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

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§31 384§31 Comment 1 97§32 369, 373, 377, 380, 384§33 369§33(2)(c) 387§34 333, 360§35 344§37 277, 279, 280, 281, 402§37 Comment c 283§37 Comment d 283§37 Comment e 284§38 333, 350, 360§40 333, 350, 357§42(2) 284§43 357§44 350, 357§44 Comment b 352§47 55§48–50 133§48 70§49 70, 77, 114§49 Comment a 77§51 55, 78, 83§51 Comment h 55§51(2) 81, 82§51(2)(b) 82§51(3) 81, 298§51(4) 83§52 70, 78§52 Comment b 78§52(2) 17, 79§53 Comment b 80§53 Comment c 80, 94§53 Comment d 104§53 Comment g 80552
§53 Comment h 80§54 Comment d 80§56 180§56 Comment e 81§56 Comment f 81§56 Comment i 81§57 81§59 125, 127, 162§60–62 115§60 127, 134, 250, 252, 253§60(1)(a) 134, 307§61–62 125, 152§62 115§63 126, 205, 208, 217, 219§63 Comment b 138§64 126, 201§65 126, 201§66 126, 162§67 126, 171§68–77 125, 137§70 Comment f 116, 134, 136§73 142, 154§75 291§77 138, 150§78–81 125, 154§78(3) 136§82 126, 167, 180, 181, 192§83 126, 201§86 126, 138, 154, 205§87–89 125§91–92 125, 154§93 126, 167, 180, 181, 192§94 171§94 Comment b 180§94 Comment e 138553
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Traversing the EthicalMinefield2
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David Alan SklanskyStanley Morrison
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Copyright © 2018 CCH Incorporated.
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For PeterandFor Our GrandchildrenVi
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ContentsPrefaceAcknowledgmentsPART
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Problems3. Authority in Representin
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ProblemsC. Compliance with Law or C
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The Law Governing Lawyers: Loss of
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B. Wrongful Discharge1. Inside Coun
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Chapter 16: Judicial EthicsA. Intro
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when Martyn & Fox has a range of op
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AcknowledgmentsWe could not have co
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Attorneys (2015)26
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Chapter 1Lawyers, Role, and LawA. L
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questions why lawyers should apply
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Lawyers who see themselves as trans
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“entire devotion to the interest
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The truth-based rationale for the a
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fosters, such as individual initiat
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that alimony can be negotiated late
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behavior in a civil or criminal cas
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andc. is not inconsistent with gene
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define the practice of law. 4Campbe
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previously prepared by a lawyer”
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power to provide for the deportatio
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other law students, in which he thr
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adversaries, courts, and others wit
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C. Professional Discipline Model Ru
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adversely on their ability to pract
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AHP. He did not inform them that th
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5.1(c)(1).”The Trial Commissioner
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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
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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
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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
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10-8. Martyn & Fox represents Big B
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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
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Officials, including the Planning C
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mistaken. A comment to that provisi
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conflict with their representation
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The public’s trust in the legal s
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Plaintiff’s characterization of L
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Kevin Costello provided the only ev
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Several minutes later, as the discu
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client matter is opened by the firm
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ensure that the screened lawyer act
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Lawyers and Clients:Representing Go
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the political or cabinet head of th
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rules of professional conduct and o
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that provided, “All personnel of
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employees, their partners, and thei
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but nevertheless face clients who a
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the extent that she rounds up to mi
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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
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the respondent to prepare a will an
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without adequate time or staffing t
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arbitrator awarded Perez $2,100.00,
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We also agree with the board’s de
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jurisdictions. 13 Most important ar
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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
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Wadler was fired for other reasons,
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discharge, holding that the at-will
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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
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12. Colo. RPC 1.4.14. . . . [T]he l
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Chapter 14The Bounds of the LawA. I
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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
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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
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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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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
Page 526 and 527: 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
Page 534 and 535: Treinen, In re, 212Tumey v. Ohio, 4
Page 536 and 537: Table of Model Rules,Restatements,
Page 538 and 539: 1.7 247, 250, 251, 254, 264, 267, 2
Page 540 and 541: 1.12(a) 2361.12(b) 235, 2361.12(c)
Page 542 and 543: 4.1 413, 415, 4754.1 Comment [3] 18
Page 544 and 545: 2-106(B) 341Federal Statutes and Ad
Page 546 and 547: Colorado Bar Ass’n, Ethics Comm.
Page 548 and 549: Indiana R. of Prof. Conduct §1.5(a
Page 550 and 551: §165.042 92§166.715-166.735 92§1
Page 554 and 555: §95 81, 83, 115§96 54, 110§97 54
Page 556 and 557: §51 181Restatement (Second) of Tor
Page 558 and 559: §2.11 Comment 1 457§2.11(A) 458§
Page 560 and 561: §2.06 213§2.06(3)(a) 213§5.03 21
Page 562 and 563: 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 (
Page 572 and 573: of lawyers, 225, 227malpractice, 78
Page 574 and 575: disclosure, 184-185fiduciary duty,
Page 576 and 577: disqualification of lawyers, 323dut
Page 578 and 579: Judges. See also Judicial ethicscom
Page 580 and 581: 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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