Professional Responsibility: An Open-Source Casebook
first Edition

Professional Responsibility: An Open-Source Casebook

by Brian L. Frye and Elizabeth Schiller

This casebook covers a wide range of different subjects related to the professional responsibility of attorneys.

Brian L. Frye joined the faculty of the College of Law in 2012. He teaches classes in civil procedure, intellectual property, copyright, and nonprofit organizations, as well as a seminar on law and popular culture. Previously, he was a Visiting Assistant Professor of Law at Hofstra University School of Law, and a litigation associate at Sullivan & Cromwell LLP. He clerked for Judge Andrew J. Kleinfeld of the United States Court of Appeals for the Ninth Circuit and Justice Richard B. Sanders of the Washington Supreme Court. He received a J.D. from the New York University School of Law in 2005, an M.F.A. from the San Francisco Art Institute in 1997, and a B.A. from the University of California at Berkeley in 1995. His research focuses on intellectual property and charity law, especially in relation to artists and arts organizations.

Elizabeth Schiller is a Reference and Research Services Librarian at the University of Richmond School of Law Muse Law Library. Prior to joining the University of Richmond, Ms. Schiller served in several reference and research roles in the Humanities, Knowledge Services, and American Law Divisions of the Congressional Research Service. Ms. Schiller is an active member of the Virginia Association of Law Libraries, the American Association of Law Libraries, and served as the President of the Law Librarians’ Society of Washington, DC.

This casebook is licensed “Creative Commons 0 / No Rights Reserved.”

Introduction. Professional Responsibility
Introduction.1 - Epigraph
Introduction.2 - Preface
Chapter One. Introduction
1.1 - Introduction to Professional Responsibility
1.2 - The History of the Legal Profession
Chapter Two. The Attorney-Client Relationship
2.1 - Creating an Attorney-Client Relationship
2.2 - Ending an Attorney-Client Relationship
2.3 - The Attorney as Agent
2.4 - The Client as Principal
2.5 - Ex Parte Communications
2.6 - Attorney’s Fees
2.7 - Financial Relationships with Clients
2.8 - Organizations as Clients
2.9 - Agents as Clients
Chapter Three. The Legal Duties of an Attorney
3.1 - Fiduciary Duties
3.2 - Legal Malpractice
3.3 - Ineffective Assistance of Counsel
Chapter Four. Conflicts of Interest
4.1 - Identifying Conflicts of Interest
4.2 - Resolving Conflicts of Interest
4.3 - Breach of the Duty of Loyalty
4.4 - Current Client Conflicts of Interest
4.5 - Former Client Conflicts on Interest
4.6 - Associational Conflicts of Interest
4.7 - Specific Conflicts of Interest
4.8 - Personal Conflicts of Interest
Chapter Five. Confidentiality
5.1 - The Duty of Confidentiality
5.2 - Exceptions to the Duty of Confidentiality
5.3 - The Attorney-Client Privilege
5.4 - Applying the Attorney-Client Privilege
5.5 - Corporate Privilege
5.6 - The Work Product Doctrine
5.7 - Exceptions to Privilege & Work Product
Chapter Six. Advocacy & Conduct
6.1 - Frivolous Pleading
6.2 - Improper Advocacy
6.3 - Attorney Misconduct
6.4 - Client Perjury
6.5 - Alternative Dispute Resolution
Chapter Seven. The Regulation of the Legal Profession
7.1 - Bar Admission
7.2 - Advertising
7.3 - Solicitation
7.4 - Prosecutorial Misconduct
7.5 - Judicial Recusal & Misconduct
Chapter Eight. Justifying the Rules of Professional Responsibility
8.1 - Theories of Legal Ethics