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INTENSIVE COURSE ON LEGAL ETHICS
Prof. Philip M. Genty Columbia Law School
March 2012 Bucharest
Romanian-American University Intensive Course on Legal Ethics Prof. Philip M. Genty Columbia Law School March 2012 This course will focus on the role of the lawyer and legal ethics. Topics covered will be conceptions of the lawyer’s role, confidentiality, conflict of interest, tensions between duties to clients and duties to others (courts, third parties, society), allocation of decision-making between lawyers and clients, and ethical issues implicated by career choices. Classes will be conducted through a combination of lectures, discussions, and simulations. The course will use a variety of materials including ethical codes, articles, case studies, simulation exercises, and video presentations. COURSE READINGS Romanian Law for the Organization and Practice of the Lawyer’s Profession, Chapters I, II, and III (“Romanian Law for Lawyer’s Profession”); Council of Bars and Law Societies of Europe, Charter of Core Principles of the European; Legal Profession and Code of Conduct for European Lawyers (“European Charter and Code”); Gerald Postema, Moral Responsibility in Professional Ethics (excerpt); Stephen Pepper, “The Lawyer’s Amoral Ethical Role...” (excerpt); Lucie White, Subordination, Rhetorical Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G. (excerpt); Confidentiality problem; Conflict of Interest problems; Duty of Honesty problem.
Schedule of Classes (all classes will meet from 9:00 to 11:50 ) Prior to our first class, please read the excerpts from the Pepper, Postema, and White articles in the course reading packet. . Class I Monday, 12 March Introduction to Course; Competing Conceptions of Role of Lawyer Assignments for Class II: - E-mail brief essay about career choice to Philip Genty at email@example.com. (Instructions for assignment to be given in class) - Read Romanian Law for Lawyer’s Profession Articles 1, 2, 10, 33, 34, and 47; European Charter and Code, Principles (a), (b), and (e), §§1.1, 1.2, 1.3, 2.1, 2.3 - Read Confidentiality Problem
Subordination.2.Read Conflict of Interest problems . 38. 13 March Regulation of the Legal Profession.Read Lucie White. and (i). European Charter and Code. G. §3. Principles (d). and Sunday Shoes: Notes on the Hearing of Mrs. (e).Read Romanian Law for Lawyer’s Profession Article 47.1. 4. 15 March The Duty of Honesty: tensions between duties to clients and duties to courts and others. discussion of goals and content of ethical codes Ethical Challenges in the Attorney-Client Relationship: Confidentiality Assignment for Class III .Read Duty of Honesty Problem Class IV Thursday. 16 March 2012 Career Choice and Ethical Implications of that Choice Concluding discussion . §2.Review Essays about Career Choice Class V Friday.Read Romanian Law for Lawyer’s Profession Articles 37.4 .2 . 14 March Ethical Challenges in the Attorney-Client Relationship: Conflict of Interest Allocation of Decision-making Between Lawyer and Client Assignment for Class IV: .2. counseling the client about these tensions Assignment for Class V: . 4. (excerpt) Class III Wednesday. Rhetorical Skills.Class II Tuesday. 3. Principles (c) and (e). European Charter and Code.