Susan R. Martyn

University of Toledo - College of Law

2801 W. Bancroft Street

Toledo, OH 43606

United States

SCHOLARLY PAPERS

42

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Scholarly Papers (42)

1.

The Restatement (Third) of the Law Governing Lawyers and the Courts

Symposium, The Professional Lawyer, Vol. 115, 1997
Number of pages: 12 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 707 (70,302)

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Client-Lawyer Relationship, Fees, Disqualification, Duties to Third Persons, Withdrawal, Attorney-Client Privilege, Confidentiality, Work Product Immunity, Conflict of Interest, Malpractice, Discovery, Wrongful Discharge, Sanctions, Purcell

2.

Legislating Advanced Directives for the Terminally Ill: The Living Will and Durable Power of Attorney

Neb. L. Rev., Vol. 63, pp. 776-809, 1984
Number of pages: 32 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Lynn B. Jacobs and Susan R. Martyn
affiliation not provided to SSRN and University of Toledo - College of Law
Downloads 525 (102,290)

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Living Will, Durable Power of Attorney for Health Care, Advance Directive, Quinlan, Constitutional Rights, President's Commission

3.

In Defense of Client-Lawyer Confidentiality... And its Exceptions ...

Nebraska Law Review, Vol. 81, 2003
Number of pages: 32 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 386 (146,879)

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Confidentiality, Attorney-Client Privilege, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Utilitarian, Deontological, Consent, Physical Harm, Financial Harm, Seeking Advice, Self-defense, Court Orders, Procedural Rules, USA Patriot Act, Sarbanes-Oxley

4.

Informed Consent in the Practice of Law

George Washington Law Review, Vol. 48, 1980
Number of pages: 48 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 352 (162,624)

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Informed Consent, Malpractice, Model Rules of Professional Conduct, Human Dignity, Rational Decision Making, Client Fraud, Professional Self-Scrutiny, Constructive Fraud, Custom, Causation, Client Control, Res Ipsa Loquitur, Battery, Negligence, Writing

5.

Human Cloning: The Role of Law

University of Toledo Law Review, Vol. 32, No. 3, Spring 2001
Number of pages: 13 Posted: 15 Jan 2002 Last Revised: 25 May 2014
Susan R. Martyn
University of Toledo - College of Law
Downloads 339 (169,284)

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Human Cloning, Legal Regulation, Law, Moral Judgments, Government Funding, Patent Protection, Laissez Faire, Human Subjects Research, Tuskegee Experiment, Family Law, Privacy, Commodification, Posner, Nonprofit

6.

Accidental Clients

Hofstra Law Review, Vol. 33 p. 913, March 2006
Number of pages: 43 Posted: 14 Apr 2005 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 254 (229,268)

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Legal Ethics, Lawyer-Client Relationship, Fiduciary Duty,Court Appointments, Reasonable Reliance, Prospective Clients, Joint Clients, Insurance Defense, Organizations, Class Actions, Third Party Beneficiaries, Imputed Representation

7.

Required Request for Organ Donation: Moral, Clinical and Legal Problems

Hastings Center Report, Vol. 18, No. 27, 1988, Required Request Revisited, Hastings Center Report, Vol. 19, No. 44, March/April 1989
Number of pages: 16 Posted: 16 Jul 2008
Susan R. Martyn, Richard Wright and Leo L. Clarke
University of Toledo - College of Law, University of Toledo and TechRisk.Law
Downloads 233 (248,395)

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Brain Injury, Brain Death, Conflict of Interest, Uniform Anatomical Gift Act, Organ Donation, Consent, Required Request, Presumed Consent, Voluntariness

8.

'Formation of the Client-Lawyer Relationship, Competence and Diligence' and 'Communications and Shared Decision-Making'

in Professional Legal Ethics: A Comparative Perspective, Maya G. Bolocan, Ed.
Number of pages: 9 Posted: 15 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 192 (297,229)

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Model Rules of Professional Conduct, Court Appointments, Comparative Law, Council of Bars & Law Societies of Europe, Contract, Prospective Clients, Fiduciary Responsibility, Competence, Diligence, Professional Liability Insurance, Communication, Shared Decision Making

9.

Using the Brain Dead for Medical Research

Utah L. Rev., Vol. 1, 1986
Number of pages: 29 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 167 (336,393)

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Neomort, Biomort, Brain Death, Medical Research, Human Subjects Research, President's Commission, Uniform Anatomical Gift Act, Transplantation, Organ Donation, Cadaver, Institutional Review Boards

10.

Ten Remedies You Must Understand

Practical Litigator, Vol. 16, No. 6, p. 41, 2005
Number of pages: 14 Posted: 16 Jul 2008 Last Revised: 12 May 2012
Lawrence J. Fox and Susan R. Martyn
Drinker Biddle & Reath LLP and University of Toledo - College of Law
Downloads 167 (336,393)

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Restatement of the Law Governing Lawyers, Remedies, Discipline, Crimes, Misrepresentation, Duties to Third Persons, Tort Liability, Malpractice, Breach of Fiduciary Duty, Ineffective Assistance of Counsel, Disqualification, Fee Forfeiture, Loss of Contractual Rights, Sanctions

11.

Lawyers as Directors: Who Serves and Why?

1996 Symposium, The Professional Lawyer 107. Reprinted in THE LAWYER-DIRECTOR: IMPLICATIONS FOR INDEPENDENCE; REPORT OF THE TASK FORCE ON THE INDEPENDENT LAWYER (American Bar Association Section of Litigation 1998)
Number of pages: 24 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 163 (343,463)

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Empirical Study, Lawyer-Directors, Trends, Non-profit Boards, Conflict of Interest, Informed Consent

12.

Substituted Judgment, Best Interests and the Need for Best Respect

Cambridge Quarterly of Healthcare Ethics, Vol. 3, p. 194, 1994
Number of pages: 15 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 138 (393,359)

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Substituted Judgment, Best Interests, Best Respect, Surrogate Decision Makers, Quality of Life

13.

Essay: Professionalism - Behind the Veil of Ignorance

University of Toledo Law Review, Vol. 24, 1992
Number of pages: 15 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 114 (455,055)

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Professionalism, Rawls, Pro Bono, Advertising, Peer Review, Conflict of Interest, Screens, Fraud

14.

Back to the Future: Fiduciary Duty Then and Now

CENTURY OF LEGAL ETHICS: TRIAL LAWYERS AND THE ABA CANONS OF PROFESSIONAL ETHICS, American Bar Association, 2009, University of Toledo Legal Studies Research Paper
Number of pages: 21 Posted: 11 May 2012
Susan R. Martyn, Lawrence J. Fox and Andrew S. Pollis
University of Toledo - College of Law, Drinker Biddle & Reath LLP and Case Western Reserve University School of Law
Downloads 110 (467,251)

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15.

Physician-Assisted Suicide: The Supreme Court's Wary Rejection

U. Tol. L. Rev., Vol. 31, pp. 253-272, 1999-2000
Number of pages: 21 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 107 (476,728)

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Killing, Letting Die, Fourteenth Amendment, Physician-Assisted Suicide, Terminal Illness, Palliative Care, Netherlands, Quill, Glucksberg, Terminal Sedation

16.

Now is the Moment to Reflect: Two Years of Experience with Oregon's Physician Assisted Suicide Law

Elder Law Journal, Vol. 8, No. 1, 2000
Number of pages: 57 Posted: 23 Sep 2000 Last Revised: 11 May 2012
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 104 (486,520)

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Oregon, Physician-Assisted Suicide, Death with Dignity, Capacity, Voluntariness, Terminal Illness, Empirical Study, Competence, Documentation

17.

Legal Ethics

in LOOKING AT LAW SCHOOL, Society of American Law Teachers, 4th ed. 1997
Number of pages: 10 Posted: 11 Jul 2008 Last Revised: 10 Dec 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 103 (489,871)

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Moral Values, Law School, Advanced Courses, Problems, Pervasive, Restatement of the Law Governing Lawyers, Advertising, Bar Admission, Fiduciary Duty, Confidentiality, Loyalty, Competence, Role

18.

Physician's Decisions About Patient Capacity: The Trojan Horse of Physician-Assisted Suicide

Psychology, Public Policy and Law, Vol. 6, 2000
Number of pages: 13 Posted: 11 Jul 2008
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 100 (499,959)

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Oregon, Physician-Assisted Suicide, Terminal Illness, Competence, Capacity, Voluntariness, Documentation, Quality of Life, Physician Power

19.

Redrafting Ohio's Advance Directives Laws

Akron L. Rev., Vol. 26, No. 229, 1992
Number of pages: 65 Posted: 15 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 98 (506,713)

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Living Will, Durable Power of Attorney for Health Care, Advance Directive, Quinlan, Constitutional Rights, Uniform Rights of the Terminally Ill Act, Do Not Resuscitate Orders, Non-declarant, Permanent Unconscious State, Surrogate Decision Makers

20.

Peer Review and Quality Assurance for Lawyers

U. Tol. L. Rev., Vol. 20, 1989
Number of pages: 31 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 96 (513,466)

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Professionals, Accountants, Engineers, Physicians, Quality Assurance, Peer Review, Competence, Insurance, Law Practice Management

21.

Lawyer Competence and Lawyer Discipline: Beyond the Bar?

69 Geo. L. J. 705
Number of pages: 41 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 91 (531,446)

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Model Rules of Professional Conduct, Malpractice, Discipline, Grievance Procedure, Lay Representation

22.

Justice and Lawyers: Revising the Model Rules of Professional Conduct

Prof. Law., Vol. 12, No. 1, 2000
Number of pages: 9 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 88 (542,732)

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Ethics 2000, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Fiduciary Duty, Competence, Communication, Confidentiality, Conflict of Interest, Bounds of the Law, Pro Bono, Access to Justice, Unauthorized Practice, Justice

23.

The Integrated Law School Practicum: Synergizing Theory and Practice

Louisiana Law Review, Vol. 68, p. 715, 2008, University of Toledo Legal Studies Research Paper
Number of pages: 27 Posted: 11 May 2012
Susan R. Martyn and Robert S. Salem
University of Toledo - College of Law and affiliation not provided to SSRN
Downloads 83 (562,466)

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legal education, clinical education, legal ethics, professional responsibility

24.

Conflict About Conflicts: The Controversy Concerning Screens

Oklahoma Law Review, Vol. 46, 1993
Number of pages: 11 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 81 (570,764)

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Restatement of the Law Governing Lawyers, Law Firm Screens, Conflict of Interest, Chinese Walls, Former Clients, Current Clients, Model Rules of Professional Conduct, Ethics 2000, Informed Consent

25.

How to Help Yourself: Researching the Law Governing Lawyers

The Practical Lawyer, Vol. 56, No. 5, October 2010, University of Toledo Legal Studies Research Paper
Number of pages: 9 Posted: 02 May 2012
Susan R. Martyn and Lawrence J. Fox
University of Toledo - College of Law and Drinker Biddle & Reath LLP
Downloads 80 (574,993)

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legal research, legal ethics, professional responsibility

26.

Justice Stewart G. Pollock: Catcher in the Rye

30 Seton Hall L. Rev. 435
Number of pages: 9 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 76 (592,031)

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Catcher in the Rye, Precedent, Medical Malpractice, Wrongful Discharge, Confidentiality, Informed Consent

27.

The Law of the Lawyer Judicial Ethics: Disqualification and Recusal

The Practical Lawyer, Vol. 53, No. 6, December 2008, University of Toledo Legal Studies Research Paper
Number of pages: 3 Posted: 02 May 2012
Susan R. Martyn and Lawrence J. Fox
University of Toledo - College of Law and Drinker Biddle & Reath LLP
Downloads 73 (605,432)

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28.

Screening? Consider the Clients

The Practical Litigator, p. 47, July 2008
Number of pages: 7 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 69 (624,293)

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Screens, Conflict of Interest, Former Clients, Current Clients, Disqualification, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Side-Switching, Ethics 2000, Informed Consent, Law Firms

29.

Judicial Reliance on the Restatement (3d) of the Law Governing Lawyers

The Professional Lawyer, Vol. 6, 1995
Number of pages: 14 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 68 (629,119)

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Restatement of the Law Governing Lawyers, Tentative Drafts, Discipline, Legal Malpractice, Fees, Discovery Motions, Disqualification

30.

Charting a New Direction: Why Ohio Should Study the Revised Model Rules of Professional Conduct

Ohio Lawyer, Vol. 14, September/October 2001
Number of pages: 5 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 61 (664,936)

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Ohio, Ethics 2000, Model Rules of Professional Conduct, Code of Professional Responsibility, Writing Requirements, Screens, Confidentiality, Advertising, Lawyer as Witness

31.

Developing the Judicial Role in Litigation Conflicts: Response to Green

Fordham Law Review, Vol. 65, 1996
Number of pages: 19 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 61 (664,936)

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Disqualification, Fee Forfeiture, Sanctions, Remedies, Conflict of Interest, Disclosure, Restatement of the Law Governing Lawyers

32.

Book Review: The Ethic of Modern Legal Ethics

Geo. J. Legal Ethics, Vol. 1, p. 267
Number of pages: 19 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 60 (670,171)

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Hornbook, Advertising and Solicitation, Unauthorized Practice, Client-Lawyer Relationships, Moral Philosophy

33.

Competence: Why You Were Hired in the First Place

Practical Litigator, Vol. 16, No. 5, 2008
Number of pages: 6 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Lawrence J. Fox and Susan R. Martyn
Drinker Biddle & Reath LLP and University of Toledo - College of Law
Downloads 57 (686,786)

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Reasonable Care, Scope of Representation, Obedience, Diligence, Common Knowledge, Obvious Errors, Communication, Disclosing Errors

34.

Book Chapter: 'Standards of Quality: Past Efforts and Future Options' in the Quality Pursuit

THE QUALITY PURSUIT, Robert Michael Greene, ed., ABA Section of Law Practice Management, 1989
Number of pages: 8 Posted: 16 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 52 (716,145)

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Professionals, Accountants, Engineers, Physicians, Quality Assurance, Peer Review, Competence, Insurance, Law Practice Management

35.

Visions of the Eternal Law Firm: The Future of Law Firm Screens

South Carolina Law Review, Vol. 45, No. 1, 1994
Number of pages: 25 Posted: 16 Jul 2008 Last Revised: 22 Feb 2009
Susan R. Martyn
University of Toledo - College of Law
Downloads 51 (722,281)

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Screens, Conflict of Interest, Former Clients, Current Clients, Disqualification, Model Rules of Professional Conduct, Restatement of the Law Governing Lawyers, Side-Switching, Informed Consent, Law Firms

36.

Lawyer Advertising: The Unique Relationship between First Amendment and Antitrust Protections

Wayne L. Rev., Vol 23, 1976
Number of pages: 38 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 50 (728,625)

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Lawyer Advertising, First Amendment, Antitrust, State Interests, Sherman Act, State Action Immunity, Commercial Speech

37.

Physician-Assisted Suicide: The Lethal Flaws of the Ninth and Second Circuit Decisions

Cal. L. Rev., Vol. 85, pp. 371-426, 1997
Number of pages: 57 Posted: 11 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn and Henry J. Bourguignon
University of Toledo - College of Law and University of Toledo College of Law
Downloads 48 (741,402)

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Killing, Letting Die, Fourteenth Amendment, Physician-Assisted Suicide, Terminal Illness, Palliative Care, Netherlands, Quill, Glucksberg

38.

Commentary: The Lawyer in the Religious Traditions - A Lutheran Finds Commonality

Journal of Law & Religion, Vol. 21, 2005
Number of pages: 7 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 48 (741,402)

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Luther, Niebuhr, Virtues

39.

Implementing a Conflicts Control System

The Practical Lawyer, Vol. 40, 1994
Number of pages: 6 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 48 (741,402)

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Disqualification, Conflict of Interest, Database, Law Firm Lawyers, Current Clients, Former Clients, Conflicts Checking, Research

40.

Coming to Terms with Death: The Cruzan Case

Hastings Law Journal, Vol. 42, 1991
Number of pages: 43 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Henry J. Bourguignon and Susan R. Martyn
University of Toledo College of Law and University of Toledo - College of Law
Downloads 48 (741,402)

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Cruzan, State Interests, Competent Patients, Incompetent Patients, Surrogate Decision Makers, Quality of Life, Slippery Slope, Harlan, Family Relationships, Federalism

41.

Are We Moving in the Right Dimension? Sadducees, Two Kingdoms, Lawyers, and the Model Rules of Professional Conduct

Valparaiso Law Review, Vol. 34, 1999
Number of pages: 49 Posted: 10 Jul 2008 Last Revised: 11 May 2012
Susan R. Martyn
University of Toledo - College of Law
Downloads 35 (835,296)

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Two Kingdoms, Luther, Niebuhr, Bonheoffer, Ethics 2000, Confidentiality, Fraud, Self-Defense, Fiduciary Duty, Conflicts of Interest, Writing Requirements, Informed Consent, Screening, Contact with Represented Persons

42.

Book Review: Rhode's Reforms

Georgetown Journal of Legal Ethics, Vol. 15, p. 143, 2001
Number of pages: 13 Posted: 15 Jul 2008
Susan R. Martyn
University of Toledo - College of Law
Downloads 23 (942,286)

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Plato, Rhetoric, Partisanship, Moral Values, Confidentiality, Alternative Dispute Resolution, Unbundled Legal Services, Zealous Representation, Role