NITA Publications

Professionalism in the Real World

Relevant and practical, Professionalism in the Real World walks the reader through the application of the "Model Rules of Professional Conduct" in everyday situations. The authors provide countless humorous and heartening real-life examples of the ethical missteps of the unwary attorney.

Lisa Penland and Melissa Weresh offer useful advice and checklists throughout the book that point the lawyer in the right ethical direction from the early stages of client engagement to appeals. Students and new practitioners alike will greatly benefit from this essential guide.

Reviews

"Using the Model Rules of Professional Conduct as their guide, they provide straightforward advice on how to respond to the most common ethical questions that arise during the everyday practice of law."

-Reprinted with permission, "The Champion Magazine", May 2012.

• >> TABLE OF CONTENTS
  CONTENTS
  
  CHAPTER 1. ETHICAL AND PROFESSIONAL SOURCES OF INFLUENCE
  
  I. Ethical and Procedural Rules
  A. Competence
  B. Diligence and Timeliness
  C. Communication with Clients
  D. Fairness
  E. Truthfulness
  F. Confidentiality
  
  II. Professionalism Standards
  
  III. Personal Integrity
  
  IV. Relationship between These Sources and Legal Communication
  
  CHAPTER 2. GENERAL CONSIDERATIONS
  
  I. General Considerations Applicable to All Communication
  A. Choosing the Method of Communication
  B. Know Your Audience
  C. Planning Your Communication
  D. Watch Your Tone
  E. Be Truthful
  F. Keep Confidences (and More) Confidential
  
  II. General Considerations for Written Communication
  A. Firm Names and Letterheads
  B. Pay Attention to Structure
  C. Seek Clarity, Avoid Ambiguity
  D. Once Written, Forever for All the World to See
  E. Special Confidentiality Issues Related to E-Mail and Faxes
  
  III. Letters
  A. Planning
  B. Format
  C. Appearance
  
  IV. Electronic Communications
  A. Choosing Electronic Communication
  B. E-mail Considerations
  C. Instant Messaging and Text Messaging
  D. Sending an Electronic Communication
  E. Web Sites
  F. Blogs and Electronic Social Networks
  
  V. Telephone Communications
  
  VI. Contacting Potential Clients and Advertising
  
  VII. Communication with Clients with Diminished Capacity
  
  VIII. Attorney Communication with Organizational Clients
  
  CHAPTER 3. COMMUNICATING CONFLICTS OF INTERESTS
  
  I. Identifying and Communicating Conflicts with Existing Clients
  A. General Conflict Rules
  B. Lawyer's Participation in Business Transactions
  C. Other Situations Where the Lawyer Must Obtain Informed Consent from an Existing Client
  
  II. Duty to Communicate with Former Clients
  
  III. Special Considerations Pertaining to Representation of an Organization: Communication with Constituent Nonclients
  
  CHAPTER 4. PRETRIAL ADVOCACY
  
  I. The Engagement
  A. The Engagement Communicates Competence and a Supportable Claim
  B. Client Engagement Letters
  
  II. The Informal Investigation
  
  III. Communications with the Client
  A. Initial Advice Letters
  B. Duty to Communicate with Clients: Informed Consent
  C. Duty to Communicate with Clients: Other Circumstances
  
  IV. Demand Letters
  
  V. Honest Communications with the Court
  A. Honest Communication in Court Submissions: Federal Rule of Civil Procedure 11
  B. ABA Model Rules: Applicable to All Communications with the Court
  
  VI. Initial Pleadings: The Complaint/Petition and the Answer
  A. The Complaint and Answer: Format
  B. The Complaint: Contents
  C. The Answer: Contents
  D. Mechanics of Communicating the Pleadings
  
  VII. Discovery Conference and Communication of Disclosures
  A. Mandatory Discovery Conference
  B. Communication of Disclosures
  
  VIII. Discovery
  A. Ethical Considerations of Communication During Discovery
  B. Discovery: Generally
  C. Effect of Attorney Signature on Discovery Documents
  D. Interrogatories
  E. Requests for Admissions
  F. Requests for Physical and Mental Examinations
  G. Requests for Production
  H. Inadvertent Receipt of Documents
  I. Depositions
  J. Failure to Make Disclosures or Cooperate in Discovery
  
  IX. Pretrial Motions
  
  CHAPTER 5. TRIAL ADVOCACY
  
  I. Trial Preparation
  A. Preparation of the Trial Brief
  B. Pretrial Conferences
  C. Communication with Witnesses
  D. Client Meetings
  E. Courtroom Decorum: Generally
  
  II. Jury Selection and Relations with Jurors
  
  III. Opening Statement
  
  IV. Examination of Witnesses
  A. General Considerations
  B. Direct Examination
  C. Direct Examination of Expert Witnesses: False Testimony
  D. Cross-Examination
  
  V. Presentation of Evidence
  
  VI. Trial Motions and Objections
  
  VII. Closing Argument
  
  CHAPTER 6. APPELLATE ADVOCACY
  
  I. Pre-Appeal Considerations
  A. Communicating with the Client before the Appeal
  B. The Notice of Appeal
  C. Transmittal of the Record
  
  II. The Appeal
  A. Appellate Briefs
  B. Appeal Conferences
  C. Oral Argument
  D. The Judgment
  
  III. Post-Appeal Considerations
  A. Post-Opinion Motions
  B. Petitions for Certiorari
  
  CHAPTER 7. TRANSACTIONAL LAWYERING
  
  I. The Engagement
  A. The Engagement Communicates Competence
  B. Organizational Clients and Clients with Diminished Capacity
  C. Client Engagement Letter
  
  II. Communication Regarding Conflicts
  
  III. Research and Investigation
  A. Communications Must Be Truthful
  B. Communications with Represented Persons
  C. Communications with Unrepresented Persons
  D. Communications Regarding Inadvertently Received Documents
  
  IV. Advising the Client
  A. Duty to Communicate Candidly and Fully
  B. Duty to Provide Consultative and Explanatory Communications
  C. Duty to Provide Informative Communication
  D. Duty to Refrain from Advising Clients to Engage in Criminal/Fraudulent Conduct
  E. Duty to Communicate with Clients of Conflicts and Disclosures
  F. Duty to Communicate Potential Constituent Wrongdoing
  G. Duty to Communicate about Lawyer Limitations
  
  V. Drafting and Negotiating
  A. Communicate to Client Desirability of Being the Drafting Attorney
  B. Communicate the Deal in the Most Legally Effective Manner
  C. Communications with Opposing Counsel and Other Parties
  
  Index

• >> AUTHORS
  
  
  • Lisa Penland
    
    
    • Lisa Penland is a professor of law at Drake University Law School in Des Moines, Iowa, where she received her J.D., Order of Coif, and was articles editor for the Drake Law Review. Following graduation, Penland clerked for the Honorable Harold Vietor, U.S. District Court, Southern District of Iowa. Professor Penland also worked for the law offices of Kennedy, Holland, DeLacy and Suoboda in Omaha, Nebraska, and for Costas and Norman, P.C., in Valparaiso, Indiana. She has had her own private practice, as well. She is a prolific writer and editor and a sought-after speaker at conferences and law schools, where she speaks on professionalism in the practice of law. She is also the mayor of Steamboat Rock, Iowa.

  
  

  • Melissa H. Weresh
    
    
    • Melissa H. Weresh has been a professor of law at Drake University Law School since 1997 and the director of legal writing there. Writing and educating always have been in the forefront of Professor Weresh's legal endeavors, having been the senior note and comments editor for the Law Review at her alma mater, the University of Iowa College of Law, where she graduated Order of Coif. Weresh also prepared extensive course materials for courses she taught and videotaped for the law firm of Buckingham, Doolittle and Burroughs, where she practiced as an associate, prior to joining the faculty at Drake. More recently, Professor Weresh received the 2009 Warren E. Burger Writing Competition Prize, awarded by the American Inns of Court to promote "the ideals of excellence, civility, ethics and professionalism within the legal profession." She has received many other honors and awards and is very active in many professional organizations, including the board of directors, The Homestead; Visiting Master, C. Edwin Moore Inn of the American Inns of Court; Madelyn Levitt Distinguished Community Service Award, Drake University; board of directors, Legal Writing Institute; and many others.