Dzienkowski and Burton's Ethical Dilemmas in the Practice of Law: Case Studies and Problems

By John S. Dzienkowski, Amon Burton

ISBN-13: 9780314150349

Availability: In Stock

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Series: American Casebook Series

Brand: West Law School

Pages: 392

Components: 1 Print

Shelf Space: 1 in.

Free Update Period: 90 days

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Description

This book of case studies and problems brings real ethical dilemmas in legal practice to life. These case studies are created from actual ethical problems that have arisen in malpractice cases, state bar grievances, motions to disqualify counsel, or other claims against lawyers. The text uses 12 short case studies to present material in the topics of attorney-client relationships, confidentiality, conflicts of interests, candor to the court, and attorney-client fee agreements. Each case study contains a short statement of the facts and is followed by different types of source materials, such as motions, depositions, affidavits, e-mails, and engagement letters.

Features

Summary Of Contents

Preface
Chapter I. Attorney-Client Relationships
1. Representing Investors in Business Transactions
  - Case Study: The Japanese Investors
    1. Narrative
    2. Documents
    3. Questions for Japanese Investors' Case
2. Authorities on Attorney-Client Relationships
3. Representing Corporations in Planning for Takeover Defenses
  - Case Study: The Murray Ohio Tender Offer
    1. Background
    2. Documents
    3. Questions for Murray Ohio Tender Offer
4. Who is the Client When a Lawyer Forms an Entity
  - Case Study: Motion to Disqualify Spouse's Law Firm in a Divorce
    1. Background
    2. Documents
    3. Questions on Motion to Disqualify
5. Authorities on Client Identity When Forming an Entity
6. Questions on Client Identity When Forming an Entity
Chapter II. Confidentiality
1. Duty of Confidentiality and the Attorney-Client Privilege
  - Case Study: Missing Baby and the Map
    1. Introduction
    2. Documents
    3. Response by Sherriff Keel and Public Reaction
    4. Court Hearing on Turning Over the Maps
    5. Questions on the Missing Baby and the Maps
    6. Postscript
2. Authorities Relating to Disclosure of the Maps
3. Revealing Adverse Information in Civil Litigation
  - The Spaulding Dilemma
    1. Introduction
    2. The Spaulding Opinion
    3. Questions on the Spaulding Dilemma
4. Duty of Confidentiality When Representing Multiple Clients
  - Case Study: Secretly Changing Joint Wills
    1. Narrative
    2. Documents
    3. Questions on Confidentiality When Representing Multiple Clients
5. Authorities on Confidentiality When Representing Multiple Clients
Chapter III. Special Issues in Conflicts of Interest
1. Advanced Consent to Future Conflicts of Interest
  - Case Study: The Boutique Law Firm
    1. Narrative
    2. Documents
    3. Questions on Whether Advanced Consent is Effective
2. Authorities on Advanced Client Consent Issue
3. Suing a Party to a Joint Defense Agreement
  - Case Study: Motion to Disqualify Baker & Botts in National Medical Enterprises Case
    1. Narrative
    2. Documents
    3. Texas Supreme Court's Opinion in NME Case
    4. Questions on National Medical Enterprises Case
4. Joint Representation in Forming a Closely Held Entity
  - Case Study: Fort Davis Vineyards
    1. Background
    2. Sample Annotated Consent Letter
    3. Questions on Forming Closely Held Entity
5. Authorities on Joint Representation in Forming Closely Held Business Entity
6. Investing in a Client's Business: Business Transactions With Clients
  - Case Study: Trading Legal Services for Client Stock
    1. Background
    2. Two Sample Engagement Letters That Address a Law Firm's Investment in Client's Business
    3. Questions on Investing in Client's Business
7. Authorities on Investing in a Client's Business
Chapter IV. Candor to the Court
1. Withholding Information in a Divorce
  - Case Study: A Change of Heart
    1. Background
    2. Documents
    3. Questions for the Change of Heart Case Study
2. Authorities for Boundaries on Advocacy
3. Obstruction of Justice in Litigation
  - Case Study: The Criminal Trial of Arthur Andersen, LLP
    1. Narrative
    2. Documents
    3. Questions About the Trial of Arthur Andersen
4. Postscript: The Supreme Court's Decision in Arthur Andersen
Chapter V. Fee Agreements
1. Fee Dispute in Divorce Representation
  - Case Study: Fee Agreement in Case Challenging a Prenuptial Agreement
    1. Narrative
    2. Documents
    3. Questions on Albers & Green's Fee Arrangement
2. Authorities Relevant to Albers & Green's Fee Arrangement
3. Example of Contingent Fee Agreement in a Personal Injury Representation
4. Questions Regarding Personal Injury Fee Agreement
5. Example of Contingent Fee Agreement for Commercial Litigation
6. Questions on Commercial Litigation Fee Agreement
7. Engagement Letter for Trademark Representation
8. Questions Regarding Trademark Fee Arrangement