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NORTHEASTERN
UNIVERSITY SCHOOL OF LAW
SEMINAR: PROFESSIONAL RESPONSIBILITY
WINTER, 2004-2005
Instructor: Melinda Drew Office: 27CG Phone: x 3960
Office Hours: Open Door and/or By Appointment
Required Texts:
1) Zitrin & Langford, Legal Ethics In The Practice of Law, Second Edition ("CB"),
2) Zitrin & Langford, Legal Ethics In The Practice of Law: Rules, Statutes And Comparisons, Current Edition
Required Supplemental Readings:
1) Course Packet (ACP@) available at Gnomon Copy
2) Other materials contained on TWEN
Call the bookstore (617/373-2286) or Gnomon Copy (617/536-4600) to determine if the course materials are available in advance.
Assignments:
1) There will be four written assignments (two are quite brief) on which I will give you feedback.
2) Each student will be part of a team which will be responsible for presenting and leading a discussion on one or two in-class problems.
Enrollment: Limited to 14.
Course Description: This seminar is for upper level students who want to improve their analytical and writing skills while simultaneously fulfilling the upper level Professional Responsibility requirement. Through a combination of discussion and writing exercises we will analyze and synthesize cases and statutes relating to legal ethics. We will work on analyzing and using facts and presenting legal arguments in a clear and convincing manner. Finally, we will explore our reactions to the issues that come up in the practice of law and the ethical issues that govern our profession.
This is a workshop style course that emphasizes student participation. Students will be divided into teams which will be responsible for class presentations. Since participation is crucial to the success of this course, regular attendance is required. Failure to attend class regularly will be noted in your evaluation and may subject you to being required to withdraw from the course.
Final Examination: The final exam in this course will be a take home essay exam. We will discuss the exam in greater detail later in the quarter.
NORTHEASTERN
UNIVERSITY SCHOOL OF LAW
SEMINAR: PROFESSIONAL RESPONSIBILITY
WINTER, 2004-2005
Classes, Readings, and Assignments
CLASS
1 Course Introduction and
Overview
11/30 For this class, please read: CB, Introduction, pp. 1-3, 4-12, and 19-29
Discussion : Goals of the Course, Assignments
MBTI - Purpose/Administration
CLASS 2 Topic: Introduction to the Profession and Practice of Law
12/2 Please read:
1) CB, pp. 37-57 (Problem 1 - AHanging Out Your Shingle@)
2) CP: AA Partner=s Advice To Associates,@ AWriting and >rithmetic: Lessons from ACAP,@ and on TWEN: Walsh v. Massachusetts Bd. Of Bar Examiners
Applicable Rules:
Model Rules (AMRs@): 1.1; 1.2; 1.3; 1.4; 1.5
Model Code (ADRs@): 2-103; 2-106; 2-107; 6-101(A); 7-101
Ethical Considerations (AECs@) 7-8
Discussion: Learning Styles (MBTI results)
DUE: Assignment I - Ethical Issue Memo
CLASS 3 Topic: Is a Lawyer Required to Take Every Case?
12/7 Please read CB, pp.
59 - 73 (Problem 2 - AMust
We Take This Case?@) and on TWEN: Cranmore
v. Diviacchi
Applicable Rules:
MRs: 1.2; 1.7; 1.16; 6.1 especially (b)(3); 6.2
DR: 2-109
ECs: 1-1; 2-1; 2-26; 2-27; 2-28; 2-30; 7-1
CLASS
4 Topic: Do You Have A Client?
12/9 Please read CB pp. 77-99 (Problem 3 - AGetting a Client and Getting Paid@) and on TWEN: AUncertain Duty@
Applicable Rules:
MRs:
1.1; 1.2; 1.4; 1.5; 1.8 especially (a), (e), and (j)
DRs:
2-103; 2-106; 5-101(A); 5-103; 5-104(A)
ECs:
5-1; 5-3; 5-5; 5-7; 5-8; and 7-8
CLASS 5 Topic: Communication and Confidentiality
12/14 Please read CB pp. 103-129 (Problem
4 - ARoger Earl Receives Some Evidence@)
Applicable Rules:
MRs:
1.2; especially (d) and Comment, paras. (6) and (7); 1.6; 3.3; 4.1
DRs:
1-102; 4-101; especially (C); 7-102
ECs:
4-1; 4-2; 4-4; 7-1; 7-5; 7-8
and
CB pp. 131-148 (Problem 5 - AWhen Does a Lawyer Talk Too Much?@)
MR:
1.6; 4.4
DRs:
4-101; 7-101
CLASS 6 Topic: Loyalties and Conflicts of Interest
12/16 Please read CB pp. 175-192 (Problem 7
- AWhen Are Two Clients Too Many?)
Applicable Rules:
MRs:
1.4; 1.7; and see 1983 comments 4 and 5 and 2002 comments 5, 8, and
14-20); 2.2 (1983 Rules), 2.4 (2002 Rules)
DRs:
5-105
ECs:
5-18; 5-24
****************HAPPY HOLIDAYS AND
HAVE A GREAT BREAK!****************
CLASS 7 Topic: Loyalties and Conflicts of Interest (Cont.)
1/4/05 Please read CB pp. 197-224 (Problem 8 - AWho Is My Client?@)
Happy New Applicable Rules:
Year! MRs: 1.7, 1983
Comments, paras. 8 and 14; 2002
Comments, paras. 34 and 35; 1.13
DRs:
5-105
ECs:
5-18, 5-24
CLASS 8 Topic: Who Controls the Case?
1/6 Please
read CB pp. 307-331 (Problem 12 - AIs the Lawyer the
Client=s Savior or His Mouthpiece?@)
Applicable Rules:
MRs:
1.2, 1.14, 1.16, 2.1
DRs:
5-107(B), 7-101
ECs:
7-1, 7-7, 7-8, 7-11, 7-12
CLASS 9 Topic: The Lawyer As
Advisor
1/11 Please read CB pp. 565 - 583 (Problem 22 - AWhat=s Most Important - What You Say, How You Say It ... or ...?@) and AToo Close For Comfort@ in CP
Applicable Rules:
MRs: 1.2(d) including Comment, para. 10 of 2002 rules and Comment, para. 6 of 1983 rules); 1.4; 2.1
DRs: 4-101(c); 7-102(A);(6) and (7)
ECs: 7-3; 7-5; 7-6;
7-8
Due: Assignment II - Letter to client
CLASS 10 Topic: The Lawyer As
Advisor (Cont.)
1/13 Please read CB pp. 587-611 (Problem 23 - AAdvising the Corporate Client That=s Made a Mistake@)
Applicable Rules:
MRs: 1.2(d) and Comment; para. 6; 1.4(b); 1.6; 1.13(b); 2.1
DRs: 4-101(C); 7-102(A)(7)
ECs: 4-2; 4-5
CLASS 12 Topic: The Need for
Legal Services
1/18 Please read CB pp. 769-789 (Problem 30 - AThe Economics of Legal Services for Indigent Clients@) and AThe Pro Bono Debate Continues...,@ AHighlights of the SJC Committees Pro Bono Report,@ and APro Bono by the Numbers@ in CP
Applicable Rules:
MRs: 3.1; 6.1; 6.2
ECs: 2-1; 2-2; 2-3;
2-16; 2-24; 2-25; 2-26; 2-27; 8-1
Special Guest:
Attorney Milo Mumgaard, Executive Director, Nebraska Appleseed Center for Law in the Public Interest
CLASS 12 Topic: What Price
Justice?
1/20 Please
read CB pp. 335-358 (Problem 13 - AHow
Far Should Richie Go to Get His Client Off?@)
Applicable Rules:
MRs: 1.1; 1.3 including Comment, para. 1; 3.1; 3.3
DRs: 7-101; 7-102
ECs: 7-1; 7-2; 7-3;
7-19; 7-25; 7-26
CLASS 13 Topic: The Perjury
Dilemma
1/25 Please read CB 361-386 (Problem 14 - AWhen the Client Insists on Lying@)
Applicable Rules:
MRs: 1.2(d) and Comment, para. 6; 1.6; 1.16; 3.3 especially (a)(4) and (c); 3.4
DRs: 4-101 especially (C); 7-102(A)(1); (4) and (6) and (B)(1); 7-106
ECs: 7-5; 7-6; 7-26
CLASS
14 Topic: Tactics; Tricks; Free Speech; And Playing By
The Rules
1/27 Please read CB pp. 417-442 (Problem 16
- AIs Discovery the Survival of the
Fittest?@); article on Inadvertently Receiving
Privileged Material and Amgen Inc. v. Hoechst Marion Roussel,
Inc. on TWEN;
and AIowa Supreme Court Suspends Lawyer=s License For Plagiarism@ in CP
Applicable Rules:
MRs:
1.2(b); 3.1; 3.2; 3.4(d); 4.4; 5.1; 5.2(b)
DRs:
7-101; 7-106(C)(1)
ECs:
7-1; 7-8; 7-9; 7-10; 7-25; 7-27
CLASS
15 Topic: Tactics; Tricks; etc. (Cont.)
2/1 Please read CB pp. 445-465 (Problem 17
- AThe Fine Line Between
Posturing and Lying in Negotiation@) and on TWEN: In re
Kalal and AHard Line On A White Lie@
Applicable Rules:
MR:
4.1
DR:
7-102(A)
ECs:
7-7; 7-10
CLASS
16 Topic: Special Problems of the Government Lawyer
2/3 Please read CB pp. 517-536 (Problem 20
- AMust a Prosecutor Play By Different Rules?@)
Applicable Rules:
MRs:
3.8; 4.2; Comments paras. 1-5 to the 2002 rule
DRs:
1-104(A); 7-103
ECs:
7-11; 7-13; 7-14; 7-18
Due:
Assignment III - Answer to Practice Exam Question
CLASS
17 Topic: The Economics of Lawyering/Advertising
and Marketing
2/8 Please read CB pp. 743-766 (Problem 29
- ACounselors in Action Go for the Gold@)
Applicable Rules:
MRs:
1.5(e); 7.1; 7.2; 7.3; 7.4
DRs:
2.101 through 2.105
ECs:
2-8 through 2-15
CLASS
18 Topic: The Lawyer As Part of the Law Firm Structure
2/10 Please read
CB pp. 637-663 (Problem 25 - AThe Senior Associate=s Serious Dilemma@) and AEthical Legal Writing@ on TWEN
Applicable Rules:
MRs:
1.2; 5.1; 5.2; 8.3; 8.4
ECs: 7-3; 7-5; 7-6; 7-8; 7-17
Due: Assignment IV - E-mail to Client
CLASS 19 Topic: The Lawyer As
Part of the Law Firm Structure (Cont.)
2/15 Please read CB 691-717 (Problem 27 - AIs There a Glass Ceiling as Lawyers Climb the Law Firm Ladder?@), AWomen Lawyers= Exodus Attorneys Cite Long Hours; Inflexibility At State=s Top Practices,@ AMinority Lawyers Hitting Glass Ceiling Attrition Affects Women of Color First, Worst,@ ALook to the Past to Chart the Future,@ and APromoting Diversity in Law Firms and Corporate Legal Departments@ in CP
Applicable Rules:
MRs: Preamble, paras. 5 & 6
CLASS 20 Topic: Mental Health;
Substance Abuse; and the Realities of Modern
2/17 Practice
(Last Class) Please read CB pp. 719-741
(Problem 28 - AA Lawyer
in Trouble and His Friends on the Spot@)
and on TWEN: information on
Lawyers Concerned for Lawyers (ALCL@) in CP
Applicable Rules:
MRs: 1.1; 1.3; 5.1; 5.2; 8.3
DRs: 1-103(A); 7-101; 9-101
ECs: 9-2
You will also find on the TWEN site useful links to other sites about professional responsibility issues.
UPPER LEVEL RIGOROUS WRITING REQUIREMENT - PLEASE SEE INFORMATION ON THE NEXT TWO PAGES IF YOU ARE INTERESTED
Q:\Slaw\Faculty\DREW\Professional Responsibility\Syllabus.w04‑05.wpd
SEMINAR: PROFESSIONAL RESPONSIBILITY
WINTER,
2004-2005
UPPER LEVEL RIGOROUS WRITING REQUIREMENT
For those of you who have not yet completed the upper level rigorous writing requirement mandated by the American Bar Association, I am willing to supervise any third year student who wishes to fulfill this requirement by writing a paper concerning an issue of professional responsibility. I may also be willing to supervise second year students fulfilling this requirement if there are not too many third years doing it.
The text of the requirement as it pertains to course or clinic certification, as set forth on the NUSL website, is as follows:
Rigorous
Writing Requirement
The following new academic rule was adopted by a vote
of the Northeastern University School of Law Faculty, effective April 15, 2003.
Each candidate for the degree of Juris
Doctor shall, in her or his second or third year of study, submit to the Office
of Academic and Student Affairs a hard copy of a piece of writing completed by
the student and certified, as described below, as satisfying the AArigorous writing experience@@ requirement of A.B.A. Standard 302 (a)(2).
A. Standards
To be certified as a piece of rigorous writing, a
student work product will ordinarily be: (1) a well written, carefully edited
and polished piece; (2) reflective of substantial legal research and analytic
engagement with legal and/or scholarly texts; (3) thoroughly and accurately
documented; and (4) a minimum of 10 to 15 pages in length.
B. Certification
In order to satisfy this requirement, the piece of writing
must be certified in one of the two following ways:
1. Course or Clinic Certification
a. A student who produces a piece of writing as part of a
course, seminar, clinic, independent study, moot court, or similar experience
may ask the professor teaching the course or clinic, or supervising the
independent study or moot court, to complete a form certifying that the student=s writing is a competent legal work product that would prove
useful to an attorney working in this field and on this topic, or that it makes
a meaningful contribution to legal scholarship.
b. Certification forms may be obtained from the Office of
Academic and Student Affairs. The student must submit a hard copy of the
writing with the completed certification attached to the Office of Academic and
Student Affairs.
To fulfill the rigorous requirement through this course, the
following will apply:
1. Your goal is to produce a paper that will be sufficiently informative that a lawyer could rely on your advice in practice. To do that, you will need to:
a. Choose a topic of interest to you and approved by me (if you need help with a topic, I will work with you to identify one)
b. Identify issues
c. Perform legal research
d. Use and improve your analytical and writing ability.
2. You should use an interoffice legal memo format, directing the memo to me as the supervising attorney. Your memo should have a statement of the issues, a summary, a facts section, analysis with point headings, and a conclusion.
3. Begin by describing the facts of the problem you have selected, then discuss the relevant law in the following order:
a. the professional conduct rules that govern in your chosen jurisdiction
b. the relevant case law in your jurisdiction (mandatory and persuasive)
c. any state or ABA ethics opinion that addresses the issue
d. the Restatement if it addresses your topic.
4. Your analysis should be properly supported. Use the ALWD Manual for citations. When referring to primary source material (statutes, cases, court rules, etc.) always go to the material itself. Do not rely on quotations from secondary sources. When you quote, paraphrase, rely on or are influenced by someone else=s ideas, cite that author. If you take an idea from another source, even if you express the idea in your own words, you must also cite to the original source to avoid any misrepresentation of the idea as your own. If you are unsure whether or not to cite, err on the side of caution and cite. You may also check with me if you are unsure.
5. Your paper should be 10 to 15 double spaced pages. Footnotes should be at the bottom of each page, not at the end of the paper.
6. Once I have read your paper, I will either certify it as meeting the requirement or return it to you for additional work. If it needs additional work, I will meet with you to discuss what else needs to be done. If you are on co-op, we can discuss this by phone. Unless you are out of the country on co-op, I will prefer a phone discussion to an e-mail discussion because of the inherent limitations of e-mail.