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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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)