Fair Fight : Legal Ethics for Litigators / Lawrence J. Fox and Susan R. Martyn.

Format:

Book

Author/Creator:

Fox, Lawrence J., 1943- author.

Martyn, Susan R., 1947- author.

Language:

English

Subjects (All):

Legal ethics--United States.

Legal ethics.

Trial practice--United States.

Trial practice.

Physical Description:

1 online resource (441 pages)

Edition:

;2020-07.

Place of Publication:

Cleveland : American Bar Association, 2020.

Chicago, Illinois : American Bar Association, [2020]

Summary:

This book covers trial lawyer ethics and topics common to all representations.

Contents:

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

LinkedIn

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.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-64105-569-3

OCLC:

1262371809