[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

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Problems3. Authority in Representing OrganizationsProblem4. Authority in Representing Clients with Diminished CapacityAttorney Grievance Commission of Maryland v. FrammProblemC. CommunicationdePape v. Trinity Health Systems, Inc.ProblemsChapter 6: ConfidentialityA. IntroductionB. Fiduciary DutyMatter of AnonymousPerez v. Kirk & CarriganLawyers’ Roles: The Directive Lawyer and Fiduciary DutyProblemsC. Evidentiary Protections: Attorney-Client Privilege and Work ProductImmunityThe Bounds of the Law: Court OrdersHughes v. MeadeDean v. DeanProblemUpjohn Co. v. United StatesIn re Vioxx Products Liability LitigationProblemSwidler & Berlin v. United StatesProblemD. Express or Implied Authority and Waiver1. Express or Implied AuthorityIn re PresslyProblem2. Privilege and Work Product WaiverProblems3. Lawyer Receipt of Inadvertently or Anonymously Sent Information12
Merits Incentives, LLC v. The Eighth Judicial District Court of the State ofNevadaProblemChapter 7: Confidentiality Exceptions: Physical and Financial InjuryA. Physical Harm1. Fiduciary DutyHawkins v. King CountyProblemsSpaulding v. ZimmermanProblems2. Privilege and Work ProductPurcell v. District Attorney for the Suffolk DistrictProblemB. Financial Harm1. Fiduciary DutyIn re American Continental Corporation/Lincoln Savings & Loan SecuritiesLitigationESG Capital Partners, LP v. StratosThe Bounds of the Law: FraudProblemsThe Opinion LetterProblem2. Privilege and Work Product: Client Crime or FraudUnited States v. ChenProblemsLawyers’ Roles: The Instrumental Lawyer and the Bounds of the LawChapter 8: Confidentiality Exceptions: Lawyer Interests and Compliance with OtherLawA. Seeking Advice, Self-Defense, and Compensation DisputesMeyerhofer v. Empire Fire & Marine Insurance Co.ProblemsB. Compliance with Law or Court Order: Physical EvidenceNew York Penal Law (2016)People v. Belge13
Page 2 and 3: Traversing the EthicalMinefield2
Page 4 and 5: David Alan SklanskyStanley Morrison
Page 6 and 7: Copyright © 2018 CCH Incorporated.
Page 8 and 9: For PeterandFor Our GrandchildrenVi
Page 10 and 11: ContentsPrefaceAcknowledgmentsPART
Page 14 and 15: ProblemsC. Compliance with Law or C
Page 16 and 17: The Law Governing Lawyers: Loss of
Page 18 and 19: B. Wrongful Discharge1. Inside Coun
Page 20 and 21: Chapter 16: Judicial EthicsA. Intro
Page 22 and 23: when Martyn & Fox has a range of op
Page 24 and 25: AcknowledgmentsWe could not have co
Page 26 and 27: Attorneys (2015)26
Page 28 and 29: Chapter 1Lawyers, Role, and LawA. L
Page 30 and 31: questions why lawyers should apply
Page 32 and 33: Lawyers who see themselves as trans
Page 34 and 35: “entire devotion to the interest
Page 36 and 37: The truth-based rationale for the a
Page 38 and 39: fosters, such as individual initiat
Page 40 and 41: that alimony can be negotiated late
Page 42 and 43: behavior in a civil or criminal cas
Page 44 and 45: andc. is not inconsistent with gene
Page 46 and 47: define the practice of law. 4Campbe
Page 48 and 49: previously prepared by a lawyer”
Page 50 and 51: power to provide for the deportatio
Page 52 and 53: other law students, in which he thr
Page 54 and 55: adversaries, courts, and others wit
Page 56 and 57: C. Professional Discipline Model Ru
Page 58 and 59: adversely on their ability to pract
Page 60 and 61: AHP. He did not inform them that th
Page 62 and 63:
5.1(c)(1).”The Trial Commissioner
Page 64 and 65:
wrongfulness of the conduct and cha
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Chapter 3Beginning the Client-Lawye
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competence because they fear they l
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PIESTER, Magistrate Judge. . . .In
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the peaceful resolution of private
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barriers that block understanding b
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3-6. Should Martyn & Fox represent
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Limited-term pro bono service, wher
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Lawyers cannot recognize or solve a
Page 82 and 83:
Togstad that he would consult with
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recovered. . . .Practice Pointers:N
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Lawyer WebsitesABA Formal Opinion 1
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visitors. 22 A particular website m
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unbundled limited assistance).10. A
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Chapter 4CompetenceThis chapter exp
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A third version of the disclosure s
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the individuals owning and operatin
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to whom counsel owed a duty. Here,
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but for defendants’ negligence. P
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(b) Should Martyn tell the caller t
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which juries do not need an expert
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lawyer, reasoning that the interest
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Crawford had pledged to it had prev
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indefinite and perhaps excessive li
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immediately because two loans relat
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[P]laintiffs’ second claim for re
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with intent to defraud or injure an
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40. MR 2.3; RLGL § 95.41. McIntosh
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the client constitutes abandonment,
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entered an order denying Maples’
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abandonment by counsel continuing t
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The Clients The Sixth Amendment con
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counsel for the same crime, or when
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B. ControlModel Rules 1.2, 1.4RLGL
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Actual authority includes both expr
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redirect his actions to release the
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impairment that affected “his abi
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communicates with a client to ensur
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thorough investigation and intervie
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efforts” to ensure that the nonla
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responded that he was going to be a
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guidance in assessing the level of
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Here, Blumenfeld was retained to as
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7. In re Gault, 387 U.S. 1 (1966) (
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sufficient authority to embrace the
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The recognition of confidentiality
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was also a friend of AB’s. Unawar
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school bus. The loaded bus was knoc
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their clients, and apparently acted
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took the client as a client. The la
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The fiduciary relationship between
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me involved in it.Q. “Without get
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“The individual called — I can
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client. . . .The Court of Appeals,
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quoted language from Hickman, howev
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context of the drug industry. Howev
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Chief Justice REHNQUIST delivered t
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enforcement interest is at stake, t
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disclosure, which “heightened her
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After filing suit against petitione
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The determination that Mowbray fulf
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brakes: the ones for the cab worked
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7. Although we do not adopt a cease
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information regarding his client’
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116 N.W.2d 704 (Minn. 1962)THOMAS G
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questionable remedy he may have aga
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The district attorney announces the
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the matter is remanded for further
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advice not to remove documents from
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Moreover, where a law firm believes
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2013, the United States issued a su
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ESG Capital [also] must plead facts
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as part of the fraudulent Facebook
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fraud, deceit, and dishonesty, 17 f
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called “noisy withdrawal”: givi
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Nonetheless, twenty years later, wi
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lawyer who knew his client had kill
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for you to do anything other than w
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crimes. The indictment alleged that
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harshly than the law requires. Beca
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illicit activity for the exception
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point, a successor in interest, suc
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6. E.g., Thomas H. Lee Equity Fund
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15. MR 2.3, RLGL § 95.16. MR 1.16(
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stock at $17 a share. He alleges th
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plaintiffs named him as a defendant
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enforcement officials for the commi
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of this court would have been much
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prejudicial to the administration o
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pardoned for the crime. 12 At the s
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accident in which the Fennimores’
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misrepresentation, in violation of
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sanctionable under Rule 38. We dire
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Thus, in December 1991, when Snyder
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The administrative record in this c
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probate judge. Is Fox in trouble?5.
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I might sum it up in this way: Of c
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15. E.g., N.Y. Jud. Law § 90(4) (M
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In the last three chapters, we saw
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business information, including Mar
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attorneys who breach their fiduciar
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respect to the divorce. Rule [1.12(
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Third, orders granting or denying d
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ability to “recommend or advocate
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4. Employer and Employee Model Rule
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officers to keep Sanford in the res
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C. The Legal Principles. . . The [C
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the contract contained a clause mak
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— in other words, it is within at
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A lawyer’s obligation to communic
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property. Recently, Lawyer prepared
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follows automatically, regardless o
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Jonathan W. FELDMAN, United States
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line of the corporate parent,” la
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During the representation, misunder
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2. Identification of the client org
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1. Restatement (Third) of Agency §
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Chapter 10Conflicts of Interest:Spe
Page 300 and 301:
This statement of general principle
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the ladder at their respective plac
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handle each.Financially, Peter coul
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trying to cover his butt. If the ap
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10-2. Great business development id
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ATo determine whether actual damage
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Section [37] sets out consideration
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require proof of other damages and
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choice. The majority pointed out th
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IV. Ethical Violations. . . Monroe
Page 320 and 321:
10-8. Martyn & Fox represents Big B
Page 322 and 323:
remain focused on the interests of
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which means that the insurer must p
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damages only the insurer. . . .Para
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additional coverage from another ca
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10-11. Martyn & Fox is hired by Ins
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be vicariously liable for abuse of
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Chapter 11Conflicts of Interest: Fo
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obtaining informed consent, the for
Page 338 and 339:
Officials, including the Planning C
Page 340 and 341:
mistaken. A comment to that provisi
Page 342 and 343:
conflict with their representation
Page 344 and 345:
The public’s trust in the legal s
Page 346 and 347:
Plaintiff’s characterization of L
Page 348 and 349:
Kevin Costello provided the only ev
Page 350 and 351:
Several minutes later, as the discu
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client matter is opened by the firm
Page 354 and 355:
ensure that the screened lawyer act
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Lawyers and Clients:Representing Go
Page 358 and 359:
the political or cabinet head of th
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rules of professional conduct and o
Page 362 and 363:
that provided, “All personnel of
Page 364 and 365:
employees, their partners, and thei
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but nevertheless face clients who a
Page 368 and 369:
the extent that she rounds up to mi
Page 370 and 371:
say that the lawyer who agreed to h
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represent Timothy. Fordham describe
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to educate himself in the relevant
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but all lawyers, in terms of their
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Problems12-1. Martyn flies to San F
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contingent fees demonstrates, for a
Page 382 and 383:
the respondent to prepare a will an
Page 384 and 385:
without adequate time or staffing t
Page 386 and 387:
arbitrator awarded Perez $2,100.00,
Page 388 and 389:
We also agree with the board’s de
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jurisdictions. 13 Most important ar
Page 392 and 393:
The Superior Court judge determined
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Moore, which settled the suit for $
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are adequately enforced. Section 19
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far as the court’s opinion reveal
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. . . was far superior to what cons
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3. Burlington v. Dague, 505 U.S. 55
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Let me make clear that the above op
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law. We reached that conclusion the
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inventory included several accounts
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value of the estate fraudulently in
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Securities and Exchange Commission
Page 414 and 415:
Wadler was fired for other reasons,
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discharge, holding that the at-will
Page 418 and 419:
Formal Ethics Opinion No. 116 (2007
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inquire whether the call is regardi
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firm, none of them shall knowingly
Page 424 and 425:
12. Colo. RPC 1.4.14. . . . [T]he l
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Chapter 14The Bounds of the LawA. I
Page 428 and 429:
Lawyers as GatekeepersThe applicati
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Christian v. Mattel, Inc.286 F.3d 1
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deter costly meritless maneuvers, .
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Problem14-4. Martyn & Fox filed a l
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the emails then existing on Mr. Rom
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prejudiced, but not irreparably, fr
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damages for future loss of wages an
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this case, we conclude that the Pan
Page 444 and 445:
and evaluate the appropriateness of
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Networking Website, They may not us
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party’s counsel. . . . Pursuant t
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G. Communication with Unrepresented
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acts or omissions in the matter und
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Martyn & Fox if we will get one of
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Part IVLawyers and Society:The Prof
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I. Under what circumstances does Ru
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applies.IV. Does a lawyer have a du
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ConclusionUnder amended Rule 8.3, a
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[A]s we noted with respect to our a
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to whom the communication is addres
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about those attorneys who use direc
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most critical question by assuming
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11. Attorneys may Advertise on a So
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In Button, the Court overturned a V
Page 476 and 477:
this distinction.Other First Amendm
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due process guarantees. 27 In crimi
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FictitiousLegalReferral.com require
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949 P.2d 1 (Cal. 1998), cert. denie
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B. The Present Case. . . As the Cou
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casebook. For example, we noted tha
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does not always provide more consum
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(2012).4. See The Bounds of the Law
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regulations. 12Unlike lawyers, howe
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All of these categories except pers
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proceeds with eight Justices, raisi
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the Vice President’s guest on Air
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would be proper for me to recuse. T
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Cheney and he never shared a duck b
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persuasive opinion — even if the
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Supreme Court and was serving as it
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unconstitutional risk of bias.As an
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Chief Justice ROBERTS, with whom Ju
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Chief Justice ROBERTS delivered the
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much as a judge’s personal solici
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opportunity to engage in the campai
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practice in controversy”).43. CJC
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Battle v. Thornton, 79Bayview Loan
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Commodity Futures Trading Comm’n
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Forrest, In re, 214, 225Framm; Atto
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Hughes v. Meade, 137, 138, 139, 141
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MMachado v. Statewide Grievance Com
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Palsgraf v. Long Island R.R. Co., 5
Page 532 and 533:
SSabine Pilot Serv. v. Hauck, 382St
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Treinen, In re, 212Tumey v. Ohio, 4
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Table of Model Rules,Restatements,
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1.7 247, 250, 251, 254, 264, 267, 2
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1.12(a) 2361.12(b) 235, 2361.12(c)
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4.1 413, 415, 4754.1 Comment [3] 18
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2-106(B) 341Federal Statutes and Ad
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Colorado Bar Ass’n, Ethics Comm.
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Indiana R. of Prof. Conduct §1.5(a
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§165.042 92§166.715-166.735 92§1
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§31 384§31 Comment 1 97§32 369,
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§95 81, 83, 115§96 54, 110§97 54
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§51 181Restatement (Second) of Tor
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§2.11 Comment 1 457§2.11(A) 458§
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§2.06 213§2.06(3)(a) 213§5.03 21
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Agency law, duty of control, 106-10
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commingling of funds, 354-356common
Page 566 and 567:
what to disclose, 115-116who should
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clear and serious violations, 283cl
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overview, 42-43, 93-94Restatement (
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of lawyers, 225, 227malpractice, 78
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disclosure, 184-185fiduciary duty,
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disqualification of lawyers, 323dut
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Judges. See also Judicial ethicscom
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criminal defense representation, 10
Page 582 and 583:
organizational clients, 261-264over
Page 584 and 585:
Pretrial publicity, First Amendment
Page 586 and 587:
as gatekeepers, 395-396as instrumen
Page 588 and 589:
United Kingdommultidisciplinary pra
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