapter 1 Introduction to Professional Responsibility 1Chapter 2 Defense and Prosecution of Criminal Cases 67Chapter 3 Ethical Issues in Civil Litigation: The Client-Lawyer
Relationship, Confidentiality, and Conflicts of Interest 219Chapter 4 Ethical Issues in Civil Litigation: Limitations on
Zealous Representation, Alternative DisputeResolution, and Delivery of Legal Services
359
Chapter 5 Ethical Issues in Office Practice 503Chapter 6 Lawyers in Public Service: Judges, Government
Attorneys, and Public Interest Lawyers 589Chapter 7 Special Ethical Problems of Law Firms 643
Table of Cases 667Table of Model Rules, Restatements, and Other Standards 675Table of Articles, Books, and Reports 685Index 707
ix
Contents
Contents (Doctrinal Organization) xxvPreface xxxiAcknowledgments xxxv
Chapter 1
Introduction to ProfessionalResponsibility
A. The Foundations of Professional Responsibility 11. The Lawyer as Fiduciary 12. The Lawyer as an Officer of the Court Functioning
in an Adversarial System of Justice 33. The Lawyer as a Person with Personal and Financial Interests 4
In re Pautler 5B. Resolving Tensions in the Lawyer’s Role: Complying with Rules
and Standards of Professional Conduct and the Law GoverningLawyers 121. Professional Rules and Standards: ABA Codes of Ethics,
Ethics Advisory Opinions, Specialized Codes, and PracticeNorms 12
2. Law Governing Lawyers 183. Research Tools 204. Limitations of Professional Rules and of the Law Governing
Lawyers and the Need for a Philosophy of Lawyering 21C. Going Beyond the Rules: Client-Centered Lawyering, Moral
Values, Principles of Professionalism, Defensive Lawyering, andOther Sources of Guidance for Lawyers 22
PROBLEM 1-1
THE MORAL ACCOUNTABILITY OF LAWYERS 28
Monroe Freedman, Must You Be the Devil’s Advocate? 28Michael Tigar, Setting the Record Straight on the Defense of
John Demjanjuk 30Monroe Freedman, The Morality of Lawyering 32
xi
D. Issues Facing the Profession: Methods of Regulating AttorneyConduct 341. Admission to Practice 352. The Disciplinary System 39
PROBLEM 1-2
REPORTING MISCONDUCT BY ANOTHER LAWYER 39
Duty to report misconduct by another lawyer 39Exceptions to the duty to report misconduct by another
lawyer 42Wisdom of the reporting requirement as a matter of policy 43
PROBLEM 1-3
EVALUATION OF YOUR STATE’S SYSTEM OF LAWYER
DISCIPLINE 43
3. Civil Liability and Criminal Punishment 494. Legislation and Administrative Rules 53
E. The Concept of a Philosophy of Lawyering 53
PROBLEM 1-4
DEVELOPING A PHILOSOPHY OF LAWYERING 56
Bibliography on the Practice of Law and Selected Biographiesof Lawyers 57
Multiple Choice Questions 63
Chapter 2
Defense and Prosecution of CriminalCases
A. The Client-Lawyer Relationship 68
PROBLEM 2-1
JUSTIFICATIONS FOR DEFENDING THE GUILTY 68
Charles P. Curtis, The Ethics of Advocacy 68Monroe H. Freedman & Abbe Smith, Understanding
Lawyers’ Ethics 70John B. Mitchell, The Ethics of the Criminal Defense
Attorney—New Answers to Old Questions 71Barry Winston, Stranger Than True: Why I Defend Guilty
Clients 74The extent of erroneous convictions 77
xii Contents
PROBLEM 2-2
COMPETENCY OF DEFENSE COUNSEL 78
The ethical duty of competency 79Ineffective assistance of counsel 80Malpractice liability of defense counsel 83
PROBLEM 2-3
LEGAL FEES IN CRIMINAL DEFENSE CASES 84
Ethical obligations in using retainers 85Iowa Supreme Court Board of Professional Ethics &
Conduct v. Apland 85Other ethical issues regarding fees in criminal cases 94Trust accounts and client property 96
B. Confidentiality 98
PROBLEM 2-4
INFORMATION ABOUT UNSOLVED OR
CONTEMPLATED CRIMES 98
The ethical duty of confidentiality, the attorney-clientprivilege, and the work product doctrine 98
Purcell v. District Attorney for Suffolk District 100Exceptions to the duty of confidentiality: consent,
prevention of harm, and past wrongful conduct 105Tort or criminal liability for failure to disclose
confidential information to prevent or rectifywrongful conduct 106
What should be the scope of the duty of confidentiality? 110
PROBLEM 2-5
DEALING WITH PHYSICAL EVIDENCE, FRUITS,
AND INSTRUMENTALITIES OF CRIMES 113
The obligations of lawyers regarding tangible criminalmaterial in their possession 113
Application of the attorney-client privilege aftertangible criminal material is turned over to theauthorities 118
Application of the Fifth Amendment privilege againstself incrimination 119
How should attorneys comply with an obligation toturn tangible criminal material over to the authorities? 122
Contents xiii
PROBLEM 2-6
FALSE TESTIMONY IN CRIMINAL CASES 124
Approaches to the problem of false testimony by the criminaldefendant 125
The approach of the Model Rules of Professional Conductand the Restatement of the Law Governing Lawyers 129
Nix v. Whiteside 134When does a lawyer ‘‘know’’ that a defendant intends to or
has testified falsely? 142False testimony by witnesses other than criminal defendants 144The ethics of the lawyer’s ‘‘lecture’’ 144
C. Conflicts of Interest 146
PROBLEM 2-7
DEFENDANTS WITH DIMINISHED CAPACITY 146
Determining the client’s competency 147Representing competent but possibly impaired clients 151
PROBLEM 2-8
MULTIPLE REPRESENTATION OF CODEFENDANTS 154
Multiple representation in criminal cases and the SixthAmendment right to counsel 154
Deciding whether to undertake multiple representation 156Joint defense agreements as an alternative to multiple
representation 159Other types of conflicts in criminal defense practice 162
D. Limitations on Litigation Tactics by the Prosecution and by theDefense 162
PROBLEM 2-9
TRIAL PUBLICITY 162
Interests involved in trial publicity 163A brief history of the restrictions on lawyer participation in
trial publicity 164The constitutionality of Model Rule 3.6: Gentile v. State Bar
of Nevada 166ABA amendments to Rule 3.6 in 1994 169Court rules and gag orders 171Other First Amendment issues involving lawyers 172
xiv Contents
PROBLEM 2-10
LIMITATIONS ON TRIAL TACTICS 173
Improper contacts with jurors and improper methods of juryselection 177
Duty to disclose adverse facts and law 179Dealing with documents and witness examination 183Improper argument 186
PROBLEM 2-11
SPECIAL DUTIES OF PROSECUTORS 187
The prosecutor’s ethical obligation to do justice 189Disclosure of exculpatory evidence 190Charging and other discretionary decisions 193United States v. Talao 196Seth F. Kreimer & David Rudovsky, Double Helix, Double
Bind: Factual Innocence and Postconviction DNA Testing 203Courtroom misconduct by prosecutors 205Should prosecutors be subject to greater regulation? 207
E. Delivery of Legal Services to Indigents in Criminal Cases 208
PROBLEM 2-12
EVALUATION OF DELIVERY OF DEFENSE SERVICES
IN CRIMINAL CASES 208
Methods of delivering defense services 208American Bar Association, The Ten Principles of a Public Defense
Delivery System 211
Multiple Choice Questions 214
Chapter 3
Ethical Issues in Civil Litigation: TheClient-Lawyer Relationship,
Confidentiality, and Conflicts of Interest
A. The Client-Lawyer Relationship 219
PROBLEM 3-1
CONTINGENT FEES, EXPENSES, AND FEE SPLITTING 219
The ethical obligation to charge reasonable fees 220The ethical duty to inform the client of the basis or rate of the
fee and expenses 222
Contents xv
Special ethical duties regarding contingent fees 225Ethical obligations regarding expenses 228Fee splitting 231Security for nonpayment of fees 233Petit-Claire v. Nelson 233
PROBLEM 3-2
ENGAGEMENT AND NONENGAGEMENT AGREEMENTS 236
Togstad v. Vesely, Otto, Miller & Keefe 237Contingent fee agreement 241Scope of representation 244Allocation of authority between lawyer and client 247Termination of the client-lawyer relationship: discharge
and withdrawal 250Liens 255The client’s file 258
B. Confidentiality 258
PROBLEM 3-3
THE ETHICAL DUTY OF CONFIDENTIALITY,
THE ATTORNEY-CLIENT PRIVILEGE, AND
THE WORK PRODUCT DOCTRINE 258
Confidentiality and the use of technology 259Review and Use of Metadata 261Scope and exceptions to the attorney-client privilege 265Scope and exceptions to the work product doctrine 267Internal investigations: scope of the corporate
attorney-client privilege 269
C. Conflicts of Interest 271
PROBLEM 3-4
REPRESENTATION AGAINST CURRENT CLIENTS 271
Representation of one client against another client in asingle matter and in unrelated matters 273
Determining who is a current client 275Determining who is a current client in ‘‘entity’’
representation cases 277Discotrade Ltd. v. Wyeth-Ayerst Intern., Inc. 279Positional conflicts 285Consentable conflicts 286Consent: validity of prospective waivers 288
xvi Contents
PROBLEM 3-5
REPRESENTATION AGAINST FORMER CLIENTS 290
Origin and justification for the substantial relationship test 291Issues in applying the substantial relationship test 293Appearance of impropriety as a basis for disqualification 298
PROBLEM 3-6
IMPUTATION OF DISQUALIFICATION 299
The imputation principle 300Imputed disqualification and movement between firms 300Imputed disqualification and ‘‘screening’’ of disqualified
lawyers 302Imputation when a disqualified lawyer leaves a firm 305
PROBLEM 3-7
ADVOCATE-WITNESS CONFLICTS OF INTEREST 305
The advocate-witness rule under the Code of ProfessionalResponsibility 306
Rationales for the advocate-witness rule 308The advocate-witness rule under the Model Rules: scope and
exceptions 310Avoiding advocate-witness conflicts during investigation 314
PROBLEM 3-8
REPRESENTATION OF MULTIPLE PLAINTIFFS IN TORT CASES 315
Representation of multiple clients in a single matter 316Representation of coparties in tort litigation 317Informed consent to multiple representation 318Conflicts of interest in class actions 320
PROBLEM 3-9
INSURANCE DEFENSE PRACTICE 322
Relationship between insured, insurance company, anddefense counsel 323
Areas of conflict between insured and insurance company 324The most common failing of defense counsel: protecting the
interests of the insurer over the insured 326The two-client model for dealing with conflicts between
insured and insurance company 327The one-client model and other approaches 331The position of the Model Rules and the Restatement 332
Contents xvii
PROBLEM 3-10
FAMILY PRACTICE 335
Is multiple representation of spouses per se improper? 337When is simultaneous representation ethically proper? 339An alternative to simultaneous representation:
representation of one party with the other partybeing unrepresented 342
Third-party control 344Representation of clients with diminished capacity 344Other ethical problems in family practice 348
Multiple Choice Questions 348
Chapter 4
Ethical Issues in Civil Litigation:Limitations on Zealous Representation,
Alternative Dispute Resolution,and Delivery of Legal Services
A. Commencement of Actions, Investigation, and Discovery 360
PROBLEM 4-1
FRIVOLOUS CLAIMS 360
Frivolous actions and delay: ethical duties and discoverysanctions 361
Criticism of Rule 11, the 1993 amendment, and the PrivateSecurities Litigation Reform Act of 1995 366
Tort liability of attorneys for frivolous actions 367Investigative contacts with potential witnesses or potential
defendants prior to filing suit 369
PROBLEM 4-2
INVESTIGATION: CONTACTS WITH EMPLOYEES 371
Prohibition of communication with a person represented bycounsel: purpose and scope 372
Niesig v. Team I 375Application of the prohibition on communications with an
opposing person to former corporate employees 383Other applications of Rule 4.2: settlement offers, expert
witnesses, and treating physicians 385
xviii Contents
PROBLEM 4-3
INVESTIGATION: SECRET TAPE RECORDING AND
INADVERTENT DISCLOSURES 387
Legality of secret tape recording 388The ethical propriety of participation by lawyers in secret
tape recording that is not illegal 389Counseling or assisting a client in secret tape recording 391Inadvertent disclosures of confidential information 392
PROBLEM 4-4
DISCOVERY: INTERROGATORIES, DOCUMENT
PRODUCTION, AND DEPOSITIONS 395
The problem of discovery abuse 398Discovery abuse in connection with interrogatories and
requests for production of documents 399Discovery abuse in deposition practice 402Professional standards for conducting discovery and
techniques for dealing with discovery abuse 405
B. Alternative Dispute Resolution 408
PROBLEM 4-5
NEGOTIATION 408
Honesty in negotiation: the duty not to engage inmisrepresentation 410
Honesty in negotiation: the duty of disclosure 414Spaulding v. Zimmerman 414Fairness of the settlement 420Improper threats 421Approaches to negotiation 423Confidentiality or noncooperation agreements and judicial
orders sealing court records 425
PROBLEM 4-6
MEDIATION AND ARBITRATION 428
Alternative dispute resolution in general 428Ethical obligations of lawyers to advise clients
regarding ADR 430Ethical obligations of lawyers serving as mediators
and arbitrators 435
Contents xix
C. Delivery of Legal Services in Civil Cases 442
1. Advertising and Solicitation 442
PROBLEM 4-7
LAW FIRM MARKETING PRACTICES 442
Basic constitutional principles governing regulation oflawyer advertising 444
Basic constitutional principles governing regulation ofin-person solicitation by lawyers 448
Application and development: targeted and direct mailadvertising 451
PROBLEM 4-8
CURRENT CONSTITUTIONAL ISSUES IN LAWYER
ADVERTISING AND SOLICITATION 454
Alexander v. Cahill 458Marketing on the Internet 471
2. Legal Services Plans 4733. Restrictions on the Unauthorized Practice of Law 477
PROBLEM 4-9
REGULATION OF THE UNAUTHORIZED PRACTICE OF LAW 477
History and policy of restrictions on the unauthorizedpractice of law 478
Approaches to regulation of nonlawyer practice 481Application of restrictions on unauthorized practice to
out-of-state lawyers 4834. Delivery of Legal Services to Indigents in Civil Cases 486
PROBLEM 4-10
MANDATORY PRO BONO AND DELIVERY OF
LEGAL SERVICES TO INDIGENTS 486
Constitutional right to appointed counselin civil cases 486
Legal services programs 488The Marrero Committee Report 490Justifications and criticisms of mandatory pro bono 491
Multiple Choice Questions 495
xx Contents
Chapter 5
Ethical Issues in Office Practice
A. Business and Securities Practice 504
PROBLEM 5-1
LAWYERS AS REPRESENTATIVES OF MULTIPLE CLIENTS,
INVESTORS, AND BOARD MEMBERS 504
Louis D. Brandeis: ‘‘lawyer for the situation’’ 504Representation of multiple parties in business transactions
under the Model Rules of Professional Conduct 506Van Kirk v. Miller 510Conflicts of interest resulting from lawyers’ ownership of
interests in their clients’ businesses 519Conflicts of interest resulting from service on the boards of
directors of clients 519
PROBLEM 5-2
FRAUD BY CLIENTS IN BUSINESS TRANSACTIONS 521
Controversyover lawyers’ ethical and legal obligationswhen theyencounter criminal or fraudulent conduct by their clients 523
The ethical obligation not to counsel or assist clients incriminal or fraudulent conduct 523
The scope of the duty of confidentiality with regard tocriminal or fraudulent client conduct under the ModelRules: ‘‘Reporting Up’’ and ‘‘Reporting Out’’ 526
Reporting up and reporting out under the SEC’s attorneyconduct regulations adopted pursuant to the Sarbanes-Oxley Act 534
Civil liability of attorneys with regard to illegal or fraudulentconduct by their clients 542
Standards for issuance of third party opinions 546
B. Specialized Areas of Office Practice 549
PROBLEM 5-3
REAL ESTATE PRACTICE 549
The role of attorneys and conflicts of interest in real estatetransactions 551
Unauthorized practice of law issues in real estate transactions 556Trust account management and disbursement of funds at
real estate closings 559
Contents xxi
PROBLEM 5-4
ESTATE PLANNING AND PROBATE PRACTICE 561
The Model Rules and ethical issues facing lawyers engaged inestate planning and administration 563
Conflicts of interest and confidentiality in estate planning 564A. v. B. 568Bequests to lawyers and wills that name the drafting lawyer
as fiduciary 577Ethical problems in estate administration: conflicts of
interest, confidentiality, fees, and supervision ofnonlawyers 580
Multiple Choice Questions 585
Chapter 6
Lawyers in Public Service: Judges,Government Attorneys, and
Public Interest Lawyers
A. Judicial Ethics 590
PROBLEM 6-1
JUDGES IN THEIR OFFICIAL CAPACITIES 590
Regulation of judicial conduct: standards and procedure 591Disqualification of judges because of personal involvement or
interest in matters 592Disqualification of judges based on relationships with
persons interested in the matter 594Disqualification of federal judges 596Waiver of disqualification 602Ex parte contacts 602
PROBLEM 6-2
EXTRAJUDICIAL CONDUCT AND JUDICIAL SELECTION 603
Limitations on judges’ extrajudicial activities 604Methods of judicial selection and the problem of judicial
independence 609Judges and political activity 612
xxii Contents
B. Representation of the Public Interest 616
PROBLEM 6-3
GOVERNMENT ATTORNEYS 616
The role of the government lawyer and the duty to seekjustice 617
Confidentiality of information: government attorneys andwrongdoing by government officials 623
The ‘‘revolving door’’: movement of lawyers into and out ofgovernment practice 626
PROBLEM 6-4
PUBLIC INTEREST PRACTICE 631
The history and meaning of public interest law 632Oliver A. Houck, With Charity for All 632Ethical problems facing public interest lawyers 637
Multiple Choice Questions 640
Chapter 7
Special Ethical Problems of Law Firms
A. Regulation Within Firms 643
PROBLEM 7-1
THE DUTY TO SUPERVISE 643
Supervisory principles 644Regulation of sexual relationships between lawyers and
clients, other lawyers, and nonlawyers 647
B. Organizational Form, Departing Lawyers, and Sale of a Practice 6481. Legal Structures 6482. Covenants Not to Compete and Other Restrictions on
Departures from Firms 650
PROBLEM 7-2
LAW FIRM ORGANIZATION AND BREAKUPS 650
3. Sale of a Law Practice 656
C. Ancillary Businesses and Multidisciplinary Practice 6591. Ancillary Businesses 6592. Multidisciplinary Practice 661
Contents xxiii
PROBLEM 7-3
PRACTICING WITH NONLAWYERS 662
D. Quality of Life in Law Firms 663
PROBLEM 7-4
DISCRIMINATION AND RELATED ISSUES 665
Multiple Choice Questions 666
Table of Cases 667Table of Model Rules, Restatements, and Other Standards 675Tables of Articles, Books, and Reports 685Index 707
xxiv Contents
Contents (Doctrinal Organization)
Editor’s Note: This Table of Contents is provided for the convenience ofthose professors who prefer a doctrinal rather than a practice-basedorganization of the material.
Chapter 1
Introduction to ProfessionalResponsibility
A. The Foundations of Professional Responsibility 1B. Resolving Tensions in the Lawyer’s Role: Complying with
Rules and Standards of Professional Conduct and the LawGoverning Lawyers 12
C. Going Beyond the Rules: Client-Centered Lawyering, MoralValues, Principles of Professionalism, Defensive Lawyering,and Other Sources of Guidance for Lawyers 22
PROBLEM 1-1
THE MORAL ACCOUNTABILITY OF LAWYERS 28
D. Issues Facing the Profession: Methods of Regulating AttorneyConduct 34
PROBLEM 1-2
REPORTING MISCONDUCT BY ANOTHER LAWYER 39
PROBLEM 1-3
EVALUATION OF YOUR STATE’S SYSTEM OF LAWYER
DISCIPLINE 43
E. The Concept of a Philosophy of Lawyering 53
PROBLEM 1-4
DEVELOPING A PHILOSOPHY OF LAWYERING 56
Bibliography on the Practice of Law and Selected Biographiesof Lawyers 57
xxv
Chapter 2
Confidentiality, the Attorney-ClientPrivilege, and the Work
Product Doctrine
PROBLEM 2-4
INFORMATION ABOUT UNSOLVED OR CONTEMPLATED CRIMES 98
PROBLEM 2-5
DEALING WITH PHYSICAL EVIDENCE, FRUITS,
AND INSTRUMENTALITIES OF CRIMES 113
PROBLEM 2-6
FALSE TESTIMONY IN CRIMINAL CASES 124
PROBLEM 3-3
THE ETHICAL DUTY OF CONFIDENTIALITY,
THE ATTORNEY-CLIENT PRIVILEGE,
AND THE WORK PRODUCT DOCTRINE 258
PROBLEM 5-2
FRAUD BY CLIENTS IN BUSINESS TRANSACTIONS 521
Chapter 3
Conflicts of Interest
PROBLEM 3-4
REPRESENTATION AGAINST CURRENT CLIENTS 271
PROBLEM 3-5
REPRESENTATION AGAINST FORMER CLIENTS 290
PROBLEM 3-6
IMPUTATION OF DISQUALIFICATION 299
PROBLEM 3-8
REPRESENTATION OF MULTIPLE PLAINTIFFS IN TORT CASES 315
PROBLEM 2-8
MULTIPLE REPRESENTATION OF CODEFENDANTS
IN CRIMINAL CASES 154
xxvi Contents (Doctrinal Organization)
PROBLEM 5-1
LAWYERS AS REPRESENTATIVES OF MULTIPLE CLIENTS,
INVESTORS, AND BOARD MEMBERS 504
PROBLEM 2-7
DEFENDANTS WITH DIMINISHED CAPACITY 146
PROBLEM 3-7
ADVOCATE-WITNESS CONFLICTS OF INTEREST 305
Chapter 4
Competency, Fees, and Client Property
PROBLEM 2-1
JUSTIFICATIONS FOR DEFENDING THE GUILTY 68
PROBLEM 2-2
COMPETENCY OF DEFENSE COUNSEL 78
PROBLEM 2-3
LEGAL FEES IN CRIMINAL DEFENSE CASES 84
PROBLEM 3-1
CONTINGENT FEES, EXPENSES, AND FEE SPLITTING 219
PROBLEM 3-2
ENGAGEMENT AND NONENGAGEMENT AGREEMENTS 236
Chapter 5
Limitations on Zealous Representation
PROBLEM 4-1
FRIVOLOUS CLAIMS 360
PROBLEM 4-2
INVESTIGATION: CONTACTS WITH EMPLOYEES 371
PROBLEM 4-3
INVESTIGATION: SECRET TAPE RECORDING AND
INADVERTENT DISCLOSURES 387
Contents (Doctrinal Organization) xxvii
PROBLEM 4-4
DISCOVERY: INTERROGATORIES,
DOCUMENT PRODUCTION, AND DEPOSITIONS 395
PROBLEM 4-5
NEGOTIATION 408
PROBLEM 2-9
TRIAL PUBLICITY 162
PROBLEM 2-10
LIMITATIONS ON TRIAL TACTICS 173
Chapter 6
Delivery of Legal Services
PROBLEM 4-7
LAW FIRM MARKETING PRACTICES 442
PROBLEM 4-8
CURRENT CONSTITUTIONAL ISSUES IN LAWYER
ADVERTISING AND SOLICITATION 454
PROBLEM 4-9
REGULATION OF THE UNAUTHORIZED PRACTICE OF LAW 477
PROBLEM 4-10
MANDATORY PRO BONO AND DELIVERY OF
LEGAL SERVICES TO INDIGENTS 486
PROBLEM 2-12
EVALUATION OF DELIVERY OF
DEFENSE SERVICES IN CRIMINAL CASES 208
Chapter 7
Ethical Problems in SpecializedAreas of Practice
PROBLEM 6-1
JUDGES IN THEIR OFFICIAL CAPACITIES 590
xxviii Contents (Doctrinal Organization)
PROBLEM 6-2
EXTRAJUDICIAL CONDUCT AND JUDICIAL SELECTION 603
PROBLEM 6-3
GOVERNMENT ATTORNEYS 616
PROBLEM 6-4
PUBLIC INTEREST PRACTICE 631
PROBLEM 2-11
SPECIAL DUTIES OF PROSECUTORS 187
PROBLEM 3-9
INSURANCE DEFENSE PRACTICE 322
PROBLEM 3-10
FAMILY PRACTICE 335
PROBLEM 4-6
MEDIATION AND ARBITRATION 428
PROBLEM 5-3
REAL ESTATE PRACTICE 549
PROBLEM 5-4
ESTATE PLANNING AND PROBATE PRACTICE 561
Chapter 8
Special Ethical Problems of Law Firms
A. Regulation Within Firms 643
PROBLEM 7-1
THE DUTY TO SUPERVISE 643
B. Organizational Form, Departing Lawyers, and Sale of aPractice 648
PROBLEM 7-2
LAW FIRM ORGANIZATION AND BREAKUPS 650
Contents (Doctrinal Organization) xxix
C. Ancillary Businesses and Mutidisciplinary Practice 659
PROBLEM 7-3
PRACTICING WITH NONLAWYERS 662
D. Quality of Life in Law Firms 663
PROBLEM 7-4
DISCRIMINATION AND RELATED ISSUES 665
xxx Contents (Doctrinal Organization)