Law Arbitration / Mediation / Litigation

Modern Litigation and Professional Responsibility Handbook: The Limits of Zealous Advocacy, 2nd Edition

Edited by William H. Fortune · Richard H. Underwood · Edward J. Imwinkelried
Wolters Kluwer Legal & Regulatory U.S.

Specifications

ISBN-13
10045420-7777
Publisher
Wolters Kluwer Legal & Regulatory U.S.
Format
Hardback , 736 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

Find practical answers to hard questions about professional conduct -- and avoid wrong answers that could set back your firm -- with this authoritative guide to legal ethics. Drawing on statutes, standards, and actual cases, the authors show you how to:

  • Evaluate tactics for possible ethical consequences
  • Understand and comply with statutes, procedural rules, and standards of professional conduct while zealously representing your client
  • Prevent your opponents from turning the rules to their own advantage

You'll find concise, authoritative discussion of ethical problems that arise in such critical areas as:

  • Investigation of claims
  • Abuse of discovery
  • Conflicts of interest
  • Burdensome interrogatories
  • Trial in the media
  • Voir dire and juror investigation
  • Deposition tactics
  • Special fee arrangements
  • Settlement negotiations
  • Withdrawal and client confidentiality
  • Arguing false inferences based on inadmissible evidence, plus detailed attention to the special problems that arise in criminal defense, insurance defense, and class actions.

Table of Contents

  1. Part I: Proceedings Before Trial
  2. Commencing Litigation: Ethics and Accountability
  3. Commencing Litigation: Judicial Sanctions
  4. Conflicts of Interest
  5. The Advocate-Witness Problem
  6. Investigation
  7. Discovery
  8. Lawyers, Free Speech, and the Media
  9. Trial Tactics - Some Opening Moves
    Part II: The Trial
  10. Relations with Jurors
  11. The Direct Examiner
  12. The Cross-Examiner
  13. Closing Argument
    Part III: Special Problems
  14. Special Problems in the Criminal Defense
  15. Special Problems in Class Action
    Part IV: Some Final Matters
  16. Negotiation and Settlement
  17. Withdrawal
  18. Appeal
  19. Disciplines, the Court, and Ethics Committees
Table of Cases
Bibliography
Index of Errata
Index
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