Modern Litigation and Professional Responsibility Handbook: The Limits of Zealous Advocacy, Second Edition

September 29, 2015 @ 11:03 pm

Modern Litigation and Professional Responsibility Handbook: The Limits of Zealous Advocacy, Second Edition

William H. Fortune

Language: English

Pages: 736

ISBN: 0735516286

Format: PDF / Kindle (mobi) / ePub


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.

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    generally Mallen and Smith, supra §1.3 note 2, ch. 2. 21n Flatt v. Superior Court (Daniel), (Cal. Dec. 28, 1994), 10 ABA/BNA Current Reports 408 (Jan. 11, 1995), the California Supreme Court held that there is no duty to advise a potential client of the statute of limitations when the claim is against a present client of the firm; the duty to the present client prevails. 3291 N.W.2d 686 (Minn. 1980). §1.8.2 'Mallen and Smith, supra §1.3 note 2, §2.20; see also]. Smith, Preventing Legal

    judgment in the performance of his professional services .... " 3See §3.5. 4See §3.4.4. 5See, e.g., D. Mellinkoff, The Conscience of a Lawyer 138 (1973). 6F. Bennion, Professional Ethics 70-80 (Gr. Brit. 1969). 7People v. Kor, 129 Cal. App. 2d 436, 447,277 P.2d 94, 101 (1954). It should be noted that this view, like Lord Brougham's, may be something of an overstatement. See DR 4-10 I(C)(2) (disclosure pursuant to court order). USee§3.5.2. 9See §3.6. IOSee§3.6.4. See also Restatement of the Law

    recognizing the significance of pressures exerted by nonclients. It would be useful to have some sort of guidelines for identifying "significant others" whose interests in the lawyer's work might give rise to conflicts of interest. These and other preliminary problems are addressed in the following sections. §3.4.1 Identifying the Client Lawyers are constantly called upon to represent organizations or entities, particularly corporations and government agencies. Such entities can exist and

    ABA Informal Opinion 1495 (1982) suggests that the difference in language is not significant. Monroe Freedman argues that it should not be, and that for consent to be effective under either standard "the lawyer must reasonably believe that the client has fully understood the implications of the conflict and that the representation, as limited [compare Rule 1.2(c)], will not be adversely affected by the conflict in any way that has not been consented to by the client." M. Freedman, Understanding

    reasonably necessary for the representation." This definition of competence requires the litigator to have a working knowledge of the substantive law pertinent to the client's problem" as well as the procedural law of the forum> or to discover such law through reasonable research." Second, the lawyer must possess and exercise the skills of advocacy, including the analysis of precedent," the discovery and analysis of evidence," the drafting of pleadings." and effective trial technique. JO Finally,

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