; Room 206 Zitrin, Langford, and Tarr, Legal Ethics in the Practice of Law (LexisNexis 2007). ABA Model Rules of Professional Conduct, Other readings assigned during the course of the semester and those identified in the syllabus. INSTRUCTOR: Cullen D. Seltzer, Sands Anderson PC, 1111 E. Main St., Richmond, Virginia 23219; office: 804-783-7235; e-mail: Please send all email to my office email address. OVERVIEW OF COURSE: This course reviews some of the major ethical considerations that confront criminal law litigators. These include ethical considerations surrounding plea bargaining, disclosing exculpatory evidence, representing clients with diminished mental faculties, how to resolve disputes with clients regarding trial tactics, how and when to waive procedural and substantive rights, communicating with clients effectively, and setting and collecting fees. Students will examine these and similar questions by studying case opinions, selected secondary materials, applicable ABA Model Rules of Professional responsibility, and participating in weekly discussion. This two credit hour course meets once a week. ATTENDANCE: Attendance is required. GRADES: Your grade will be comprised of two components. The first component, accounting for 75% of the grade, will be a term paper due on the last day of class. The paper may be about any ethical rule or issue and its implications for criminal law cases. We will discuss in class the range of topics for papers. If you get stuck on a topic, or direction, let me know and we can discuss how to focus your research and writing. The paper should be no more than 20 pages. You should identify and report to me your planned topic no later than Week 4 of the semester. This report should include a citation to at least five sources on which you will rely in your paper for support or argument. Describe, for each authority cited, the authority’s primary purpose for your paper. Once you have a draft of your paper, I am happy to review it at any time prior to Week 12. The sooner you begin planning this paper, the better your work product will be, and the more you will enjoy the research and writing.

2 (Scope of Representation) 7 2/22 Representing the Mentally Ill – Indiana v Edwards Seltzer.2 (Scope of Representation). I will respond as quickly as possible. will be my assessment of your preparation for.16 (Declining / Terminating Representation) 3 1/25 Communication and Confidentiality Zitrin. 330-345 Rule 1. 37-106 Rules 1.3 (Diligence). “Justice in Plea Bargaining” Vol. class discussion. William & Mary Law Review (1998) (posted to Blackboard) North Carolina v. 1. Alford.4 (Communication).com (July 29. 39. accounting for 25% of the grade.6 (Confidentiality) Zacharias. 1. Please feel free to telephone me during normal business hours at my office or send me an e-mail.S. 25 (1970) Rule 3. “Let Them Be Lawyers”. 2008) (posted to Blackboard) Zitrin. and participation in.14 (Client with Impairment) . Slate.3 (Candor to Tribunal) 4 2/1 Plea Bargaining Paper Topic Due 5 2/8 Alford Pleas 6 2/15 Who Controls the Case Zitrin. CLASS 1 DATE 1/11 SUBJECT Introduction to Professional Regulation – Issues that Arise in Criminal Cases Undertaking a Case --READING 2 1/18 Zitrin. 1.1 (Competence). 400 U. 324-333 Rule 1. 107-164 Rules 1. 1.The second component.

4. 83 (1963) Rule 1.6. 4. flat fee representation v. 337 (2000) Rule 6. 4.I. 373 U.4 (Fairness to Opposing Party).S. Maryland.2 (Accepting Appointments) 13 4/11 Mental Health and Substance Abuse issues for the lawyer 14 4/18 Indigent services – court appointed work – pro bono work Paper Due . 373-398 Rule 1. 11 3/28 When People Lie 12 4/4 Economics of criminal litigation – hourly v. Commonwealth.1 (Meritorious Claims). 577-604 Brady v. 3. SPRING BREAK Zitrin. 791-812 Rule 1. Webb v. 3.4 (Responsibility for Third Parties).2 (Expediting Litigation).6 (Trial Publicity) Zitrin. 399-426 Rule 3. phase-based fees Virginia Legal Ethics Opinion 1606 (posted to Blackboard) Zitrin.5 (Fees) Zitrin. 3. 767-790 Virginia Supreme Court Rules Part VI. Paragraph 13. 32 Va.1 (Truthfulness to Others). 3.3 (Candor to Tribunal).3 (Unrepresented Persons).15 (Safekeeping Property). 3. App.3 (Diligence). 4.8 2/29 Investigating and Preparing Cases Rules 1.5 (Impartiality of Tribunal).2 (Communication with Represented Persons).8 (Additional Responsibility of Prosecutors) 3/7 9 3/14 NO CLASS Prosecutors’ Obligations – Brady 10 3/21 How Far is Too Far – Zealous Advocacy Zitrin. 3. Section IV. (Proceedings Upon Attorney Impairment).11 (Special Conflicts for Government Lawyers).

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