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Massachusetts Professional Responsibility

Formerly entitled Massachusetts Attorney Conduct Manual, this edition ...
Publisher: LexisNexis
Print Book :1 volume, loose-leaf
$192.00
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ISBN: 9780327162285
Publisher: LexisNexis
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Formerly entitled Massachusetts Attorney Conduct Manual, this edition is intended as a professional responsibility guide for Massachusetts lawyers. It provides advice on ethical issues and pinpoints the relevant ethical guidelines that apply to particular situations. This comprehensive treatise analyzes each of the Massachusetts Rules of Professional Conduct, as well as other sources of law that provide ethical guidance to Massachusetts attorneys. Reference is made both to the predecessor rules, the Massachusetts Canons of Ethics and Disciplinary Rules Regulating the Practice of Law and to the American Bar Association Model Rules of Professional Conduct. Ethics opinions and decisions of the Supreme Judicial Court and the Massachusetts Board of Overseers are cited copiously. In many instances, the author goes beyond the black letter law to suggest ¿better¿ approaches to certain ethical dilemmas.

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Table of Contents

PART I INTRODUCTION

Preamble: A Lawyer's Responsibilities Scope


PART II CLIENT-LAWYER RELATIONSHIP

CHAPTER 0

Rule 1.0 [Reserved]


CHAPTER 1

Rule 1.1 Competence


CHAPTER 2

Rule 1.2 Scope of Representation


CHAPTER 3

Rule 1.3 Diligence


CHAPTER 4

Rule 1.4 Communication


CHAPTER 5

Rule 1.5 Fees


CHAPTER 6

Rule 1.6 Confidentiality of Information


CHAPTER 7

Rule 1.7 Conflict of Interest: General Rule


CHAPTER 8

Rule 1.8 Conflict of Interest: Prohibited Transactions


CHAPTER 9

Rule 1.9 Conflict of Interest: Former Client


CHAPTER 10

Rule 1.10 Imputed Disqualifications: General Rule


CHAPTER 11

Rule 1.11 Successive Government and Private Employment


CHAPTER 12

Rule 1.12 Former Judge or Arbitrator


CHAPTER 13

Rule 1.13 Organization as Client


CHAPTER 14

Rule 1.14 Client Under a Disability


CHAPTER 15

Rule 1.15 Safekeeping Property [Including IOLTA Guidelines]


CHAPTER 16

Rule 1.16 Declining or Terminating Representation


CHAPTER 17

Rule 1.17 Sale of Law Practice


CHAPTERS 18 and 19

Rules 1.18 and 1.19 [Reserved]


PART III COUNSELOR


CHAPTER 20

Rule 2.0 [Reserved]


CHAPTER 21

Rule 2.1 Advisor


CHAPTER 22

Rule 2.2 Intermediary [Reserved]


CHAPTER 23

Rule 2.3 Evaluation for Use by Third Persons


CHAPTERS 24-29

Rules 2.4-2.9 [Reserved]


PART IV ADVOCATE
CHAPTER 30

Rule 3.0 [Reserved]


CHAPTER 31

Rule 3.1 Meritorious Claims and Contentions


CHAPTER 32

Rule 3.2 Expediting Litigation


CHAPTER 33

Rule 3.3 Candor Toward the Tribunal


CHAPTER 34

Rule 3.4 Fairness to Opposing Party and Counsel


CHAPTER 35

Rule 3.5 Impartiality and Decorum of the Tribunal


CHAPTER 36

Rule 3.6 Trial Publicity


CHAPTER 37

Rule 3.7 Lawyer as Witness


CHAPTER 38

Rule 3.8 Special Responsibilities of a Prosecutor


CHAPTER 39

Rule 3.9 Advocate in Nonadjudicative Proceedings


PART V TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS


CHAPTER 40

Rule 4.0 [Reserved]


CHAPTER 41

Rule 4.1 Truthfulness in Statements to Others


CHAPTER 42

Rule 4.2 Communication with Person Represented by Counsel


CHAPTER 43

Rule 4.3 Dealing with Unrepresented Person


CHAPTER 44

Rule 4.4 Respect for Rights of Third Persons


CHAPTERS 45-49

Rules 4.5-4.9 [Reserved]


PART VI LAW FIRMS AND ASSOCIATIONS


CHAPTER 50

Rule 5.0 [Reserved]


CHAPTER 51

Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer


CHAPTER 52

Rule 5.2 Responsibilities of a Subordinate Lawyer


CHAPTER 53

Rule 5.3 Responsibilities Regarding Nonlawyer Assistants


CHAPTER 54

Rule 5.4 Professional Independence of a Lawyer


CHAPTER 55

Rule 5.5 Unauthorized Practice of Law


CHAPTER 56

Rule 5.6 Restrictions on Right to Practice


CHAPTER 57

Rule 5.7 Responsibilities Regarding Law-Related Services


CHAPTERS 58 and 59

Rules 5.8 and 5.9 [Reserved]


PART VII PUBLIC SERVICE


CHAPTER 60

Rule 6.0 [Reserved]


CHAPTER 61

Rule 6.1 Voluntary Pro Bono Publico Service


CHAPTER 62

Rule 6.2 Accepting Appointments


CHAPTER 63

Rule 6.3 Membership in Legal Services Organization


CHAPTER 64

Rule 6.4 Law Reform Activities Affecting Client Interests


CHAPTERS 65-69

Rules 6.5-6.9 [Reserved]


PART VIII INFORMATION ABOUT LEGAL SERVICES


CHAPTER 70

Rule 7.0 [Reserved]


CHAPTER 71

Rule 7.1 Communications Concerning a Lawyer's Services


CHAPTER 72

Rule 7.2 Advertising


CHAPTER 73

Rule 7.3 Solicitation of Professional Employment


CHAPTER 74

Rule 7.4 Communication of Fields of Practice


CHAPTER 75

Rule 7.5 Firm Names and Letterheads


CHAPTERS 76-79

Rules 7.6-7.9 [Reserved]


PART IX MAINTAINING THE INTEGRITY OF THE PROFESSION


CHAPTER 80

Rule 8.0 [Reserved]


CHAPTER 81

Rule 8.1 Bar Admission and Disciplinary Matters


CHAPTER 82

Rule 8.2 Judicial and Legal Officials


CHAPTER 83

Rule 8.3 Reporting Professional Misconduct


CHAPTER 84

Rule 8.4 Misconduct


CHAPTER 85

Rule 8.5 Disciplinary Authority


CHAPTERS 86-89

Rules 8.6-8.9 [Reserved]


PART X DEFINITIONS; TITLE


CHAPTER 90

Rule 9.0 [Reserved]


CHAPTER 91

Rule 9.1 Definitions


CHAPTER 92

Rule 9.2 Title


Table of Cases

Index