Ethics for the Legal Profession 8th Edition by Deborah Orlik – Ebook PDF Instant Download/Delivery: 0133109924 , 9780133109924
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ISBN 10: 0133109924
ISBN 13: 9780133109924
Author: Deborah Orlik
This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Ethics for the Legal Professional, 8e by Deborah Orlik sets the standard for professional responsibility textbooks. Written for the paralegal, its upbeat tone encourages students to stay engaged in the reading. Margin “Challenge Assignments” invite students to research and apply their own state laws to common ethical problems. Video cases are available online and offer a contemporary approach to class discussion. Additional cases and vignettes fill each chapter and help students apply concepts to real situations. This edition includes more on online self-testing and research assignments, while referencing the latest case law for each of the 50 states. With its lively narrative and state-specific approach, this book tackles important ethical issues and builds marketable research and critical-thinking skills.
Ethics for the Legal Profession 8th Table of contents:
CHAPTER 1 Regulation of the Legal Profession
Why Are We Here?
What Are Lawyers?
What Kind of Education Is Required?
What Is the Bar Examination?
Is There a Moral Character Requirement?
What Else Is Required?
A Tax
An Oath
Proper Titles
Membership
Where Do Lawyer Ethics Rules Come From?
Early Canons
1960s Model Code of Professional Responsibility
Other Places Where You Can Find Ethics Rules
Finding the Law in My State
What Is the Authority of the ABA Models?
What Is the Authority of the State Supreme Court?
So, What Would a Disciplinary Action Against a Lawyer Look Like?
How Are Lawyers Disciplined?
What Are Paralegals?
National Association of Legal Assistants
National Federation of Paralegal Associations
NALS
American Association for Paralegal Education
U.S. Department of Labor
The Future
How Are Paralegals Regulated?
What Does It Mean to Be “Regulated By the Court”?
Have Paralegals Considered Self-Regulation?
What Other Choices Are Available for Regulating Paralegals?
Licensing
Certification
Registration
Title Schemes
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignments
Collaborative Assignments
Review Questions
Reich v. Page & Addison
Hu v. Fang
People v. Myers
In the News
Video Case Studies
CHAPTER 2 Unauthorized Practice of Law
What Is UPL?
Why Should the Practice of Law Be Limited to Lawyers?
Finding the Law in Your State
What Does History Say about UPL?
What Do the Modern Rules Say about UPL?
What Is It, Exactly, That Nonlawyers Cannot Do?
What Activities Look Like the Unauthorized Practice of Law but Aren’t?
The “Incidental to” Rule
What Is Definitely Not UPL because There Is No “Giving Legal Advice”?
What about Secretarial or Typing Services?
Are Kits and Books UPL?
What about Corporations?
Is Just Asking the Court for a Continuance UPL?
What’s So Bad about UPL, Anyway?
How Do Lawyers Help Others Commit UPL?
How Is Improper Supervision UPL?
And Improper Delegation Is UPL, Too?
How Is an Improper Business Relationship UPL?
What Is an Improper Division of Fees and How Is It UPL?
What about Multidisciplinary Practices? Don’t They Split Fees?
How Is Misrepresentation UPL?
How Are UPL Laws Enforced?
Penalties
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignments
Collaborative Assignments
Review Questions
South Carolina v. Despain
Cleveland Bar Assn. v. Pearlman
The Florida Bar v. Furman (Furman I)
The Florida Bar v. Furman (Furman II)
In the News
Video Case Studies
CHAPTER 3 Confidentiality
What’s the Big Deal about Confidentiality?
What Is “Confidential”?
How Long Does the Duty of Confidentiality Last?
How Can I Make Sure I Do My Duty?
What Confidential Information Can Be Divulged?
Exception 1: Doing Your Job
Exception 2: Need to Know
Exception 3: Express Waiver
Exception 4: Defending against Client Actions
Exception 5: Commission of a Crime
Exception 6: Preventing a Crime
Exception 7: Not “Client Information”
Exception 8 (May be): Seeking Help from Other Professionals Who Have a Duty of Confidentiality
What Are Some “Not Exceptions”?
How Has Technology Changed Confidentiality?
Cell Phones/Text Messages
Computers
Outsourcing and Offshoring
Computer Backup Systems
Documents
Client File Retention and Confidentiality?
What Is the Attorney/Client Privilege?
Attorney/Client Privilege Contrasted
Where Do the Two Concepts Overlap?
So, Then, What’s the Work Product Privilege?
Are There Any Exceptions to the Work Product Privilege?
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignments
Collaborative Assignments
Review Questions
Pellegrino v. Oppenheimer & Co.
Elkind v. Bennett
Insurance Co. of North America v. Superior Court
In the News
Video Case Studies
CHAPTER 4 Conflicts of Interest—The Duty of Loyalty
How Are Conflicts Created?
What Can the Freelance Paralegal Do to Avoid Conflicts of Interest
How Can My Personal Life Create Conflicts?
Overreaching or Fraud
Transaction in Good Faith
Witness
A Financial Interest in the Case
Buying a Claim Today
Gifts Create Conflicts
Publicity Rights Create Conflicts, Too
Protecting the Firm’s Interest
Your Other Interests Can Create Conflicts
How Can Relations with a Client Create Conflicts?
What Conflict Problems Arise Because of Outside Forces?
What Conflicts Are Created by Representing Multiple Clients?
Seller and Purchaser
Insured and Insurer
Husband and Wife
Debtor and Creditor
Representation of Corporations
Joint Representation of Criminal Defendants
What about Pro Bono Law Providers and Lawyer Referral Services? Do They Create Conflicts?
If I Have a Conflict of Interest, What’s Going to Happen?
Will My Entire Firm Be Disqualified?
Ethical Wall Theory
If the Clients’ Names Are Confidential, and Their Confidential Information Creates Conflicts, How
If I Want to Get a Waiver, Who Has to Waive What?
If a Conflict Walks in the Door, What Should I Do?
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignment
Collaborative Assignments
Review Questions
In re Complex Asbestos Litigation
Johnson v. Continental Casualty Co.
In the News
Video Case Studies
CHAPTER 5 Advertising and Solicitation
Why Do Law Firms Advertise?
The First Amendment
First Amendment Regulated
How Has Technology Changed the Rules of Advertising?
Can Paralegals Advertise?
How Can I Find the Law On Advertising in My State?
What Is Solicitation?
Improper Solicitation
Solicitation That Is Permitted
What Is Direct Mail?
Can We Pay Someone for Referring a Case or Client to Us?
What Is “Access to Justice”?
The Unpopular Client
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignments
Collaborative Assignments
Review Questions
Gideon v. Wainwright
Ohralik v. Ohio State Bar Association
In the News
CHAPTER 6 Fair Fees and Client Trust Accounts
How Do We Begin the Relationship with a Client?
What Are the Different Types of Fee Agreements?
Contingency Fees
Hourly Billing
Other Billing Methods
What Should Be in the Fee Agreement?
What Should Not Be in the Fee Agreement?
What Is a Retainer?
How Does a Law Firm Get Paid?
What Does It Mean to Unbundle Legal Services?
How Do We Get Fees from the Other Side in Litigation?
Are Paralegal Fees Awardable?
What Is an Inappropriate Fee?
What Should the Fee Agreement Say about Client Files and Fees?
What Are the Advantages of Pro Bono Service?
How Does a Client Trust Account Work?
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignments
Collaborative Assignments
Review Questions
Brown v. Legal Foundation of Washington
Blair v. Ing
Mullens v. Hansel-Henderson
In the News
Video Case Studies
CHAPTER 7 Competence and Negligence
How Is Competence Measured for the Lawyer?
What Is “Mental Competence”?
How Is Negligent Disregard for the Client Different?
What Are Some Dangers of Negligent Supervision?
What Does It Mean to Be a Specialist?
What Negligence Issues Arise in Unbundled Services?
What Are Some Defenses to a Negligence Claim?
What Is the Statute of Limitations in Negligence Actions?
Who Can Sue for Professional Negligence?
Is There a Danger of “Negligent Referral”?
Who Will Be Responsible for the Lawyer’s Negligence?
How Do These Rules Apply to the Paralegal?
What Are Some Specific Acts or Omissions as Negligence?
What Is Professional Liability Insurance, and Can I Get It?
What’s the Best Way to Avoid Professional Negligence?
How Can I Find the Law in My State?
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignments
Collaborative Assignment
Review Questions
Latham v. Castillo
Tegman v. Accident & Medical Investigations, Inc.
In the News
CHAPTER 8 The Duty of Diligent Representation
What Does Diligent Representation Mean?
Honest Communication with the Client
Where Is That “Boundary of the Law”?
Suppressing Evidence
Fabricating Evidence
What Is the Penalty for Creating or Preserving False Evidence?
What Is Spoliation of Evidence?
How Are We Accidentally Deceitful?
What Is Material?
How Are We Deceitful in Discovery?
What Is Pretexting, and Why Is It Impermissible?
How Can I Avoid Being Told to Be Deceitful?
Is It Improper to Investigate Jurors?
Is It Improper to Talk to the Press?
How About Overpaying Expert Witnesses?
Or Giving Gifts to Judges?
Is There a Law That Says I Have to Be Nice to Opposing Counsel?
What Duties Do I Have to the Court and Judicial System?
What’s So Bad About a Loophole?
What Makes a Claim Frivolous?
How Bad Is It to Encourage or Aid a Client to Break the Law?
How Is a Prosecutor Different?
What Exactly Is an Ex Parte Communication, and Why Is It Bad?
How Can I Find the Law in My State?
Summary
Chapter Review and Assignments
Key Terms
Critical Thinking
Assignments
Collaborative Assignments
Review Questions
Easton Sports, Inc. v. Warrior LaCrosse, Inc.
Midwest Motor Sports v. Arctic Sales, Inc.
In the News
Video Case Studies
CHAPTER 9 The Umbrella Duty of Integrity
What Does the Duty of Integrity Look Like?
Is There a Duty to Report the Misconduct of Others?
Does the Judge Have to Report Lawyer Misconduct?
Does Opposing Counsel Have to Report Lawyer Misconduct?
Do We Have to Report the Misconduct of Others in Our Law Firm?
Do I Have to Report My Own Misconduct?
Can I Just Threaten to Report Misconduct?
How Does the Duty of Integrity Apply to Paralegals?
Who Are the Appropriate Authorities?
Is There a Duty to Make the Law Better?
What Sorts of “General Misconduct” Are Prohibited?
What Is Involved in Protecting the Public Trust?
Summary
Chapter Review and Assignments
Critical Thinking
Assignments
Collaborative Assignments
Review Questions
In re Landry
In the News
Video Case Study
Appendix A: NALA Code of Ethics and Professional Responsibility
Appendix B: NALS Code of Ethics
Appendix C: National Federation of Paralegal Associations, Inc. Model Code of Ethics and Professiona
Appendix D: Rules of Professional Conduct
Appendix E: ABA Model to California Rule Translation
End Notes
Case Index
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Tags: Deborah Orlik, Legal Profession, Ethics