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Joyce Martin firstname.lastname@example.org 513-289-0876 Course Schedule: Class will meet on Wednesdays, 5:45-7:45, McDonough Hall, room number 200, except as otherwise noted on the schedule. Course Description: Through applying ethics rules to factual scenarios, we examine ethical issues that legal practitioners face. We will spend a majority of the course working through three major areas: (1) the attorney/client relationship, including confidentiality, loyalty, and other duties; (2) conflicts of interest; and (3) ethics in advocacy. Our primary focus will be the American Bar Association’s Model Rules of Professional Conduct, although we will occasionally refer to the older Model Code of Professional Responsibility and state variations, including the D.C. Rules, when relevant to our discussion. Materials: The casebook is Lerman and Schrag, Ethical Problems in the Practice of Law (2d edition). We will also occasionally provide handouts for subsequent class discussions. You should work through the problems in the casebook and be prepared to discuss them in class. You will need a compilation of the Model Rules and comments. We recommend the one published by the ABA, which is available from the bookstore, but you may use other 2010 compilations. To allow you to understand the real-life implications of the rule, we will provide the hearings and oral arguments schedule of the DC Board of Professional Responsibility for fall, 2011. Hearings and arguments are held at 430 E St. NW. Attendance is voluntary but will have relevance for class discussion. Justin Castillo email@example.com 703-855-7994
Many problems require at least half an hour of study time before class for you to be minimally prepared to discuss them. cases and articles. you also should review the counterpart ethics rule of the state in which you are most likely to practice. In addition. The questions will assume familiarity with the Model Rules. and anything discussed in class. Fall 2011 Joyce Martin jmm385@law. For many problems there are many relevant rules and often multiple conflicting arguments that could be made about how the rules apply. Comparison to state rules: When you read each Model Rule.” your lack of attendance will affect significantly your participation component. The remaining 20% of your grade will be based on your participation in class discussions.edu 513-289-0876 Preparing for class Most of your prep time should be spent puzzling through the problems that are assigned for the next class. Consider each problem as a practice exam question.georgetown. If you miss a session. please check with your classmates to find out where we left off. Don’t rely only on the black letter language of the rule. Also consider the comments and the discussion of the relevant rule in the text. Quality is valued above quantity. pick one likely state for comparative study. While we don’t “take roll. If you don’t know where you will practice. The format will be one or two factual scenarios requiring in response an essay analyzing the ethics issues. Make a written outline listing the applicable rules of law and noting the possible arguments. we may have one or two questions requiring a shorter answer of a several paragraphs or more.edu 703-855-7994 . Grade: Eighty percent of your grade will come from an OPEN BOOK final examination.Professional Responsibility Law J-361-07. In evaluating the problems. If you Justin Castillo jgc58@law. the reading assignments. you should routinely use the text and the supplement to identify the rules or other law that are pertinent to a problem and to explore what arguments might be made about how the relevant law applies.georgetown. Take time to think through the answers to the questions posed after the problems.
In some states.edu 703-855-7994 have no idea where you will go.edu 513-289-0876 Justin Castillo jgc58@law. Please call or email in advance to arrange a meeting.georgetown. New York and California are often quite different from the Model Rules. comparative study of the state rules and the Model Rules is worth your while. so if you intend to practice in one of those jurisdictions. If you wish to discuss something confidentially.Professional Responsibility Law J-361-07. Office Hours: We plan to be in room 2000 by 5:30 pm every Wednesday. use the DC Rules for comparison. Fall 2011 Joyce Martin jmm385@law. We will also be available most evenings to stay after class to meet with you.georgetown. The rules in DC. we can find a room nearby. . the rules are very similar to the Model Rules or will be upon completion of a pending rules revision.
Fall 2011 Joyce Martin jmm385@law. 5.1 and comment 1 Class 2 . Legislatures. 96-111 (Problem 2-1 “The Little Hearing") Duty to Report MR 8.September 7: Conclusion of Problem 1-1 Courts.edu 703-855-7994 Reading Assignments and Course Outline Class 1 – August 31: Introduction Syllabus Outline of course Casebook introduction Professionalism Lerman & Schrag (L&S) 1-6 Regulation of Lawyers Institutions that regulate lawyers L&S 20-32 Admissions L&S 49-63 (Problem 1-1 “Pot”) Model Rule (MR) 8.georgetown.3 Subordinate/Supervisor responsibilities MR 5. State Bars Sources of law for professional responsibility L&S 36-43 Preamble and Scope of the ABA Model Rule of Professional Conduct Discipline L&S 75-86.1.georgetown.edu 513-289-0876 Justin Castillo jgc58@law. .Professional Responsibility Law J-361-07.5 1 Read the rule and accompanying comments unless otherwise indicated.2 (Rules only) Unauthorized practice MR 5.
georgetown.14 (only rule). “The Candid Notes") Class 4 .Professional Responsibility Law J-361-07.16.edu 513-289-0876 Class 3 .georgetown. L&S 321-325 (Problem 5-4 “The Package Bomber”) Autonomy Client with Diminished Capacity MR 1. 164-171 (Problems 3-1.4 Agency MR 1.4 Past Conduct L&S 152-159.2. 3-3.September 21: Duties Competence MR 1. “Missing Persons #2”) Justin Castillo jgc58@law. L&S 326-333 (Problem 5-5. “Missing Persons #1” and 3-4.September 28: Confidentiality MR 1.September 14: Multi-State practice and choice of law MR 8. “Your Dinner with Anna #1”. MR 1-2(d).6. “Vinyl Windows”) Mid-Semester Course Evaluation Class 5 .18 Corporate context Termination MR 1. Fall 2011 Joyce Martin jmm385@law. 3-2.3 Informing client 1. “Your Dinner with Anna #2”.edu 703-855-7994 . L&S 346-350 (Problem 5-8.5 Lawyer-Client Relationship Who is the client? L&S 266-76 Prospective client MR 1. MR1.1 Diligence 1.
13. L&S 371-74 Class 9 – October 26: Successive conflicts . 396-404 Government as client (Problem 4-4.georgetown.1-1.4 Crime Fraud Exception L&S 233-236 Death of Client L&S 240-244 (Problem 4-3. L&S 359-365. “Police Brutality #3) Imputation of concurrent conflict MR 1. “World Wide Bribery”) Class 7 – October 12: Duty of Loyalty – Conflicts of Interest L&S 352-359 Concurrent conflicts Client-Client MR 1. 212-213 (Problem 3-9. “I Thought You Were My Lawyer” and 6-3. “Police Brutality #2” and 7-4.10. “The Dead Murderer”) Corporation as client MR 1.7-1. Fall 2011 Joyce Martin jmm385@law. “Rat Poison”) Class 6 – October 5: Inadvertent Disclosure Attorney-Client Privilege L&S 216-231.georgetown. L&S 256-260. 374380 (Problems 6-2.edu 513-289-0876 Justin Castillo jgc58@law. “The Injured Passenger #2) Fee Sharing Class 8 – October 19: Multiple representation L&S 406-417 (Problems 7-3.Professional Responsibility Law J-361-07.8.edu 703-855-7994 Future Conduct L&S 176-178. 187-196. M-R 1.
10 L&S 474-481 (Problem 8-4.Professional Responsibility Law J-361-07. “The Fatal Shot”) Class 10 – November 2: Government lawyers MR 1.4.3.georgetown.11. Fall 2011 Joyce Martin jmm385@law. “A Dysfunctional Family Business”) Imputation of successive conflict MR 1.1. “A Trip to Monte Carlo”) Class 11 – November 9: Ethics in Advocacy Adversarial ethics Meritorious claims MR 3.9. L&S 436-457 (Problem 8-1. L&S 563-76 (Problem 10-1. L&S 594-99 0 Candor toward tribunal MR 3.8. L&S 547-561 (Problem 9-4.edu 703-855-7994 Former client MR 1. “Child Pornography”) Destruction of evidence Special responsibilities of prosecutors MR 3.georgetown. 619-627 Class 12 – November 16: Fairness to opposing side MR 3. L&S 634-43 (Problem 11-7.edu 513-289-0876 Justin Castillo jgc58@law. L&S 713-723 Trial tactics . “A Lawyer for Libya”) Attorney-Client conflicts MR 1. L&S 605-607.8. “Keeping in Touch”) Transient Lawyer L&S 469-73 (Problem 8-3. “Starting a Business”) Disqualification of Judges L&S 583-87 (Problem 10-2.
MR 8. 689-694 Contacts with represented parties MR 4. MR 184.108.40.206.1-4.4. Fall 2011 Joyce Martin jmm385@law.Professional Responsibility Law J-361-07.4.georgetown. L&S 650-665 Advertising GULC Review Final Review Session Exam: TBA Justin Castillo jgc58@law. 3. “The Complaining Witness”) Fairness to third parties MR 4. “Small Claims”) Trial publicity MR 3.2.4 L&S 694-698 Unrepresented parties MR 4. L&S 705-710 (Problem 12-2.edu 703-855-7994 .georgetown.3. L&S 680-683. L&S 711-713 (Problem12-3.edu 513-289-0876 Class 13 – November 30 Civility Codes Dealing with third parties Negotiation MR 4.
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