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  1. Home
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  3. The Law Governing Lawyers
Home The Law Governing Lawyers
  1. Publications
Restatement of the Law Third,

The Law Governing Lawyers

This work addresses the professional, legal, and moral constraints that regulate lawyers. It covers the responsibilities of attorneys as representatives of clients, officers of the legal system, and public citizens having special responsibilities for the quality of justice. 

Reporter:
Charles W. Wolfram, Cornell Law School, Ithaca, NY
Associate Reporters:
John Leubsdorf, Rutgers University Law School, Newark, NJ
Thomas D. Morgan, George Washington University Law School, Washington, DC
Linda S. Mullenix, University of Texas School of Law, Austin, TX [from 1989 to 1993] 


Summary of Contents

Volume 1

Foreword

Reporters' Preface

Introduction

Chapter 1. Regulation of the Legal Profession
  Topic 1. Regulation of Lawyers—In General
  Topic 2. Process of Professional Regulation
    Title A. Admission to Practice Law
    Title B. Authorized and Unauthorized Practice
    Title C. Professional Discipline
  Topic 3. Civil Judicial Remedies in General
  Topic 4. Lawyer Criminal Offenses
  Topic 5. Law-Firm Structure and Operation
    Title A. Association of Lawyers in Law Organizations
    Title B. Limitations on Nonlawyer Involvement in a Law Firm
    Title C. Supervision of Lawyers and Nonlawyers Within an Organization
    Title D. Restrictions on the Right to Practice Law

Chapter 2. The Client-Lawyer Relationship
  Topic 1. Creating a Client-Lawyer Relationship
  Topic 2. Summary of the Duties Under a Client-Lawyer Relationship
  Topic 3. Authority to Make Decisions
  Topic 4. A Lawyer’s Authority to Act for a Client
  Topic 5. Ending a Client-Lawyer Relationship

Chapter 3. Client and Lawyer: The Financial and Property Relationship
  Topic 1. Legal Controls on Attorney Fees
  Topic 2. A Lawyer’s Claim to Compensation
  Topic 3. Fee-Collection Procedures
  Topic 4. Property and Documents of Clients and Others
  Topic 5. Fee-Splitting with a Lawyer not in the Same Firm

Chapter 4. Lawyer Civil Liability
  Topic 1. Liability for Professional Negligence and Breach of Fiduciary Duty
  Topic 2. Other Civil Liability
  Topic 3. Vicarious Liability

Chapter 5. Confidential Client Information
  Topic 1. Confidentiality Responsibilities of Lawyers
    Title A. A Lawyer’s Confidentiality Duties
    Title B. Using or Disclosing Confidential Client Information
  Topic 2. The Attorney-Client Privilege
    Title A. The Scope of the Privilege
    Title B. The Attorney-Client Privilege for Organizational and Multiple Clients
    Title C. Duration of the Attorney-Client Privilege; Waivers and Exceptions
    Title D. Invoking the Privilege and its Exceptions
  Topic 3. The Lawyer Work-Product Immunity
    Title A. The Scope of the Lawyer Work-Product Immunity
    Title B. Procedural Administration of the Lawyer Work-Product Immunity
    Title C. Waivers and Exceptions to the Work-Product Immunity

Volume 2

Chapter 6. Representing Clients-in General
  Topic 1. Lawyer Functions in Representing Clients—in General
  Topic 2. Representing Organizational Clients
  Topic 3. Lawyer Dealings with a Nonclient
    Title A. Dealings with a Nonclient—Generally
    Title B. Contact with a Represented Nonclient
    Title C. Dealings with an Unrepresented Nonclient
  Topic 4. Legislative and Administrative Matters

Chapter 7. Representing Clients in Litigation
  Topic 1. Advocacy in General
  Topic 2. Limits on Advocacy
  Topic 3. Advocates and Tribunals
  Topic 4. Advocates and Evidence

Chapter 8. Conflicts of Interest
  Topic 1. Conflicts of Interest—in General
  Topic 2. Conflicts of Interest Between a Lawyer and a Client
  Topic 3. Conflicts of Interest Among Current Clients
  Topic 4. Conflicts of Interest with a Former Client
  Topic 5. Conflicts of Interest Due to a Lawyer’s Obligation to a Third Person

Table of Cases

Table of Codes, Rules, and Standards

Parallel Tables of Restatement Third Section Numbers and Annual Meeting Draft Section Numbers

Table of Cross References to Digest System Key Numbers and ALR Annotations

Index

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