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法曹倫理デスクブック 2016-2017年版

Legal Ethics: The Lawyer's Deskbook on Professional Responsibility, 2016-2017 ed.

John S. Dzienkowski, Ronald D. Rotunda

1 vol. 2320 p. Paper., 2016.(年1回刊行)

West, USA. ISBN: 9780314644749

¥50,009

在庫あり

米国法曹協会の協力による法曹倫理のデスクガイド。ABAの法曹倫理モデル規定を中心に、第一人者よる解釈と議論を収録しています。

【Table of Contents】

Part I. Client-Lawyer Relationships

Chapter

1.1 Competence

1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer

1.3 Diligence

1.4 Communications

1.5 Fees

1.6 Confidentiality of Information

1.7 Conflicts of Interest-Current Clients

1.8 Conflict Of Interest-Specific Rules

1.9 Duties to Former Clients

1.10 Conflicts of Interest-Imputed Disqualifications

1.11 Special Conflicts of Interest for Former and Current Government Officers and Employees

1.12 Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral

1.13 The Organization as Client

1.14 Client With a Diminished Capacity

1.15 Safekeeping Property

1.16 Declining or Terminating Representations

1.17 Sale of a Law Practice

1.18 Duties to Prospective Clients

Part II. The Lawyer as Counselor

2.1 The Lawyer as Advisor

2.2 The Lawyer as Intermediary

2.3 The Lawyer as Evaluator

2.4 The Lawyer as a Third-Party Neutral

Part III. The Lawyer as an Advocate

3.1 Meritorious Claims and Contentions

3.2 Expediting Litigation

3.3 Candor Toward the Tribunal

3.4 Fairness to Opposing Party and Opposing Counsel

3.5 Impartiality and Decorum of the Tribunal

3.6 Trial Publicity

3.7 Lawyer as Witness

3.8 Special Responsibilities of a Prosecutor

3.9 Advocate in Nonadjudicative Proceedings

Part IV. Transactions with Persons Other Than Clients

4.1 Truthfulness in Statements to Others

4.2 Communications with a Person Represented by Counsel

4.3 Dealing with Unrepresented Persons

4.4 Respect for the Rights of Third Persons

Part V. Law Firms and Associations

5.1 Responsibilities of a Partner or Supervisory Lawyer

5.2 Responsibilities of a Subordinate Lawyer

5.3 The Lawyer’s Responsibilities Regarding Nonlawyer Assistants

5.4 Professional Independence of a Lawyer

5.5 Unauthorized Practice of Law; Multijurisdictional Practice of Law

5.6 Restrictions on the Right to Practice Law

5.7 Responsibilities Regarding Law-Related Services

Part VI. Public Service

6.1 Voluntary Pro Bono Publico Service

6.2 Accepting Appointments

6.3 Membership in Legal Services Organizations

6.4 Law Reform Activities Affecting Client Interests

6.5 Nonprofit and Court-Annexed Limited Legal Services Programs

Part VII. Information About Legal Services

7.0 Historical and Constitutional Background

7.1 Communications Concerning a Lawyer’s Services

7.2 Advertising

7.3 Direct Contact with Prospective Clients

7.4 Communication of Fields of Practice and Specialization

7.5 Firm Names and Letterheads

7.6 Political Contributions to Obtain Government Legal Engagements or Appointments by Judges

Part VIII. Maintaining the Integrity of the Profession

8.1 Bar Admission and Disciplinary Matters

8.2 Charges Against Judicial and Legal Officials

8.3 Reporting Professional Misconduct

8.4 Misconduct

8.5 Disciplinary Authority and Choice of Law

Part IX. Reserved

Part X. The Ethical Obligations of a Judge

10.0 An Introduction to Judicial Ethics

10.1 Canon 1 Integrity and Independence

10.2 Canon 2 The Appearance of Impropriety

10.3 Canon 3 Conduct in the Courtroom

10.4 Canon 4 Extra-Judicial Activities

Appendix

A. Model Rules For Trust Account Overdraft Notification

B. Model Rule On Financial Recordkeeping

C. Model Rule For Random Audit of Lawyer Trust Accounts

D. Model Rule For Payee Notification

E. Model Rules For Lawyers' Funds For Client Protection

F. Model Rules For Fee Arbitration

G. Model Rules For Mediation of Client-Lawyer Disputes

H. Standards For Imposing Lawyer Sanctions

I. Model Rules For Lawyer Disciplinary Enforcement

J. American Bar Association Standards Relating to the Administration of Criminal Justice

K. Aspirational Goals For Lawyer Advertising

L. ABA Model Code of Judicial Conduct (1990)

M. ABA Model Court Rule On Provision of Legal Services Following Determination of Major Disaster (Adopted February 12, 2007)