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Legal Ethics Stories
Acknowledgments
Legal Ethics Stories
Introduction
The Four Subjects of Legal Ethics
The Stories
1. Race, Ethics, and the First Amendment: Should a Black Lawyer Represent the Ku Klux Klan?
Introduction
I. The Right to Counsel
II. Conscientious Objection
III. Race and Role
IV. Civil Liberties and Civil Rights
A. Protection Versus Absolutism
B. Clean Rights and Dirty Hands
C. Separating the Personal from the Political
D. Freedom Fighter or Mercenary?
E. Integrity and Autonomy
V. Positional Conflicts and the Public Interest
VI. Remembering the Real Heroes
VII. Postscript: Lawyering in a Multicultural World
2. Bohatch v. Butler & Binion: The Ethics of Partners
I. Ethics: Bohatch Decides to Blow the Whistle
II. Partnership Law: The Partners Investigate the Allegations[150]
III. Ethics v. Partnership Law
A. Summary of the Cases.
B. Trial Strategy
1. Bohatch’s Pre-Trial Lawyer, Jamie Gorelick.
2. Bohatch’s Trial Lawyer, Eliot Tucker
3. Legal Theories of the Trial
a. Wrongful Discharge
b. Tort and Contract based on the Partnership Agreement
4. Butler’s Trial Lawyers, Joseph Kral and Larry Knippa
C. The Appeals.
IV. The Whistleblower’s Dilemma
V. The Ethics of Billing
VI. Epilogue
3. Travails in Tax: KPMG and the Tax Shelter Controversy
Tax Services and Accounting Firms
KPMG
Tax Product Development and “Speed to Market”
KPMG’s Marketing Efforts
Avoiding Detection by the IRS
Mike Hamersley
The XYZ Audit
Aftermath
Conclusion
4. In the Pink Room[506]
I
II
III
IV
V
VI
5. United States v. Kaczynski: Representing the Unabomber
The Unabomber’s Pen Pal
The Crazy Hermit and His Lawyers
Behind Closed Doors: A Fragile Truce
The Truce Collapses, and the Unabomber Tries to Fire His Lawyers
Meltdown
The Psychiatric Evaluation
The Unabomber’s Lawyers Play Chicken With the Court and With Their Client
Judgment Day
6. Spaulding v. Zimmerman: Confidentiality and its Exceptions
I. SPAULDING REVISITED
A. The Lessons of Spaulding
B. What Really Happened in Spaulding?
C. The Professional Failures in Spaulding
D. Who Among Us Will Do The Right Thing?
II. REFORMING THE LAW OF PROFESSIONAL SECRECY
A. The Social Purposes of Professional Secrecy
B. Disclosure to Prevent or Rectify a Client Crime or Fraud
C. Disclosure to Prevent Death or Substantial Bodily Harm
D. Underlying Policy Issues
E. Effect of Permissible Disclosure on Client’s Attorney-Client Privilege
CONCLUSION
7. Bankrupt in Milwaukee: A Cautionary Tale
Introduction
The Overachiever’s Tale
The Young Partner’s Tale
The Rainmaker’s Tale
The Bankruptcy Specialist’s Tale
The Advocate’s Tale
Conclusion
8. “What’s Sex Got To Do With It?[641]”: Diversity in the Legal Profession
The Background of the Litigation
The Court Decisions
The Participants’ Perspectives
The Price of Principle: Lawyers on Trial
Ezold’s Legacy
9. In Re Arons: The Plight of the “Unrich” in Obtaining Legal Services
Introduction
The Legal Profession
IDEA
Proceedings Before the Board on the Unauthorized Practice of Law
Round One—Delaware versus Mrs. Arons
Round Two: Our Response
Round Three: Full-Scale Hearing or Stipulation of Facts?
Round Five: Briefing
Round Six: Argument Before the Board on the Unauthorized Practice of Law
Round Seven: The Board Delivers A Knockout Punch
On to the Delaware Supreme Court—The U.S. Justice Department Joins the Case
Briefing Before the Delaware Supreme Court
Argument
More Bad News
On to the U.S. Supreme Court
Concluding Thoughts
10. Greed on Trial
SKIRMISHES
THE BATTLE IS JOINED
ENDGAME
Biographies of Legal Ethics Stories Contributors
Source, notes...