Fair Fight: Legal Ethics for Litigators
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The practice of law can seem so simple, yet so daunting. The lawyer earns fees by representing clients, but is also subject to limits that can put the brakes on client representation. This is called "fighting fair," which requires zealous advocacy within the bounds of the law.
The law that governs the conduct of lawyers in litigation and practice includes each jurisdiction's Rules of Professional Conduct, common law (such as agency and malpractice law), a few statutes (such as fee-shifting provisions), and court rules (such as Rules of Civil Procedure). A lawyer’s license to practice, and income, depend on understanding of all these bodies of law, as adopted in each jurisdiction. Violation of a jurisdiction’s Rules of Professional Conduct can result in professional discipline, with sanctions ranging from disbarment, suspension from practice, and fines to public and private reprimands.
This book covers both trial lawyer ethics and matters outside the courtroom. It covers topics common to all representations, such as obligations to clients and the limits of the law, and much of it addresses pleadings, answers, motion practice, depositions, settlement, and appeals.
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