Professional Responsibility in Litigation

Author: Douglas R. Richmond,Brian S. Faughnan,Michael M. Matula

Publisher: N.A

ISBN: 9781634254410

Category: Legal ethics

Page: 939

View: 2558

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Facing numerous professional responsibility challenges, trial and appellate lawyers must handle significant problems that can arise suddenly or in difficult circumstances. Written by experienced trial and appellate lawyers, this updated edition focuses on the responsibilities of practicing lawyers. Organized as an anthology with chapters that trace the life of a lawsuit from start to finish, each chapter covers a key aspect of litigation in depth. It begins with an examination of the professional responsibility issues attending pre-suit investigations and the initiation of litigation, and concludes with a discussion of the professional responsibilities unique to appellate lawyers. Chapters address key issues, such as pre-suit investigation; co-counsel and referral relationships; surreptitious investigations and discovery; ethics of e-discovery; receipt and release of confidential information; expert witness conflicts of interest; false testimony; lawyers as witnesses; and more.

Model Rules of Professional Conduct

Author: ABA Center for Professional Conduct

Publisher: American Bar Association

ISBN: 9781604425178

Category: Law

Page: 209

View: 7830

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The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.

Litigating Animal Law Disputes

A Complete Guide for Lawyers

Author: Joan Schaffner,Julie I. Fershtman

Publisher: American Bar Association

ISBN: 9781604420012

Category: Law

Page: 584

View: 2448

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This is a fast-growing field of law, and today more and more lawyers are finding they have cases that deal with animal law. This one-stop resource contains every major aspect of private civil and criminal litigation of animal law disputes. The book also contains sample litigation documents, discovery materials, expert information and more. It's the one resource every lawyer who engages in animal law needs.

Litigating the Aviation Case

Author: Andrew J. Harakas

Publisher: N.A

ISBN: 9781634255806

Category: Law

Page: 880

View: 7389

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Claims based on aviation crashes are complex and challenging, requiring extensive commitments of time and resources as well as expertise with aviation and engineering principles coupled with detailed legal analysis. Litigating the Aviation Case provides a solid base of knowledge for the aviation novice as well as the seasoned practitioner with updates on existing issues and identification of the new issues facing the aviation litigator to ensure effective advocacy. Chapters address critical and evolving issues in aviation litigation, including jurisdiction; forum non conveniens; the Montreal Convention; issues with unruly passengers; preservation of evidence; insurance coverage; damages, and more. The authors also share tips and strategies for taking an aviation case to court, including: locating recognized sub-specialists; maximizing the effectiveness of evidence; effective opening and closing statements; cross-examining witnesses; and developing winning trial strategies.

Ethics and Professional Responsibility for Paralegals

Author: Therese A. Cannon,Sybil Taylor Aytch

Publisher: Wolters Kluwer Law & Business

ISBN: 145487337X

Category: Law

Page: 592

View: 7118

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With complete coverage of the ethical principles that inform the role of the paralegal, Ethics and Professional Responsibility for Paralegals, Eighth Edition is ideal for use as either a primary course book, or a supplementary text. An authoritative presentation combined with clear and readable pedagogy enriches all levels of inquiry into the ethics of legal practice. Key Benefits: Comprehensive coverage of the professional responsibilities of paralegals, illuminated with chapter overviews, key terms, and a student-friendly organization. Discussion questions with hypotheticals and review questions in each chapter. Landmark cases, many involving paralegals, that demonstrate how the principles and rules of ethics are applied. Updated ethics opinions, with a focus on technology and social media, supported by new hypotheticals. Expanded coverage of how technology is affecting various aspects of ethics and practice, including confidentiality and privilege, competence, conflicts of interest and advertising. Many new cases including: State Bar v. Lang (unauthorized practice of law), Committee v. JPMorgan Chase (competence), Lola v. Skadden (professionalism), Pension Committee v. Banc of America Securities (advocacy), and McDermott v. Superior Court (confidentiality).

Professional Responsibility in Focus

Author: John P. Sahl,R. Michael Cassidy,Benjamin P. Cooper,Margaret C. Tarkington

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877588

Category: Law

Page: 672

View: 5527

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This first-edition casebook, part of our expanding Focus series, offers a comprehensive, practice-oriented approach to the legal and ethical rules governing lawyers and judges. By providing real-world scenarios throughout the text, this casebook gives students numerous opportunities to apply what they learn and solidify their understanding of important concepts. Clear explanatory text, case previews, and case follow-ups further clarify the rules and aid in student understanding. The casebook begins with an introduction to the legal profession, and follows with concise, well-written chapters on the attorney-client relationship, covering competence, confidentiality, and conflicts of interest; discussion of the lawyer as advocate; special issues in criminal practice; coverage of delivery of legal services and access to justice, and a final chapter on judicial ethics. The first chapter on moral responsibility of lawyers helps situate and contextualize the rule-centric discussion of legal ethics that follows, by inviting students to appreciate the various roles that lawyers play in the legal system, their responsibilities to multiple stakeholders, and competing values at play in professional regulation. Key Benefits: Key Concepts at the beginning of each chapter. Highlighted cases introduced with a Case Preview. Post-Case Follow-ups expand on the holding in the case. Real Life Applications present opportunities to challenge students to apply concepts covered in the case to realistic hypothetical cases. Several features at the end of each chapter to help students better understand the material: Applying the Rules, Summary, Professional Responsibility in Practice The experiential approach of the Focus series provides more opportunities for critical analysis and application of concepts covered in the chapters. Extensive discussions and materials exploring the impact of technology on the delivery of legal services and the ways in which technological changes impact lawyers’ professional duties. The chapter on access to justice and pro bono services takes a comprehensive look at the sources of the justice gap and proposed solutions.

Lawyers’ Ethics and Professional Responsibility

Author: Andrew Boon

Publisher: Bloomsbury Publishing

ISBN: 1509901817

Category: Law

Page: 464

View: 8695

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This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.

Remaking Law Firms

Why and How

Author: George Beaton,Imme Kaschner

Publisher: N.A

ISBN: 9781634253963

Category: Law

Page: 272

View: 3069

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This book provides examples of innovative and successful business models from remade law firms to inspire change that goes beyond thinking and planning, and leads straight to implementing change and better client service.

The Law of Professional Responsibility in Ohio

Author: Jack A. Guttenberg,Lloyd B. Snyder

Publisher: N.A

ISBN: 9780870843358

Category: Law

Page: 569

View: 796

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This comprehensive manual summarizes & explains the impact of the rules, cases & agency opinions that govern the practice of law in Ohio. It also describes the enforcement rules & procedures. The text thoroughly discusses a wide variety of common ethical issues with extensive annotations from recent cases, & furnishes practical advice for ensuring compliance. The Law of Professional Responsibility in Ohio features: * Complete text of Ohio Code of Professional Responsibility * Selected Rules for Government of the Bar * Board of Commissioners Advisory Opinions * Table of cases.

Cases and Materials on the Professional Responsibility of Lawyers

Author: John Floyd Sutton,John S. Dzienkowski

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 713

View: 653

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Introduces students to rules of ethics, procedure, and substantive principles of law. Students are reminded of the three principal contexts of lawyer regulation: (1) the disciplinary committee; (2) the malpractice forum; and (3) the judicial regulation of lawyers in representing clients. The book also balances professional responsibility issues in litigation and office practice areas. Over a quarter of the discussion on representation is devoted to problems of a lawyer as an adviser, intermediary, evaluator, and lobbyist. Students entering an office practice (tax, corporate, securities, and real estate) will benefit from the book, as will those who practice in the civil or criminal courtroom.

Understanding Lawyers' Ethics

Author: Monroe H. Freedman,Abbe Smith

Publisher: LexisNexis

ISBN: 1422470229

Category: Law

Page: 400

View: 4049

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This Understanding treatise presents a systematic position on lawyers' ethics. The authors argue that lawyers' ethics is rooted in the Bill of Rights and in the autonomy and the dignity of the individual. This traditionalist, client-centered view of the lawyer's role in an adversary system corresponds to the ethical standards that are held by a large proportion of the practicing bar. From this perspective, the authors of Understanding Lawyers' Ethics analyze the fundamental issues of lawyers' ethics, and particularly the ABA's Model Rules and Model Code. Even if students do not share the authors' viewpoint, they can benefit from this presentation because it challenges them to appreciate the underlying reasons for the position presented. This treatise is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment. The Fourth Edition includes: • A new section on Law vs. Justice, in addition to the section on Moral Values and Ethical Choices • The debate between Mike Tigar and Freedman on morality in lawyering. • A new chapter on Lawyers' Ethics in a Time of Crisis • A chapter on Judicial Ethics, with analysis of Caperton v. Massey Coal Co. and White v. Republican Party of Minnesota, as well as critical commentary on the failure of several Supreme Court justices to recuse themselves when required by the Constitution and by statute to do so • A concise but comprehensive chapter on Prosecutors' Ethics • A demonstration that the corporate-fraud report up and report out provisions have been deliberately drafted to defeat their purported purpose • Harmonization of Primus and Ohralik, showing that even in-person solicitation of clients is entitled to a level of First Amendment protection • An on-line debate among Steve Gillers, three practicing lawyers, and Freedman about professionalism, and whether a lawyer should take advantage of an adversary's mistake • A candid chapter on Counseling Clients, Coaching Witnesses, and Cross-Examining to Discredit the Truth

Spoliation of Evidence

Sanctions and Remedies for Destruction of Evidence in Civil Litigation

Author: Margaret M. Koesel,David A. Bell,Tracey L. Turnbull,Daniel F. Gourash

Publisher: American Bar Association

ISBN: 9781590316221

Category: Law

Page: 343

View: 1708

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This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.

Lawyers' professional responsibility in Australia and New Zealand

Author: Gino Evan Dal Pont

Publisher: Lawbook Co.

ISBN: N.A

Category: Law

Page: 524

View: 1245

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The objective of this text is to provide a convenient, accessible, practical & multi-jurisdictional account of the principles of professional responsibility. It attempts to explain the reasoning underlying these principles in order to assist students or lawyers to formulate a framework within which they may base their professional life. This text addresses the topics that form the basis for instruction of professional responsibility in legal practice courses in Australia & New Zealand. It is an excellent foundation text for such courses & is also a useful reference tool for practitioners.

Modern Litigation and Professional Responsibility Handbook

The Limits of Zealous Advocacy

Author: William H. Fortune,Richard H. Underwood,Edward J. Imwinkelried

Publisher: Aspen Publishers Online

ISBN: 9780735516281

Category: Law

Page: 785

View: 4747

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Find practical answers to hard questions about professional conduct -- and avoid wrong answers that could set back your firm -- with this authoritative guide to legal ethics. Drawing on statutes, standards, and actual cases, the authors show you how to: Evaluate tactics for possible ethical consequences -- Understand and comply with statutes, procedural rules, and standards of professional conduct while zealously representing your client -- Prevent your opponents from turning the rules to their own advantage You'll find concise, authoritative discussion of ethical problems that arise in such critical areas as: Investigation of claims -- Abuse of discovery -- Conflicts of interest -- Burdensome interrogatories -- Trial in the media -- VOIR DIRE and juror investigation -- Deposition tactics -- Special fee arrangements -- Settlement negotiations -- Withdrawal and client confidentiality -- Arguing false inferences based on inadmissible evidence -- Plus detailed attention to the special problems that arise in criminal defense, insurance defense, and class actions.

ABA Compendium of Professional Responsibility Rules and Standards

Author: Center for Professional Responsibility (American Bar Association)

Publisher: Amer Bar Assn

ISBN: 9781590316917

Category: Law

Page: 635

View: 5680

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The 2006 Compendium of Professional Responsibility Rules and Standards provides immediate reference to the essential legal ethics materials needed by lawyers and judges in their daily practice, law students in their exploration of the standards of their new profession, and legal scholars in their analysis of the changing currents that influence professional regulation. This single volume includes: ABA Model Rules of Professional Conduct, 2006 Edition, the ABA Model Code of Professional Responsibility, and the ABA Model Code of Judicial Conduct. In addition, the Compendium includes various Formal Ethics Opinions issued by the ABA Standing Committee on Ethics and Professional Responsibility, sample questions and analysis for the MPRE, the status of the adoption of the Model Rules of Professional Conduct and other rules, regulations and document that will assist lawyers and students.