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Completely revised!

The Ethical Lawyer 2006 Revision

Your #1 go-to desk reference for ethics questions and answers

. . . now includes discussions about Oregon’s new Rules of Professional Conduct and the RPCs of Washington, , and Utah. No matter what your practice area, you need to follow the disciplinary rules—for yourself and for your clients. But you often have questions about how to do that. And with the recent change from the old DRs to the new Oregon RPCs, you may wonder if the answers you knew have changed.

The Ethical Oregon Lawyer is the best source for answers to these ethics questions, and more:

How are attorney fees governed? What constitutes competent representation? What sanctions are available in appellate court? Who is the client for an insurance defense lawyer? What constitutes an ex parte contact in a pending case? Who holds the lawyer-client privilege in the corporate context? What limitations do lawyers face when advertising their services? What rights does an accused lawyer have in a disciplinary hearing? When does a lawyer’s self-interest conflict with the client’s interests? How do the new Oregon RPCs affect a lawyer’s duty of confidentiality? Under what circumstances may a lawyer ethically withdraw from a case? What ethical limits are placed on a lawyer in negotiating on a client’s behalf? How do you avoid ethical conflicts when managing, organizing, or selling a law firm? What ethical issues arise when you hire a mental health professional to assess your client’s mental capacity? May a lawyer represent a current client whose interests conflict with those of a former client?

Plus, each chapter highlights the major differences between Oregon’s Rules of Professional Conduct and the RPCs of Washington, Utah, and Idaho. So no matter where you practice, The Ethical Oregon Lawyer is your #1 go-to desk reference. The Ethical Oregon Lawyer 2006 Revision

Contents

1 Overview of Resources on the Law Mark J. Fucile Governing Lawyers

2 Marketing, Advertising, and Solicitation Maureen Callahan VanderMay

3 Attorney Fees and Fee Agreements Bradley F. Tellam

4 Withdrawal from Employment Peter R. Jarvis David J. Elkanich

5 Identification of the Client in Mark J. Fucile Organizational Settings

6 Confidentiality of Information Peter R. Jarvis Relating to Representation

7 Client Representation Christopher R. Hardman Chris P. Davis

8 Economic and Personal Conflicts Bradley F. Tellam

9 Multiple-Client Conflicts Peter R. Jarvis Allison D. Rhodes

10 Special Issues for In-House Lawyers and Timothy Daly Smith Government Lawyers Joseph A. Brislin

11 Lawyer Trust Accounts and Client Property Beverly Michaelis

12 Law Practice Organization, Management, Mark J. Fucile and Sales

13 Disclosure of Information and Duty Sylvia E. Stevens to Cooperate

14 Oregon Judicial Ethics Hon. Peter R. Jarvis Bradd Swank

15 Legal Malpractice and Lawyer Bruce Lee Schafer Professional Liability 16 Disciplinary Procedures Jeffrey D. Sapiro

17 Typical Ethics Issues for Appellate Lawyers Jas. Jeffrey Adams

18 Representing Clients with Diminished Michael D. Levelle Capacity and Disability

19 Reciprocal Admissions and Related Mark J. Fucile Licensing Issues

20 Conflicts Waiver Letters Peter R. Jarvis Bradley F. Tellam Mark J. Fucile

21 Negotiation Ethics Peter R. Jarvis Bradley F. Tellam

EDITORIAL BOARD: Peter R. Jarvis, B.A., Harvard University (1972); M.A. (Economics), J.D., Yale University (1976); member of the Oregon State Bar since 1976, the Washington State since 1981, the since 2002, and the since 2003; partner, Hinshaw & Culbertson LLP, Portland. Bradley F. Tellam, B.A., Claremont McKenna College (1979); J.D., Loyola Law School (1982); member of the Washington since 1982 and the Oregon State Bar since 1984; partner, Barran Liebman LLP, Portland. Mark J. Fucile, B.S., Lewis & Clark College (1979); J.D., University of California, Los Angeles (1982); member of the Oregon State Bar since 1982, the since 1986, the Washington State Bar Association since 1994, the Alaska Bar Association since 2001, and the since 2002; partner, Fucile & Reising LLP, Portland.

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