The many ways of regulating lawyers -- Formation and termination -- Aspects of an ongoing relationship -- Attorneys' fees and transactions with clients -- Representing entities and groups -- Incompetence : remedies for malpractice and constitutional ineffectiveness -- Confidentiality and secrecy -- Attorney-client privilege and work product doctrine -- Professional duty of confidentiality -- Perjury in civil and criminal litigation : the lawyer's "trilemma" -- Attorney conduct in litigation : forensic tactics, fair and foul -- The client fraud problem -- Overview of conflicts of interest -- Concurrent conflicts -- Concurrent conflicts issues in specific contexts -- Former-client conflicts and migratory lawyers -- Personal-interest conflicts -- Attracting clients : advertising and solicitation -- Associations of lawyers -- The organized bar -- The judicial role.
Introduction and the role of lawyer -- Regulation of the legal profession -- Controls on lawyer conduct -- Formal aspects of the lawyer-client relationship -- Confidentiality -- Conflicts of interest -- Duties to third parties -- Duties to the legal system and society -- Special role-related duties -- Advertising and solicitation -- Judicial conduct.
The concept of professional responsibility -- Admission to practice -- The lawyer-client relationship -- Duties to the client and their enforcement -- Lawyers' duty to clients in tort -- Lawyer-client conflict and influence -- Concurrent conflicts -- Acting against former clients -- Duty to account -- Confidentiality -- Legal professional privilege -- Privilege in aid of settlement -- Employed ("in-house") lawyers -- Costs disclosure and costs agreements -- Recovery of costs from clients -- Solicitors' liens -- Duty to the court -- Particular applications of the duty to the administration of justice -- Duty to obey and uphold the law -- Conduct of practice -- Relations with the profession and third parties -- Undertakings -- The disciplinary jurisdiction -- Disciplinary procedures -- Types of misconduct.
Understanding conflicts of interest -- Pre-suit investigation and the pursuit of frivolous claims -- Surreptitious investigations and discovery -- Compensating fact witnesses -- Ex Parte communications : critical concerns for lawyers -- Social media and professional responsibility -- Accidental and impromptu clients -- Civility and saber-rattling -- Candor to the tribunal -- False testimony by clients and witnesses -- Lawyers as witnesses -- Professional responsibility and liability in negotiations -- Ethics on appeal.
The role and responsibility of lawyers -- The regulation of the legal profession -- The attorney-client relationship -- Competence - the lawyer's indispensable duty -- Confidentiality, the attorney-client privilege, and work-product immunity -- Conflicts of interest -- Fairness in adjudication -- Special ethical issues in criminal practice -- Practicing law : issues in group lawyering and the unauthorized practice of law -- Marketing legal services -- Access to justice and pro bono services -- Judicial ethics.
The role of the paralegal -- The legal services delivery team -- The law of professional responsibility -- Unauthorized practice of law -- Competence and diligence -- Confidentiality -- Conflicts of interest -- Communications -- Information about legal services -- Legal fees and employee compensation -- Client funds and property.
Part 1: Foundations -- Part 2: The practitioner -- Part 3: Annotated conduct and client care rules -- Part 4: Practitioners and the court -- Part 5: Practitioners and other practitioners -- Part 6: Practitioners and clients -- Part 7: Practitioners and others.