
Fair Fight
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The practice of law can seem so simple, yet so daunting. The lawyer earns fees by representing clients, but is also subject to limits that can put the brakes on client representation. This is called "fighting fair," which requires zealous advocacy within the bounds of the law.
The law that governs the conduct of lawyers in litigation and elsewhere includes each jurisdiction's Rules of Professional Conduct, common law (such as agency and malpractice law), a few statutes (such as fee-shifting provisions), and court rules (such as Rules of Civil Procedure). A lawyer's license to practice, and income, depend on understanding of all these bodies of law, as adopted in each jurisdiction. Violation of a jurisdiction's Rules of Professional Conduct can result in professional discipline, with sanctions ranging from disbarment, suspension from practice, and fines to public and private reprimands.
This book covers both trial lawyer ethics and matters outside the courtroom. It covers topics common to all representations, such as obligations to clients and the limits of the law, and much of it addresses pleadings, answers, motion practice, depositions, settlement, and appeals.
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Content
- Intro
- Title Page
- Copyright Page
- Dedication
- Brief Contents
- Contents
- Preface
- Acknowledgments
- Author Biographies
- Part One: The Big Picture
- The Daunting Task
- Chapter 1: Five Steps to a Fair Fight
- § 1.01 Step One: Identify Your Client Obligations-The Six Cs
- § 1.02 Step Two: Clarify Your Fee
- § 1.03 Step Three: Attend to the Six Cs
- Client Identification
- Competence
- Control
- Communication
- Confidentiality
- Conflicts of Interest
- § 1.04 Step Four: Observe the Limits of the Law
- § 1.05 Step Five: Recognize Remedies
- § 1.06 Our Problem Approach
- Part Two: Who Is Your Client?
- Why Identifying Your Client Matters
- Chapter 2: Beginning a Client-Lawyer Relationship: Actual, Implied, and Prospective Clients
- § 2.01 Introduction: When Does It All Begin?
- § 2.02 Marketing
- Modern Marketing
- § 2.03 Engagement Agreements
- § 2.04 Crafting an Engagement Letter
- The Engagement Letter
- § 2.05 Engagement Letters: Wrap-Up
- § 2.06 Non-engagement Letters
- § 2.07 The Meaning of the Initial Meeting
- The Nonexistent Non-engagement Letter
- § 2.08 Implied Clients
- The Speech
- § 2.09 Social Meetings
- Casual Advice
- § 2.10 E-lawyering
- Website Advertising
- § 2.11 Prospective Clients
- Beauty Contests
- Chapter 3: Ending a Client-Lawyer Relationship: Former Clients
- § 3.01 Introduction: Completing a Representation
- § 3.02 Disengagement Letters
- § 3.03 Staying In or Getting Out
- Completing a Case
- § 3.04 What Do You Intend?
- The Ambiguous Disengagement Letter
- § 3.05 Keeping Confidences
- The Wrong Use
- § 3.06 Lawyers Changing Jobs
- Departing General Counsel
- Chapter 4: Court Appointments, Pro Bono, and Unpopular Clients
- § 4.01 Introduction: Clients Who Have Difficulty Finding a Lawyer
- § 4.02 Court Appointments in Criminal Cases
- The Obstinate Defendant
- § 4.03 Court Appointments in Civil Cases
- Appointed Pro Bono
- § 4.04 Pro Bono Clients
- The Legal Services Hotline
- § 4.05 Unpopular Clients
- But They Can Pay
- Chapter 5: Joint Clients
- § 5.01 Introduction: Joint Clients and Joint Loyalty
- § 5.02 Marriage Dissolution
- Prohibited Joint Clients
- § 5.03 Group or Aggregate Settlements
- The Homeowner's Settlement
- § 5.04 Accommodation Clients
- Accommodating the Client's Employee
- Prospective Waivers
- Confidential Information and Third-Party Payment
- § 5.05 Employer and Employee
- The Company Accident
- § 5.06 Co-plaintiffs
- All in the Family
- § 5.07 Common-Interest Arrangements
- Coerced Cooperation
- Chapter 6: Insurance Defense and Other Third-Party Funders
- § 6.01 Introduction: The Triangular Relationship
- § 6.02 Third-Party Funders
- Professional Independence?
- § 6.03 Insurers
- The Eternal Triangle
- § 6.04 Offers to Settle Within Policy Limits
- The Unreasonable Insurance Company
- § 6.05 Policy Defenses
- Learning Too Much
- Chapter 7: Entity and Government Clients
- § 7.01 Introduction: The Legal Fiction
- § 7.02 Close Corporations
- Who Is the Client, Really?
- § 7.03 Corporate Families
- Do I Have to Tell the Parent?
- § 7.04 Entity Client Depositions
- Accommodating the CEO, CFO, and the Board
- § 7.05 Identifying a Government Client
- The State or the Department?
- § 7.06 The Government Client
- § 7.07 Government Consent
- For Want of a Writing
- § 7.08 The Departing Government Lawyer
- Ordinary Former Lawyers?
- Chapter 8: Clients Who Morph
- § 8.01 Introduction: Clients Can Change
- § 8.02 Clients Who Die
- Disappearing Damages
- § 8.03 Clients with Diminished Capacity
- Getting Old
- § 8.04 Children
- Client Testimony Versus Client Best Interests
- § 8.05 Class Action Clients
- The Uncertified Class
- § 8.06 Companies That Fail
- Company Bankruptcy
- § 8.07 Changes in Management
- The New CEO
- Part Three: Representing Clients
- Lawyers and Clients: Fiduciary Duty
- Chapter 9: Fees, Glorious Fees
- § 9.01 Introduction: Reasonable Limitations on Fee Contracts
- § 9.02 Chart: Written Fee Agreements Requirements by State
- § 9.03 Reasonable Hourly Fees
- § 9.04 Calculating and Charging Hourly Fees
- The Honest Hour
- § 9.05 Disbursements
- Contract Lawyers as Profit Centers
- § 9.06 Reasonable Contingent Fees
- § 9.07 Contingent-Fee Look Backs
- 20-20 Hindsight
- § 9.08 Reverse Contingent Fees
- Avoiding the Billable Hour
- § 9.09 Reasonable Fixed Fees
- § 9.10 Limits on Fixed Fees
- Flat-Fee Insurance Defense
- § 9.11 Fee Splitting
- Earning That Referral Fee
- § 9.12 Changing Fee Agreements
- Owning the Store
- § 9.13 Fee Modification
- § 9.14 Lawyer Hindsight
- The Bad Deal
- § 9.15 Fees on Termination
- § 9.16 The Client's Power to Terminate
- Fired!
- § 9.17 Statutory Fee-Shifting Agreements
- Our Contract
- § 9.18 Court-Awarded Fee Enhancements
- No Good Deed Goes Unpunished
- § 9.19 Statutory Fees
- § 9.20 Class Action Fees
- The Justified Settlement
- Chapter 10: Competence
- § 10.01 Introduction: Why You Were Hired in the First Place
- § 10.02 Reasonable Competence
- Expanding Your Practice
- § 10.03 Reasonable Diligence
- Diligence: Not to Worry
- § 10.04 Chart: Legal Malpractice and Breach of Fiduciary Duty
- § 10.05 Obvious Errors
- § 10.06 Obvious Negligence
- Missing a Deadline
- § 10.07 How to Respond to Errors
- § 10.08 Chart: Lawyer Tort Liability to Nonclients
- § 10.09 Lawyer Liability to Third Persons
- Third-Party Obligations
- § 10.10 Third-Person Obligations: The Law of Deceit
- § 10.11 Third-Person Obligations When Opining
- The Opinion Boilerplate
- § 10.12 Lawyer Legal Accountability to Nonclients
- § 10.13 Third-Person Obligations When Representing Fiduciaries
- You Can Break the Contract
- Chapter 11: Control
- § 11.01 Introduction: Who's in Charge?
- § 11.02 Chart: Authority Between Client and Lawyer
- § 11.03 Client Control
- § 11.04 Settlement Authority
- Who Decides?
- § 11.05 Settlement Offers
- A Client's Change of Mind
- § 11.06 Aggregate Settlements
- The Union Members' Agreement
- § 11.07 Plea Bargains
- Buyer's Remorse
- § 11.08 Client Instructions
- Don't Talk to Mama
- § 11.09 Advance Consent
- Reasonable Settlement Agreements
- § 11.10 Negotiation Strategy
- What Does the Client Know?
- § 11.11 Lawyer Authority
- § 11.12 Lawyer or Client?
- Lawyer Accepts an Offer
- § 11.13 Exclusive Lawyer Control
- The Lawyer's Prerogative
- § 11.14 The Middle Ground: Client-Lawyer Consultation
- § 11.15 Litigation Strategy
- Who Knows Best?
- § 11.16 Limited Scope Agreements
- § 11.17 Insurance Defense Control
- Insurance Intermeddlers
- § 11.18 Chart: Lawyer's Authority to Act for Client
- Chapter 12: Communication
- § 12.01 Introduction: The Foundation of the Six Cs
- § 12.02 Informed Consent
- § 12.03 Informed Consent: When?
- Bad News
- § 12.04 Reasonable Consultation
- The Profitable Summary Judgment Motion
- § 12.05 Keeping the Client Reasonably Informed
- Client Consultation
- § 12.06 Reasonable Alternatives
- ADR
- § 12.07 Hiring Another Lawyer
- Hiring Reinforcements
- § 12.08 Chart: Eight Events That Trigger a Lawyer's Duty to Communicate with a Client
- Chapter 13: Confidentiality
- § 13.01 Introduction: The Never-Ending Obligation
- § 13.02 Chart: Source and Scope of Client Confidentiality Obligations
- § 13.03 Scope of the Confidentiality Protection
- § 13.04 Client Identity and Public Documents
- § 13.05 Client Information in Public Records
- Currying the Favor of the Press
- § 13.06 Client Identity and Client Matters
- The Law-Firm Website
- § 13.07 Using Confidential Information
- The Great Opportunity
- § 13.08 Advanced Waivers of Confidentiality
- Don't Bother the Client
- § 13.09 Informed Consent or Waiver?
- Confidentiality Waivers
- § 13.10 Chart: Confidentiality Duties to Current, Former, and Prospective Clients
- § 13.11 Confidentiality in Joint Representations
- Multiple Clients/Multiple Secrets/Former Clients
- § 13.12 Prospective Client Confidentiality
- The Juicy Tidbit from a Prospective Client
- § 13.13 Chart: Client Confidentiality Exceptions
- § 13.14 Confidentiality Exceptions
- Defending Yourself . . . Cleverly
- § 13.15 Confidentiality Exceptions: Threats of Substantial Bodily Harm or Death
- Client Threats
- § 13.16 Confidentiality Exceptions: Wrongful Conviction
- The Shoe Pinches
- § 13.17 Confidentiality Exceptions: Seeking Advice
- Getting Advice Outside Your Firm
- § 13.18 Confidentiality Exceptions: Lawyer Self-Defense
- The Turncoat Lawyer
- § 13.19 Confidentiality Exceptions: Law or Court Order
- Can You Trust the Trustee?
- § 13.20 Confidentiality Exceptions: Law or Court Order
- Is This a Tribunal?
- § 13.21 Confidentiality Exceptions: Law or Court OrderStaying Out of Jail
- Staying Out of Jail
- § 13.22 Rule 1.6 Exceptions to Client Confidentiality by State
- Chapter 14: Privilege and Work Product
- § 14.01 Introduction: The Privileges: Scope of the Protections
- § 14.02 Privileged Communications
- Privilege or Pretense
- § 14.03 Privileged Persons
- Sometimes You Don't Want Privilege
- The Consulted Accountant
- § 14.04 Employee Email
- It's Our Computer
- § 14.05 Privilege and Shareholders
- The Derivative Suit
- § 14.06 Creating Work Product
- The Investigation
- § 14.07 Work-Product Protection
- § 14.08 Investigations
- The Supervised Expert
- § 14.09 Ordinary and Opinion Work Product
- What Is Ordinary about Ordinary Work Product?
- § 14.10 Privilege and Work-Product Waivers
- Who Has the Right to Waive?
- § 14.11 Waiver by Sharing
- The Nosy Accountants
- § 14.12 Waiver by Reliance on Legal Advice
- Advice Regarding Advice
- § 14.13 Selective Waiver
- Beware Selective Waiver
- § 14.14 Lawyer's Authority to Waive the Client's Privilege
- Does Breaching Confidentiality Waive the Privilege?
- § 14.15 The Crime-Fraud Exception: Innocent Client
- Visiting the Sins of the Lawyer on the Client
- § 14.16 The Crime-Fraud Exception: Innocent Lawyer
- The Duped Lawyer
- § 14.17 The Crime-Fraud Exception: Ignoring Legal Advice
- Irresponsible Clients
- § 14.18 The Testamentary Exception
- Does the Privilege Die?
- Chapter 15: Conflicts of Interest
- § 15.01 Introduction: Your Loyalty Obligation
- § 15.02 Chart: Five Steps to Resolving Conflicts of Interest
- § 15.03 Conflicts-Control Systems
- § 15.04 Zero-Sum Situations
- Double the Clients, Double the Fun
- § 15.05 Continuing Obligation
- Prosecutorial Control
- § 15.06 Simultaneous Adverse Representation in Unrelated Matters
- Not Solving the Problem
- § 15.07 Losing a Client by Disqualification or Injunction
- § 15.08 Personal Injury Plaintiffs
- Father and Son
- § 15.09 Employer and Employee
- Investigating the Company Accident
- § 15.10 Entities and Affiliates
- Corporate Family Redux
- § 15.11 Entity-Created Conflicts
- The Client Merger
- § 15.12 The Corporate Family
- The Wholly Owned Subsidiary
- § 15.13 Insurance Defense
- Settling Within Limits
- § 15.14 Nonconsentable Conflicts
- Suing Your Current Client
- § 15.15 Business Transactions with Clients
- Timely Business
- § 15.16 Personal Conflicts and Undue Influence
- § 15.17 Media Rights
- Being Famous
- § 15.18 Financial Assistance
- The Client Needs Help: Can the Lawyer Do So?
- § 15.19 Outside Financial Assistance
- Litigation Funders-A Mixed Blessing
- § 15.20 Joint or Aggregate Settlements
- The Lawyer's Job
- § 15.21 The Equity of Fee Forfeiture
- § 15.22 Lawyer-Client Sexual Relationships
- Sex with Clients
- § 15.23 Related-Lawyer Conflicts
- Adam's Rib
- § 15.24 Issue Conflicts
- Inconsistent Legal Arguments
- § 15.25 Former Client Confidentiality Obligations
- Summer Associate Blues
- § 15.26 Conflicts and Confidentiality
- The Confidentiality Trap
- § 15.27 Former Client Conflicts
- Hiring the Former General Counsel
- § 15.28 Screening
- Screens: Not the Ones We Put Up in the Spring
- § 15.29 Prospective Client Screens
- Prospective Client Solutions . . . Maybe
- § 15.30 Chart: Comparison of Former Client, Former Government Client, and Former Adjudicator Conflict-of-Interest Provisions
- § 15.31 Government Lawyers
- The First Screens
- § 15.32 Screening Former Judges
- Judges, Arbitrators, and Mediators: Which One Does Not Belong?
- § 15.33 Side Switchers
- The Recent Addition
- § 15.34 Adequate Screens
- Is It Really Adequate?
- § 15.35 Checklist for Effective Screens
- § 15.36 Chart: State Rules of Professional Conduct Screening Provisions
- Part Four: The Limits of the Law
- When You Should or Must Say "No": Boundaries
- Chart: Sources of Legal Limits and Corresponding Model Rules
- Chapter 16: Getting Out: When You Must or May Withdraw from a Representation
- § 16.01 Introduction: Legal Grounds for Withdrawal
- § 16.02 Being Fired
- The Nerve
- § 16.03 Firing the Client
- The Profession's Dirty Little Secret
- § 16.04 Withdrawing from Litigation
- You Need the Judge
- § 16.05 Mandatory Withdrawal
- You Gotta Get Out
- § 16.06 Confidentiality and Successor Counsel
- Should We Alert Our Successor?
- § 16.07 Permissive Withdrawal
- Discretion to Desist
- § 16.08 Permissive Reasons
- No Reason at All
- § 16.09 Solving a Conflict by Withdrawal
- Taking Advantage of an Opportunity
- § 16.10 Client Fraud
- Not Sure
- § 16.11 Moral Repugnance
- A Lawyer's Dismay
- § 16.12 Unpaid Fees
- Booting the Deadbeat
- Chapter 17: Supervisory and Supervised Lawyers
- § 17.01 Introduction: When to Defer to Another Lawyer's Judgment
- § 17.02 Subordinate and Supervisory Lawyers
- Juniors and Seniors
- § 17.03 Supervisory and Subordinate Lawyers
- Trust the Juniors
- § 17.04 The Conciliatory Supervisor
- Trouble . . . Everywhere
- § 17.05 The Departing Associate
- The Mistaken Associate
- Chapter 18: Court Orders and Court Rules
- § 18.01 Introduction: The Power of a Court
- § 18.02 Court Orders
- Contempt
- § 18.03 Statutes of Limitation
- Going All Out for the Client
- § 18.04 Frivolous Lawsuits
- § 18.05 Procedure and Sanctions
- Assert Any Claim, Offer Any Defense?
- § 18.06 Procedure and Statutes of Limitations
- Procedural Rules: The Last-Minute Client
- § 18.07 Procedural Rules: Continuing Obligations
- § 18.08 The Power of Court Sanctions to Control Discovery
- § 18.09 Discovery Abuse
- § 18.10 Access to Privileged Information
- Informal Discovery
- § 18.11 Insider Disclosure
- Authority to Waive
- § 18.12 The Power of Disqualification
- Help Behind the Scenes
- Chapter 19: Crime and Fraud
- § 19.01 Introduction: The Criminal Law and Professional Obligation
- § 19.02 Crime
- Political Assistance
- § 19.03 Extortion
- The Appropriate Threat
- § 19.04 Criminal Aiding and Abetting
- Legitimate Advice
- § 19.05 Generally Applicable Law: Treasury Regulation 8300
- Obeying the Law
- § 19.06 Generally Applicable Law: Fair Debt Collection Practices Act
- Debt Collection
- § 19.07 Crime or Fraud
- The Good-Deed Crime
- § 19.08 The Law of Fraud and Professional Obligation
- § 19.09 Discovery Deception
- Facebook Discovery
- § 19.10 Fraud: Mistake of Law
- Other Side's Mistake
- § 19.11 Fraud: What Is a Tribunal?
- The Tax-Fraud Interview
- § 19.12 Fraud: Mistake of Fact
- Scrivener's Error
- § 19.13 Aiding and Abetting a Client Fraud
- Duties to Others
- Chapter 20: Bias
- § 20.01 Introduction: The Enduring Problem
- § 20.02 Bias
- The Courtroom Bully
- § 20.03 Bias and Immigration Status
- Using an Improper Advantage
- § 20.04 Bias in Jury Selection
- Getting the Jury We Want
- Part Five: Representing Clients Pretrial
- Legal Ethics in the Context of Pretrial Representation
- Chapter 21: The Investigation
- § 21.01 Introduction: The Ethics of Proper Investigation
- § 21.02 The Investigation
- Protecting the Privilege
- § 21.03 Interviewing Client Employees
- The Problematic Interview
- § 21.04 Privilege Waiver: Criminal Defense
- Settlement by Waiver
- § 21.05 Privilege Waiver: Civil Cases
- Insistent Auditors
- Chapter 22: Contacting Nonclients
- § 22.01 Introduction: Legal Regulation of Third-Person Contact
- § 22.02 Communication with Represented Persons
- What's a Settlement?
- § 22.03 Distinguishing Represented from Unrepresented PersonsFiring the Jerk
- Firing the Jerk
- Small Claims
- § 22.04 Client Communication with Represented Persons
- Unforwarded Settlement Offers
- § 22.05 Communication with Employees of Represented Entities
- Economical Discovery
- § 22.06 Communication with Former Employees of Represented Entities
- The Disgruntled Former Employee
- § 22.07 Authorized by Law Exception
- Government Lawyers
- Chapter 23: Discovery
- § 23.01 Introduction: Legal Regulation of Discovery Abuse
- § 23.02 Inadvertent Document Receipt
- Inadvertent Email
- § 23.03 Electronic Documents
- Regret at Leisure
- § 23.04 Destroyed Documents
- The Deleted Files
- Who Knew?
- § 23.05 Manufactured Documents
- What to Do?
- Getting It Right
- § 23.06 Privilege Logs
- Privilege Log Rolling
- § 23.07 Accuracy in Privilege Logs
- Just One Document
- Chapter 24: Dealing with Experts
- § 24.01 Introduction: The Importance of Experts
- § 24.02 The Dream Expert
- The Big Case
- § 24.03 Client Approval
- Do Not Forget the Client
- § 24.04 Finding the Best Expert
- Shopping for the Right Expert
- § 24.05 Vetting the Opinion
- Shopping for the Right Opinion
- § 24.06 Experts and Conflicts
- Hiring an Opposing Expert from a Different Pending Case
- § 24.07 Former-Employee Experts
- Hiring the Turncoat as an Expert
- § 24.08 Hiring the Other Side's Former-Prospective Expert
- The Undisclosed Consult
- § 24.09 Hiring All the Available Experts
- Disqualifying by Shopping
- § 24.10 Compensating Your Expert
- The Contingency Fee
- § 24.11 Influencing the Expert's Opinion
- Shaping Conclusions
- § 24.12 Ghostwriting the Expert's Report
- The Draft Disaster
- § 24.13 Preparing Your Expert
- Practice, Practice, Practice
- § 24.14 An Expert Who Is Also Your Client in Another Matter
- Squaring Off Against Your Client
- § 24.15 Contact with Opposing Experts
- Cozying Up to the Other Side's Expert
- § 24.16 Preventing Contact Between Your Expert and Opposing Counsel
- Preventing Cozying Up to Opposing Counsel
- Chapter 25: Negotiations and Settlement
- § 25.01 Introduction: Negotiation Ethics
- § 25.02 Duty to Correct
- Correcting Mistakes
- § 25.03 Defining Material Fact
- Puffing
- § 25.04 The Client's Right to Settle
- Settlement Negotiations
- § 25.05 Disclosing Offers
- Touching Base
- § 25.06 Offer Accepted Without Authority
- Surprised Lawyer, Surprised Client
- § 25.07 Client Direction Not to Discuss Settlement
- No Authority . . . Again
- § 25.08 Confidentiality in Settlement
- Disclosing the Offer
- § 25.09 Admissions During Settlement Discussions
- The Apology
- § 25.10 Mistakes of Fact
- Dangerous Fact Mistake
- § 25.11 Mistakes of Law
- The Incompetent Opposing Lawyer
- § 25.12 Aggregate Settlements
- The Smart Advance
- § 25.13 Plea Bargains
- The Exploding Offer
- § 25.14 Settlements in Divorce and Dissolution of Marriage
- Collaborative Law
- § 25.15 Agreements to Limit Future Practice
- The Buyout
- § 25.16 Revoking Settlement Authority
- Unreliable Clients
- § 25.17 Offering Settlement Advice
- Should Anyone Care What Lawyers Think?
- § 25.18 Disparaging Clients as Settlement Strategy
- Don't Tell My Clients
- § 25.19 Secret Settlements
- Public Disclosure Versus Private Gain
- Part Six: Representing Clients at Trial
- The Lawyer's Role at Trial
- Chapter 26: Candor to the Tribunal: Frivolous Claims, Expediting Litigation, and Disclosure Obligations
- § 26.01 Introduction: The Wide Scope of Litigation Candor
- § 26.02 Entering an Appearance
- Who Is My Client?
- § 26.03 Obligation to Disclose Adverse Legal Authority
- The Uncited Case
- § 26.04 Obligation to Disclose Adverse Facts
- The Misinformed Judge
- § 26.05 Obligation to Disclose a Client's Death
- The Lost Client
- § 26.06 Limited Appearances
- Ghostwriting
- § 26.07 Improper Limitations
- No Good Deed
- § 26.08 Obligation to Disclose Undiscovered Witnesses
- The Mystery Man
- § 26.09 Witness Preparation
- Refreshing Memory
- § 26.10 Witness Inducements
- Expensive Testimony
- § 26.11 Candor to the Judge
- The Forced Mediation
- § 26.12 Candor about Later-Discovered Fact
- The Prevaricating Proctologist
- § 26.13 Lying in a Deposition
- Recent Memory
- § 26.14 Obligation to Correct Crime or Fraud
- Reasonable Remedial Measures
- § 26.15 Documenting Testimony
- Creative Writing
- Chapter 27: Tribunal Impartiality: Fairness, Ex Parte Contact, Publicity, and Lawyer as Witness
- § 27.01 Introduction: Tribunal Impartiality
- § 27.02 Access to Evidence
- The Draft Document
- § 27.03 Court Orders
- Too Clever by Half
- § 27.04 Court Orders: Confidentiality
- Settlement Agreement
- § 27.05 Witness Incentives
- Meeting Demands
- § 27.06 Ex Parte Contact with Judges and Jurors
- § 27.07 Ex Parte Contact with Courts
- The Emergency TRO
- § 27.08 Ex Parte Contact with Jurors
- The Postmortem
- § 27.09 Trial Publicity
- Winning on the Evening News
- § 27.10 Lawyer as Witness
- Lawyer for Everything
- § 27.11 Lawyer as Unanticipated Witness
- Lawyer Testifying at the Last Minute
- § 27.12 Closing Arguments
- Caring Too Much
- Chapter 28: Appeals
- § 28.01 Introduction: Ethics in Appellate Practice
- § 28.02 Appellate Fees
- Scope of the Representation
- The Ingrate Client
- § 28.03 Conflicts of Interest
- Material Limitation
- Thrust-Upon Grief
- All for One and
- We Have Met the Enemy and
- § 28.04 Frivolous Appeals
- It Never Occurred to Me
- Client Direction
- The Merits
- § 28.05 Candor to the Court
- Pro Bono Ghosts
- It's the Principle
- Defeat from the Jaws of Victory
- § 28.06 Candor in Brief Writing: Legal Authority
- Do We Have To?
- Chapter 29: Judicial Ethics for Lawyers
- § 29.01 Introduction: The Importance of Judicial Ethics for Lawyers
- § 29.02 Judicial Competence and Diligence
- The Duty to Sit
- § 29.03 Judicial Mediation
- Coerced Mediation
- § 29.04 The Judge's Responsibility
- § 29.05 Judicial Bias
- Manifest Bias
- § 29.06 Impartiality and Fairness
- § 29.07 Ex Parte Communications
- The Perfect Opportunity
- § 29.08 Avoiding and Curing Improper Ex Parte Communications
- § 29.09 Judicial Disqualification and Recusal
- The High School Classmate
- § 29.10 Public Statements
- A Previous Commitment
- § 29.11 Impropriety and the Appearance of Impropriety
- § 29.12 Judicial Campaigns
- The Campaign Influence
- § 29.13 Judicial Selection
- The Successful Campaign
- § 29.14 Judicial Campaigns and Judicial Speech
- Part Seven: The Big Picture Redux
- Zealous Representation Within the Bounds of the Law
- Chapter 30: Fair Fight: Legal Ethics for Litigators
- § 30.01 Introduction: Fighting Fair as an Ethical Litigator (Chapter 1)
- § 30.02 Who Is Your Client? The First of Six Cs (Chapters 2-8)
- § 30.03 When You Agree to Represent a Client: Fees and the Other Five Cs (Chapters 9-15)
- § 30.04 The Limits of Your Advocacy (Chapters 16-20)
- § 30.05 Client Representation and the Limits of the Law in Litigation (Chapters 21-29)
- § 30.06 So What?
- Table of Authorities
- Index
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