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

Recommendations

Info

§95 81, 83, 115§96 54, 110§97 54§97 Comment c 324§97 Comment f 326§97 Comment g 326§97(1) 326§97(3) 325§97(4) 325§98 83, 180, 181§98 Comment d 182§§99–103 416§100 Comment e 418§105 137§105 Comment d 138§119 205§120 102, 180, 214, 217, 219§121–135 115§121 134, 230, 254§121 Comment d 262§122 235§123 55§123 Comment e 55§124 320§124(3) 327§125 306, 307§125 Comment e 307§126 268§126 Comment c 269§127 277§128 236, 242§128 Comment f 265§129 242§130 54, 247, 250§131 242554
§132 115, 302§133 323, 327§134 54, 289, 299§134 Comment f 290, 292§134(2) 292Restatement (First) of Agency§395 126Restatement (Second) of Agency§112 98§213 76§395 195Restatement (Third) of Agency§1.01 93, 105§1.01 Comment c 93, 137§1.01 Comment e 93§2.01 107§2.02 107§2.03 107§5.04 134§8.0 Comment b 93§8.01–8.05 134§8.01 230§8.01 Comment c 134§8.05 134§8.08 133§8.09 106§8.09(2) 137§8.11 133Restatement (Second) of Contracts§90 59Restatement (Third) of Employment LawCh. 5 381Restatement (Third) of Restitution andUnjust Enrichment§13 181§51 181555
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 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
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
Page 84 and 85:
recovered. . . .Practice Pointers:N
Page 86 and 87:
Lawyer WebsitesABA Formal Opinion 1
Page 88 and 89:
visitors. 22 A particular website m
Page 90 and 91:
unbundled limited assistance).10. A
Page 92 and 93:
Chapter 4CompetenceThis chapter exp
Page 94 and 95:
A third version of the disclosure s
Page 96 and 97:
the individuals owning and operatin
Page 98 and 99:
to whom counsel owed a duty. Here,
Page 100 and 101:
but for defendants’ negligence. P
Page 102 and 103:
(b) Should Martyn tell the caller t
Page 104 and 105:
which juries do not need an expert
Page 106 and 107:
lawyer, reasoning that the interest
Page 108 and 109:
Crawford had pledged to it had prev
Page 110 and 111:
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
Page 120 and 121:
the client constitutes abandonment,
Page 122 and 123:
entered an order denying Maples’
Page 124 and 125:
abandonment by counsel continuing t
Page 126 and 127:
The Clients The Sixth Amendment con
Page 128 and 129:
counsel for the same crime, or when
Page 130 and 131:
B. ControlModel Rules 1.2, 1.4RLGL
Page 132 and 133:
Actual authority includes both expr
Page 134 and 135:
redirect his actions to release the
Page 136 and 137:
impairment that affected “his abi
Page 138 and 139:
communicates with a client to ensur
Page 140 and 141:
thorough investigation and intervie
Page 142 and 143:
efforts” to ensure that the nonla
Page 144 and 145:
responded that he was going to be a
Page 146 and 147:
guidance in assessing the level of
Page 148 and 149:
Here, Blumenfeld was retained to as
Page 150 and 151:
7. In re Gault, 387 U.S. 1 (1966) (
Page 152 and 153:
sufficient authority to embrace the
Page 154 and 155:
The recognition of confidentiality
Page 156 and 157:
was also a friend of AB’s. Unawar
Page 158 and 159:
school bus. The loaded bus was knoc
Page 160 and 161:
their clients, and apparently acted
Page 162 and 163:
took the client as a client. The la
Page 164 and 165:
The fiduciary relationship between
Page 166 and 167:
me involved in it.Q. “Without get
Page 168 and 169:
“The individual called — I can
Page 170 and 171:
client. . . .The Court of Appeals,
Page 172 and 173:
quoted language from Hickman, howev
Page 174 and 175:
context of the drug industry. Howev
Page 176 and 177:
Chief Justice REHNQUIST delivered t
Page 178 and 179:
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
Page 186 and 187:
brakes: the ones for the cab worked
Page 188 and 189:
7. Although we do not adopt a cease
Page 190 and 191:
information regarding his client’
Page 192 and 193:
116 N.W.2d 704 (Minn. 1962)THOMAS G
Page 194 and 195:
questionable remedy he may have aga
Page 196 and 197:
The district attorney announces the
Page 198 and 199:
the matter is remanded for further
Page 200 and 201:
advice not to remove documents from
Page 202 and 203:
Moreover, where a law firm believes
Page 204 and 205:
2013, the United States issued a su
Page 206 and 207:
ESG Capital [also] must plead facts
Page 208 and 209:
as part of the fraudulent Facebook
Page 210 and 211:
fraud, deceit, and dishonesty, 17 f
Page 212 and 213:
called “noisy withdrawal”: givi
Page 214 and 215:
Nonetheless, twenty years later, wi
Page 216 and 217:
lawyer who knew his client had kill
Page 218 and 219:
for you to do anything other than w
Page 220 and 221:
crimes. The indictment alleged that
Page 222 and 223:
harshly than the law requires. Beca
Page 224 and 225:
illicit activity for the exception
Page 226 and 227:
point, a successor in interest, suc
Page 228 and 229:
6. E.g., Thomas H. Lee Equity Fund
Page 230 and 231:
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
Page 238 and 239:
of this court would have been much
Page 240 and 241:
prejudicial to the administration o
Page 242 and 243:
pardoned for the crime. 12 At the s
Page 244 and 245:
accident in which the Fennimores’
Page 246 and 247:
misrepresentation, in violation of
Page 248 and 249:
sanctionable under Rule 38. We dire
Page 250 and 251:
Thus, in December 1991, when Snyder
Page 252 and 253:
The administrative record in this c
Page 254 and 255:
probate judge. Is Fox in trouble?5.
Page 256 and 257:
I might sum it up in this way: Of c
Page 258 and 259:
15. E.g., N.Y. Jud. Law § 90(4) (M
Page 260 and 261:
In the last three chapters, we saw
Page 262 and 263:
business information, including Mar
Page 264 and 265:
attorneys who breach their fiduciar
Page 266 and 267:
respect to the divorce. Rule [1.12(
Page 268 and 269:
Third, orders granting or denying d
Page 270 and 271:
ability to “recommend or advocate
Page 272 and 273:
4. Employer and Employee Model Rule
Page 274 and 275:
officers to keep Sanford in the res
Page 276 and 277:
C. The Legal Principles. . . The [C
Page 278 and 279:
the contract contained a clause mak
Page 280 and 281:
— in other words, it is within at
Page 282 and 283:
A lawyer’s obligation to communic
Page 284 and 285:
property. Recently, Lawyer prepared
Page 286 and 287:
follows automatically, regardless o
Page 288 and 289:
Jonathan W. FELDMAN, United States
Page 290 and 291:
line of the corporate parent,” la
Page 292 and 293:
During the representation, misunder
Page 294 and 295:
2. Identification of the client org
Page 296 and 297:
1. Restatement (Third) of Agency §
Page 298 and 299:
Chapter 10Conflicts of Interest:Spe
Page 300 and 301:
This statement of general principle
Page 302 and 303:
the ladder at their respective plac
Page 304 and 305:
handle each.Financially, Peter coul
Page 306 and 307:
trying to cover his butt. If the ap
Page 308 and 309:
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
Page 316 and 317:
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
Page 326 and 327:
damages only the insurer. . . .Para
Page 328 and 329:
additional coverage from another ca
Page 330 and 331:
10-11. Martyn & Fox is hired by Ins
Page 332 and 333:
be vicariously liable for abuse of
Page 334 and 335:
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
Page 374 and 375:
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
Page 398 and 399:
far as the court’s opinion reveal
Page 400 and 401:
. . . was far superior to what cons
Page 402 and 403:
3. Burlington v. Dague, 505 U.S. 55
Page 404 and 405:
Let me make clear that the above op
Page 406 and 407:
law. We reached that conclusion the
Page 408 and 409:
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
Page 420 and 421:
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
Page 432 and 433:
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
Page 458 and 459:
I. Under what circumstances does Ru
Page 460 and 461:
applies.IV. Does a lawyer have a du
Page 462 and 463:
ConclusionUnder amended Rule 8.3, a
Page 464 and 465:
[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
Page 476 and 477:
this distinction.Other First Amendm
Page 478 and 479:
due process guarantees. 27 In crimi
Page 480 and 481:
FictitiousLegalReferral.com require
Page 482 and 483:
949 P.2d 1 (Cal. 1998), cert. denie
Page 484 and 485:
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
Page 492 and 493:
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
Page 508 and 509: 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
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 552 and 553: §31 384§31 Comment 1 97§32 369,
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
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?