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| Preface | |
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| Table of Cases | |
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| Table of References to ABA Model Rules of Professional Conduct | |
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| Introduction to Legal Ethics | |
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| What This Chapter Covers | |
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| How to Use This Book | |
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| Short Form Citations | |
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| Purposes of This Book | |
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| "Ethics" and "Legal Ethics" | |
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| Reading Assignment | |
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| Discussion Problems | |
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| How to Use This Book | |
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| Short Form Citations | |
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| Purposes of This Book | |
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| "Ethics" and "Legal Ethics" | |
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| John Stuart Mill on Utilitarianism | |
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| James Rachels on Utilitarianism | |
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| Roots of the Golden Rule | |
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| Immanuel Kant on the Categorical Imperative | |
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| Onora O'Neill Commentary on Kant's Theory | |
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| Sources and Application of Legal Ethics Rules | |
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| What This Chapter Covers | |
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| The Organization of the Bar | |
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| Sources of Legal Ethics Rules | |
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| Lawyer Disciplinary Proceedings | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| The Organization of the Bar | |
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| Admission to Practice in the Courts of a State | |
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| In re DeBartolo | |
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| Admission to Practice in Other States and the Federal Courts | |
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| Lawyer Associations | |
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| Sources of Guidance on Legal Ethics | |
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| Discipline | |
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| In re Mountain | |
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| In re Holmay | |
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| Multiple Choice Questions | |
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| Beginning and Ending the Lawyer-Client Relationship | |
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| What This Chapter Covers | |
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| Beginning the Lawyer-Client Relationship | |
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| Ending the Lawyer-Client Relationship | |
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| Frivolous Claims | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Beginning the Lawyer-Client Relationship | |
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| The Attorney's Oath | |
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| Who Should Pay When the Client Cannot? | |
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| Bothwell v. Republic Tobacco Co. | |
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| Outlook for the Future | |
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| Ruskin v. Rodgers | |
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| Rosenberg v. Levin | |
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| Holmes v. Y.J.A. Realty Corp. | |
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| Kriegsman v. Kriegsman | |
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| Frivolous Claims | |
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| Multiple Choice Questions | |
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| Advertising and Solicitation | |
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| What This Chapter Covers | |
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| Historical Summary | |
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| Historical Summary, Continued | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Historical Summary | |
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| Bates v. State Bar of Arizona | |
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| Historical Summary, Continued | |
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| Florida Bar v. Went For It, Inc. | |
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| Multiple Choice Questions | |
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| Attorney Fees and Fiduciary Duties | |
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| What This Chapter Covers | |
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| Attorney Fees | |
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| Fiduciary Duties | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Robert L. Wheeler, Inc. v. Scott | |
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| ABA Formal Opinion 93-379 | |
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| The Billable Hours Treadmill | |
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| Questions and Answers About Contingent Fees | |
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| Loans to Clients | |
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| Client Trust Accounts | |
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| Multiple Choice Questions | |
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| Competence, Diligence, and Unauthorized Practice | |
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| What This Chapter Covers | |
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| Professional Discipline for Lack of Competence or Diligence | |
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| Liability for Malpractice | |
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| Unauthorized Practice and Other Relations with Non-Lawyers | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Legal Malpractice | |
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| The Ethics of Second-Rate Legal Service | |
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| Multi-Jurisdictional and Multi-Disciplinary Practice | |
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| Multiple Choice Questions | |
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| Confidential Information | |
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| What This Chapter Covers | |
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| Comparison of the Ethical Duty and the Attorney-Client Privilege | |
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| Exceptions to the Ethical Duty | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Washington v. Olwell | |
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| People v. Meredith | |
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| Exceptions to the Ethical Duty of Confidentiality | |
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| Multiple Choice Questions | |
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| Candor in Litigation | |
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| What This Chapter Covers | |
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| The Attorney's Duty of Candor in Litigation | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| The Trilemma: Trust, Confidentiality, and Candor | |
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| People v. Johnson | |
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| ABA Formal Opinion 93-376 | |
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| Multiple Choice Questions | |
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| Fairness in Litigation | |
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| What This Chapter Covers | |
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| The Attorney's Duty to Be Fair in Litigation | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Witness Coaching | |
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| Colorado Bar Association Opinion 70 | |
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| Public Comments About Pending Litigation | |
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| Matter of Vincenti | |
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| The Prosecutor's Special Duties | |
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| The Duties of the Criminal Defense Lawyer | |
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| Why I Defend Guilty Clients | |
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| Multiple Choice Questions | |
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| Bias in (and Out of) the Courtroom | |
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| What This Chapter Covers | |
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| Types of Bias Lawyers Face | |
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| Settings for Bias | |
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| How Can Bias Be Remedied? | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Introduction | |
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| The Effects of Gender in the Federal Courts: The Final Report of the Ninth Circuit Gender Bias Task Force | |
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| The Study of Gender in the Courts: Keeping Bias at Bay | |
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| What's Gender Got to Do With It? Incivility in the Federal Courts | |
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| What Judges Can Learn From Gender Bias Task Force Studies | |
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| Final Report of the Special Committee on Race and Ethnicity to the D.C. Circuit Task Force on Gender, Race, and Ethnic Bias | |
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| Symposium on Racial Bias in the Judicial System, Minnesota Supreme Court Task Force on Racial Bias in the Judicial System: Access to Representation and Interaction, and General Civil Process | |
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| In re Charges of Unprofessional Conduct Contained in Panel File 98-26 | |
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| In re Plaza Hotel Corporation | |
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| In re Vincenti | |
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| In re Kirby | |
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| Still Officers of the Court: Why the First Amandment Is no Bar to Challenging Racism, Sexism and Ethnic Bias in the Legal Profession | |
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| Multiple Choice Questions | |
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| Conflicts of Interest-Lawyers, Clients, and Third Parties | |
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| What This Chapter Covers | |
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| Respective Authority of Attorney and Client | |
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| Conflicts Created by Third Party Interference With the Attorney-Client Relationship | |
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| Conflicts between the Lawyer's Interests and the Client's Interests | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Allocating Decision-Making Between Lawyer and Client | |
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| Beckwith Machinery Co. v. Travelers Indemnity Co. | |
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| Geoffrey Hazard, Ethics in the Practice of Law | |
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| Phillips v. Carson | |
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| AAA Plumbing Pottery Corp. v. St. Paul Ins. Co. of Illinois | |
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| Multiple Choice Questions | |
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| Conflicts of Interest-Conflicts Between Two Clients | |
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| What This Chapter Covers | |
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| Conflicts Between the Interests of Two Clients | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| State Farm Mutual Automotive Ins. Co. v. K.A.W. | |
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| Haagen-Dazs Co., Inc. v. Perche No! Gelato, Inc. | |
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| Joint Representation | |
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| Imputed Disqualification and Screening | |
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| Multiple Choice Questions | |
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| Lawyers in Law Firms and Specialized Practice Areas | |
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| What This Chapter Covers | |
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| Lawyers as Group Practitioners | |
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| Lawyer as Employee | |
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| Specialized Lawyer Roles | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| American Lawyers in the year 2000: An Introduction | |
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| New Forms of Legal Practice | |
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| Law Firm Breakups | |
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| Law Firm Discipline | |
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| General Dynamics Corp. v. Superior Court | |
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| Lawyer as Problem-Solver | |
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| The Lawyer as Problem Solver and Third-Party Neutral: Creativity and Non-Partisanship in Lawyering | |
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| Multiple Choice Questions | |
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| Judicial Conduct | |
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| What This Chapter Covers | |
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| Standards of Conduct for Judicial Officers | |
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| Reading Assignment | |
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| Supplemental Reading | |
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| Discussion Problems | |
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| Judicial Standards and Discipline | |
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| McCullough v. Comm'n on Judicial Performance | |
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| Perpich v. Cleveland Cliffs Iron Co. | |
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| Judges, Politics, and Free Speech | |
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| Multiple Choice Questions | |
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| Answers to Multiple Choice Questions | |
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| Chapter Two | |
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| Chapter Three | |
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| Chapter Four | |
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| Chapter Five | |
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| Chapter Six | |
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| Chapter Seven | |
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| Chapter Eight | |
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| Chapter Nine | |
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| Chapter Ten | |
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| Chapter Eleven | |
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| Chapter Twelve | |
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| Chapter Thirteen | |
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| Chapter Fourteen | |
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| Index | |