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Professional Responsibility Syllabus

 

Professor David Hall

Fall 2004

Text: Professional Responsibility, Problems and Materials, 8th Edition, Morgan and Rotunda

 

Call the bookstore (617/373-2286) or Gnomon Copy (617/536-4600) to determine if the course materials are available in advance.

 

The goal of this course is two-fold. First it is vitally important that each of you gain a mastery of the rules which govern the area of professional ethics. In order to become a lawyer in the vast majority of jurisdictions in the United States you will be required to take the Multi-State Professional Responsibility Examination (MPRE). This course will serve as preparation for that exam, and in the process provide you with a deep understanding of the history and current developments in the field of legal ethics. The second goal of this course is to provide an opportunity for each student to engage in personal self-reflection about his or her role within the legal profession. The rules of professional responsibility only serve as a floor for professional ethics. Students must gain an understanding of their own personal foundation upon which this floor is laid. It is that personal foundation that ultimately makes a difference in one’s ability to comply with the rules, and ones ability to find satisfaction and fulfillment in the legal profession. In addition to understanding the foundation and floor of legal ethics, students will also be given an opportunity to imagine and create an aspirational structure that will hopefully house their professional growth. Through discussions and written assignments you will be encouraged to develop a “values roadmap” that will hopefully serve as a guide as you launch your professional career. These twin goals of legal mastery, and personal reflection and development are the cornerstones of the course, and hopefully two important pillars upon which the legal profession can revitalize itself.

 

 

CLASS

DATE

SUBJECT

PAGES

Class 1

Sept.01 

The Legal Profession (Background, Values and Vision)

 01 - 30

Class 2

Sept.08

Regulation of the Profession (Problems 1-2)

 31 - 63

Class 3

Sept.13

Regulation and Lawyer Client Relations (Problems 3-4)

 63 - 94

Class 4

Sept.20 

Billing and Handling Client Property (Problems 5-6)

 95 -127

Class 5

Sept.23

Confidentiality (Problems 7-8)

127-157

Class 5

Sept.27

The Lawyer as Healer and Serving the Whole Client

handout

Class 7

Sept.29 

Loyalty to the Client (Problems 9-10)

158-189

Class 8

Oct. 04

Conflicts of Interest (Problems 11-12)

189-215

Class 9

Oct. 06

Special Conflicts (Problems 13 -14)

215-244

CLASS

DATE

SUBJECT

PAGES

Class 10

Oct. 12

Disqualification and Government Lawyers (Problems 15-16

244-274

Class 11

Oct. 13

Advising Clients (Problems 17-18)   

275-302

Class 12

Oct. 18

Lawyer Contacts and Ethics of Negotiation (Problems 19-20)  

302-335

Class 13

Oct. 20

Lawyer as Evaluator and Client Fraud (Problems 21-22)          

336-367

Class 14

Oct. 25

Ethical Problems in Litigation (Problems 23–24)

368-401

Class 15

Oct. 27

Disclosure and Handling Evidence (Problems 25-26)                  

401-432

Class 16

Nov.01

Client Perjury and Tainted Verdicts (Problems 27-28)                  

432-464

Class 17

Nov.03

The Delivery of Legal Services (Problems 31-32)                        

495-530

Class 18

Nov.08

Pro Bono Obligation (Problem 35)                                                

562-578

Class 19

Nov.10

Voices From the River

 

 

 

 

 

Assignments and Evaluation

 

In addition to the final examination, students will be required to submit two short written assignments which will be part of your overall performance in the class. Both written assignment will be reflective in nature and require you to engage in self disclosure and future planning.

 

 

Assignment #1:                                                                     Due: September 23

Write a brief statement indicating your fundamental values and the fundamental values of the legal profession. If those lists are in conflict, how did you, or how will you, resolve these conflicts?  Briefly describe the sources of your values. Explain how you discovered that source. How will you ensure that you use it on a regular basis as you practice law?

 

 

Assignment # 2:                                                                    Due: November 8

Write a Personal Mission Statement that captures who you are and how you will strive to work and live as a lawyer. Also describe what you plan to do when you confront ethical dilemmas. How will you remain an ethically conversant lawyer when you are in practice?