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

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Attorneys (2015)26
Part IIntroductionMost other law school courses are designed to improve your ability to assist your clients inachieving their goals by articulating their interests, asserting their rights, and defendingtheir positions. Only in this course are you provided with the tools to recognize your ownobligations and professional responsibilities, the limitations on your own conduct, and yourrights as a lawyer, an officer of the legal system, and a citizen. Our experience indicates thatmany legally educated professionals (practicing lawyers and academics) are less than fullyaware of some of the most crucial concepts covered in this course. Our purpose is to ensurethat this will not be the case for you.27
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 12 and 13: Problems3. Authority in Representin
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 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
Page 66 and 67: Chapter 3Beginning the Client-Lawye
Page 68 and 69: competence because they fear they l
Page 70 and 71: PIESTER, Magistrate Judge. . . .In
Page 72 and 73: the peaceful resolution of private
Page 74 and 75: barriers that block understanding b
Page 76 and 77:
3-6. Should Martyn & Fox represent
Page 78 and 79:
Limited-term pro bono service, wher
Page 80 and 81:
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
Page 90 and 91:
unbundled limited assistance).10. A
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Chapter 4CompetenceThis chapter exp
Page 94 and 95:
A third version of the disclosure s
Page 96 and 97:
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
Page 112 and 113:
immediately because two loans relat
Page 114 and 115:
[P]laintiffs’ second claim for re
Page 116 and 117:
with intent to defraud or injure an
Page 118 and 119:
40. MR 2.3; RLGL § 95.41. McIntosh
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the client constitutes abandonment,
Page 122 and 123:
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
Page 164 and 165:
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,
Page 172 and 173:
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
Page 180 and 181:
disclosure, which “heightened her
Page 182 and 183:
After filing suit against petitione
Page 184 and 185:
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
Page 220 and 221:
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(
Page 232 and 233:
stock at $17 a share. He alleges th
Page 234 and 235:
plaintiffs named him as a defendant
Page 236 and 237:
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
Page 252 and 253:
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
Page 260 and 261:
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
Page 278 and 279:
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
Page 292 and 293:
During the representation, misunder
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2. Identification of the client org
Page 296 and 297:
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
Page 310 and 311:
ATo determine whether actual damage
Page 312 and 313:
Section [37] sets out consideration
Page 314 and 315:
require proof of other damages and
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choice. The majority pointed out th
Page 318 and 319:
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
Page 324 and 325:
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
Page 336 and 337:
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
Page 352 and 353:
client matter is opened by the firm
Page 354 and 355:
ensure that the screened lawyer act
Page 356 and 357:
Lawyers and Clients:Representing Go
Page 358 and 359:
the political or cabinet head of th
Page 360 and 361:
rules of professional conduct and o
Page 362 and 363:
that provided, “All personnel of
Page 364 and 365:
employees, their partners, and thei
Page 366 and 367:
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
Page 372 and 373:
represent Timothy. Fordham describe
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to educate himself in the relevant
Page 376 and 377:
but all lawyers, in terms of their
Page 378 and 379:
Problems12-1. Martyn flies to San F
Page 380 and 381:
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
Page 390 and 391:
jurisdictions. 13 Most important ar
Page 392 and 393:
The Superior Court judge determined
Page 394 and 395:
Moore, which settled the suit for $
Page 396 and 397:
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
Page 410 and 411:
value of the estate fraudulently in
Page 412 and 413:
Securities and Exchange Commission
Page 414 and 415:
Wadler was fired for other reasons,
Page 416 and 417:
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
Page 422 and 423:
firm, none of them shall knowingly
Page 424 and 425:
12. Colo. RPC 1.4.14. . . . [T]he l
Page 426 and 427:
Chapter 14The Bounds of the LawA. I
Page 428 and 429:
Lawyers as GatekeepersThe applicati
Page 430 and 431:
Christian v. Mattel, Inc.286 F.3d 1
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deter costly meritless maneuvers, .
Page 434 and 435:
Problem14-4. Martyn & Fox filed a l
Page 436 and 437:
the emails then existing on Mr. Rom
Page 438 and 439:
prejudiced, but not irreparably, fr
Page 440 and 441:
damages for future loss of wages an
Page 442 and 443:
this case, we conclude that the Pan
Page 444 and 445:
and evaluate the appropriateness of
Page 446 and 447:
Networking Website, They may not us
Page 448 and 449:
party’s counsel. . . . Pursuant t
Page 450 and 451:
G. Communication with Unrepresented
Page 452 and 453:
acts or omissions in the matter und
Page 454 and 455:
Martyn & Fox if we will get one of
Page 456 and 457:
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
Page 462 and 463:
ConclusionUnder amended Rule 8.3, a
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[A]s we noted with respect to our a
Page 466 and 467:
to whom the communication is addres
Page 468 and 469:
about those attorneys who use direc
Page 470 and 471:
most critical question by assuming
Page 472 and 473:
11. Attorneys may Advertise on a So
Page 474 and 475:
In Button, the Court overturned a V
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this distinction.Other First Amendm
Page 478 and 479:
due process guarantees. 27 In crimi
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FictitiousLegalReferral.com require
Page 482 and 483:
949 P.2d 1 (Cal. 1998), cert. denie
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B. The Present Case. . . As the Cou
Page 486 and 487:
casebook. For example, we noted tha
Page 488 and 489:
does not always provide more consum
Page 490 and 491:
(2012).4. See The Bounds of the Law
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regulations. 12Unlike lawyers, howe
Page 494 and 495:
All of these categories except pers
Page 496 and 497:
proceeds with eight Justices, raisi
Page 498 and 499:
the Vice President’s guest on Air
Page 500 and 501:
would be proper for me to recuse. T
Page 502 and 503:
Cheney and he never shared a duck b
Page 504 and 505:
persuasive opinion — even if the
Page 506 and 507:
Supreme Court and was serving as it
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unconstitutional risk of bias.As an
Page 510 and 511:
Chief Justice ROBERTS, with whom Ju
Page 512 and 513:
Chief Justice ROBERTS delivered the
Page 514 and 515:
much as a judge’s personal solici
Page 516 and 517:
opportunity to engage in the campai
Page 518 and 519:
practice in controversy”).43. CJC
Page 520 and 521:
Battle v. Thornton, 79Bayview Loan
Page 522 and 523:
Commodity Futures Trading Comm’n
Page 524 and 525:
Forrest, In re, 214, 225Framm; Atto
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Hughes v. Meade, 137, 138, 139, 141
Page 528 and 529:
MMachado v. Statewide Grievance Com
Page 530 and 531:
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
Page 564 and 565:
commingling of funds, 354-356common
Page 566 and 567:
what to disclose, 115-116who should
Page 568 and 569:
clear and serious violations, 283cl
Page 570 and 571:
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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