Product Description
Overview of Major Topics Covered:
Introduction; Admission to the Practice of Law; State Admission to Practice; Federal Admission; Practicing Law Out of State; Unauthorized Practice of Law; Consequences of Unauthorized Practice; Defining Unauthorized Practice-Factors; Law Persons Offering Quasi-Legal Services; Non-Law Business Offering Legal Services; Ancillary Business Practices of Law Firms; Multi-Disciplinary Practice of Law; Regulation of Advertising; Background of Bates, Ohralik and Primus; Solicitation vs. Advertising; False and Misleading Statements; Advertising of Specialties; Firm Name; Soliciting Government Clients; Identifying the Client, Representing Entity Clients and Representing Clients Under a Disability; Who Is the Client?; Representing Clients Under a Disability; Representing Entity Clients; Employment Arrangements and Fee Arrangements; Scope of Employment; Fee Agreements; Handling Client Funds; Obligations of an Agent, Trustee and Fiduciary; Model Rule 1.15; Duty of Confidentiality and Attorney-Client Privilege; Ethical Duty of Confidentiality; Attorney-Client Privilege; Client Fraud in the Non-Litigation Context; Lawyer Involvement in Client Fraud; Lawyers Representing Entities; Current Client Conflicts; Structure of the Conflicts of Interest Rule; Doctrine of Imputed Disqualification; Prohibited Transactions—Rule 1.8; Directly Adverse Conflicts; Materiality Limited Conflicts; Multiple Client Representation and Intermediation; Former Client Conflicts; Disclosure and Use of Former Client Information; Suing Former Clients; Lawyers Switching Firms; Firm Lawyers Leaving Firm; Conflicts Involving Government Clients; Background to the Special Rule; Screening; Definition of Matters; Revolving Door—Government and Private Practice; Judges, Arbitrators and Other Personnel; The Advocate Witness Rule; Policies Underlying the Rule; Exceptions; Previous Claims and Cases; Ethical Rule—MR 3.1; Federal Rule of Civil Procedure Rule 11; Representing Clients in Litigation; Duty of Diligence; Duty of Candor to the Court; General Rules of Litigation; Interference with Judges and Juries; Non-adjudicative Proceedings; Special Issues Involving Prosecutors; Dealing with the Right of Third Persons—Rule 4; Withdrawing from a Representation; Mandatory Withdrawal; Permissive Withdrawal; Continuing Duties; Special Issues Involving Public Interest; Obligations of Pro Bono Service; Conflicts with Public Interest Activities; State Discipline Systems and Regulation of Lawyers; Who Must Follow Ethics Rules—5.1, 5.2, 5.3; Which Rule Applies—8.5; Obligation to Report; Procedures and Sanctions; Civil Liability and Criminal Liability; Civil Liability; Criminal Liability; Judicial Ethics; Canon 1; Canon 2; Canon 3; Canon 4; Canon 5
About the Professor:
Professor John S. Dzienkowski holds the John Redditt Professorship in State & Local Government at the University of Texas School of Law. He is a summa cum laude graduate of the University of Miami with a Bachelor of Business Administration and a high honors graduate of the University of Texas School of Law. While in law school, he served as the Editor-in-Chief of the Texas Law Review and received the honors of a member in the UT Chancellors and the Order of the Coif. Professor Dzienkowski began his teaching career at Tulane Law School and joined the University of Texas School of Law faculty in 1988. He was a visiting professor at the George Washington University School of Law in 1992–1993 and at Cornell Law School in 1995. In Spring 2002, Professor Dzienkowski taught at the University of Florida Levin College of Law as the Hurst Eminent Visiting Scholar, and in Fall 2002, he taught at the University of Alabama School of Law as the Francis Hare visiting Chair in Tort Law. Professor Dzienkowski teaches and writes in the areas of professional responsibility of lawyers, real property, international energy transactions and oil and gas taxation. He is widely regarded as one of the most dynamic and effective speakers on the topic of professional responsibility and he has delivered almost one-hundred ethics presentations to in-house corporate departments, large and small law firms, state bar continuing legal education programs, and law faculties throughout the country.