ethics in the legal profession - Continuing Education Insurance.doc

TABLE OF CONTENTS
ETHICS IN THE LEGAL PROFESSION 1
CHAPTER ONE - PREFACE 1
DEFINITION OF “ETHICS” 1
RULES OF PROFESSIONAL CONDUCT 2
TYPES OF ETHICS OPINIONS 2
DETERMINE THE OPTIONS 3
THE LAWYER’S RESPONSIBILITIES 3
THE BAR ASSOCIATION 4
ABA REPORT MITTEE ON CODE OF PROFESSIONAL ETHICS 5
Reasons for the Code 7
ETHICAL THEORIES 8
DETERMINING ACTION IN LIGHT OF THE CONSEQUENCES OF THE ACT 9
Acting only from Desire 9
ETHICS OF VIRTUE 10
Determining the Proper Action 10
DEALING WITH RIGHT OR WRONG 11
Personal Responsibility 11
SENSITIVE JUDGEMENT 12
The Morals of the Lawyer 13
INTEGRITY 13
Justification 14
BELIEFS LEARNED AS A CHILD 15
IS THIS GOOD FOR ME? 15
HOW DOES THE ACTION AFFECT SOCIETY? 16
IS IT FAIR, JUST AND PROPER? 16
IS THERE A RIGHTS VIOLATION INVOLVED? 16
HAS THERE BEEN A PROMISE MADE? 17
IGNORANCE IS BLISS? 18
OR GREED? 18
CHARACTER 19
QUANDARIES 20
TRYING TO RESOLVE DILEMMAS 20
Collect pertinent information 20
Discover all of the players 21
Determine the Options 21
Estimate the Effect of the Options 21
ETHICAL BEHAVIOR 21
Moral Behavior 22
EQUITY 23
CHAPTER 1 STUDY QUESTIONS 24
CHAPTER TWO – ADVERSARY THEORUM 26
OBJECTIONS TO THE ADVERSARIAL SYSTEM 27
CONFLICTS BETWEEN CLIENT OBLIGATIONS AND OBLIGATIONS TO OTHERS 28
LEGAL FICTION 29
ZEALOUS ADVOCACY - REPRESENTING A GUILTY PARTY 30
SANCTIONS AGAINST ABUSE OF THE ADVERSARY SYSTEM 34
CONFIDENTIALITY 35
Authorized disclosure 37
Disclosure adverse to client 37
Withdrawal 38
Waivers of Privilege 38
THE CRIME-FRAUD EXCEPTION 39
PRECEDENCE OF PROTECTING THE GUILTY OVER CONVICTING THE GUILTY 40
CHAPTER 2 STUDY QUESTIONS 43
CHAPTER THREE – DISCOVERY & ATTORNEY-CLIENT RELATIONS 45
DISCOVERY 45
LEGAL TACTICS USED DURING DISCOVERY 47
BILLABLE HOURS 49
Division of fee 51
Disputes over fees 51
Referral fees and practices 51
ATTORNEY-CLIENT RELATIONSHIP 51
ANIZATIONAL CLIENTS 51
ABA MODEL RULE (D) 52
UPJOHN v. UNITED STATES 53
IF A CORPORATE CLIENT RE