Law 6218-15 – Professional Responsibility & Ethics – Fall 2022

Instructor:
Professor Bob Tuttle rtuttle@law.gwu.edu
Stuart 417  (W) (202)994-8163
(M) (202)236-0518

Office hours: Tuesday, 8:30-10am (in office)

Required text:
Martyn, Fox, & Wendel, The Law Governing Lawyers: Model Rules, Standards, Statutes, and
State Lawyer Rules of Professional Conduct, 2022-23 Edition, WoltersKluwer; BUNDLED
WITH CONNECTED QUIZZES. The ISBN for the bundle is: 9798886141481
Information about registration for and required completion of assigned quizzes can be found on
the attached sheet. You will have a unique code in the book for setting up your connected
quizzes account – you must do that to access the quizzes. Once you do that, enter the ID for this
course: TUTTLE282098

As an alternative, you can find the required texts for free online

1) the ABA Model Rules of Professional Conduct is at:

www.americanbar.org/groups/professional_responsibility/publications/
model_rules_of_professional_conduct/
model_rules_of_professional_conduct_table_of_contents/

2) Through Lexis or Westlaw, you can access the ALI Restatement (Third) The Law
Governing Lawyers

If you choose not to purchase the supplement from Aspen, you will still need to purchase
access to the Connected Quizzes, which you can do through:
www.AspenPublishing.com/CQ

Required app and device:

To receive credit for the course you must set up an account and buy a license (at least 1
semester) from Turning Technologies:
https://account.turningtechnologies.com/account/
When you log in for class, you’ll be asked to provide give a course id. Ours is F22PR – because
we are using devices, you likely won’t need to identify that class because the device should
connect your account automatically. When registering for that account (see below) and buying a
license, select device (not remote) as the preferred option for participating. YOU DO NOT
NEED TO BUY A RESPONSE DEVICE – YOU MAY CHECK ONE OUT FROM THE
LIBRARY! Go to the circulation desk and tell them that you’re in this course and need a clicker.
Then enter the device id # in your Turning Tech account. The device id can be found on the
back of the device and is a six digit and/or letter code (such as ABC123 or 967538). You must
use your clicker device to have your responses recorded – and be counted as having attended
class.

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Secondary reference materials (not required):
Hazard & Hodes, The Law of Lawyering
ABA/BNA Lawyer’s Manual of Professional Conduct
Thomas Morgan, Gilbert’s Summary on Legal Ethics (most recent)

Class schedule and attendance policy: Class will meet from 8:20-9:45 am on Mondays and
Wednesdays, from 8/29 until 10/26. I ask that everyone be in their seat and ready to begin class
before 8:20. Showing up after class has started –especially in LL101 – disturbs your fellow
students and the instructor. I expect you to attend every class, and your attendance will be
registered by the response app. If you are absent for more than 6 classes, you will be barred
from the final exam and receive a grade of NC for the course – if you anticipate having more
than 6 absences for reasons that are excused, please contact me as soon as possible.) You are
responsible for tracking your own attendance and should notify me if you are unable to attend so
I can reconcile that with the responses from the clicker devices

Class participation: This course will be taught in lecture format. The course will be
compressed into 9 weeks so we can finish our coverage before the MPRE (see below). Because
of the pace of the class, I ask that you submit most questions by email or approach me after class.
The required form of participation will be through the use of the clickers. I will use the clickers
for regular in-class multiple choice questions and problems. I will also make use of the
Connected Quizzes bundled with your statutes supplement and ask you to complete quiz
questions after we have covered the relevant content. This helps students remain engaged in the
class and allows you to test your knowledge of how the rules apply to particular facts. The
answers will not be graded, but you should use them as a rough guide to your potential
performance on the exam and the MPRE. At the end of every week, I will distribute
explanations for that week’s in-class problems. The connected quiz questions will provide
immediate feedback.

Course objectives:

1) Mastery of the substantive law and ethics rules governing the practice of law
2) Demonstrated ability, as shown through classroom problems, to apply the law and ethics rules
to a variety of contexts of legal practice

Examination information:

The examination is scheduled for Friday, November 4 at 2pm. It will be a two-hour CLOSED
BOOK exam – with 50 multiple-choice questions – based on the lectures, class discussions, and
assigned materials (whether discussed in class or not). The examination will be the sole measure
of your grade in the course (provided that you have complied with the attendance policy).

Disability Support Services:

Any student who may need an accommodation based on the potential impact of a disability
should contact the Office of Disability Support Services (DSS) at: 202-994-8250 located in

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Rome Hall, Suite 102, to establish eligibility. Once a student is registered and deemed eligible
for accommodation, he or she should then contact the Dean of Students Office at 202-994-8320
to coordinate reasonable accommodations (e.g., note-taking assistance, adaptive technologies,
etc.). For additional information please refer to: http://disabilitysupport.gwu.edu/

Recording of Classes:
This course will follow the Law School’s “Class Recording Policy,” available at the Dean of
Students Office website. All classes will be recorded and available for students to view without
seeking permission. But remember that you must notify me if you will miss (or are missing)
class.

About the MPRE:

Most US jurisdictions (including DC) require applicants for bar admission to take the Multistate
Professional Responsibility Exam (MPRE). This semester, the MPRE will be offered on
Monday, November 13 or Tuesday, November 14. The registration deadline is September 14.
To register for the exam, go to: http://www.ncbex.org/exams/mpre/registration/. Register
promptly if you intend to take the test.

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Topics and Readings

A more specific assignment sheet will be posted by Thursday morning in advance of each
week’s sessions. You are also responsible for reading the comments that follow the
assigned Model Rules and Restatement provisions to the extent the book provides
comments following the rules.

1 Introduction, bar admission, professional discipline, unauthorized practice, malpractice

Model Rules: Preamble & Scope, 1.0-1.4, 1.8(h), 5.5 (a)–(b), 8.1, 8.3 – 8.5
Restatement: §§ 1-7, 8, 11, 30, 48-58

2 Life cycle of the attorney-client relationship

Model Rules: 1.0-1.4, 1.16, 1.18
Restatement: §§ 6, 14-15, 20-29, 31-33

3 Legal fees, handling the client’s property

Model Rules: 1.0, 1.4, 1.5, 1.8(a) 1.8(d)-(f), (i), 1.15, 1.17
Restatement §§ 30-47, 126

4 Confidentiality, attorney-client privilege, work product doctrine

Model Rules: 1.0, 1.6, 1.7 comm. [30 & 31], 3.3(a)(3) & comm. [10 & 11], 4.1(b), 4.4, 5.1-5.3
Restatement: Ch. 5 intro note; §§ 59-93 (black letter only on §§ 73-76, 84-85); 98(3)

5 Conflicts: current clients, former clients, imputation & screening, personal interests,
government lawyers
Model Rules: 1.0, 1.7-1.12, 6.2-6.3
Restatement: §§ 121-134

6 Lawyer as adviser, client under disability, representing entities, duties to third parties
Model Rules: 1.0, 1.2, 1.13-1.14, 2.1, 2.3, 4.1-4.4
Restatement: §§ 20, 23-24, 51, 56-57, 94-103

7 Litigation ethics: disclosure of law & facts, trial publicity, duties of prosecutor
Model Rules: 3.3-3.8
Restatement: §§ 105-109, 111-120

8 Organization and operation of a professional practice, marketing legal services

Model Rules: 1.5(e), 5.1-5.7, 7.1-7.3
Restatement §§ 3, 4, 9-13