Professor George W. Conk
Senior Fellow, Stein Center for Law & Ethics
gconk@fordham.edu Room 8-108
Policies: Introduction to the U.S. Legal Profession
Fall 2022 - beginning Wednesday September 13
6:00 - 7:50 pm
Room 4-02
FINAL EXAM Wednesday, December 12, 202235:30 pm
This class is an introduction to the Law Governing Lawyers and the Rules of Professional Conduct (RPCs).
The course is centered on the American Bar Association Model Rules of Professional Conduct on which the Multi-State Professional Responsibility Exam is based.
(Although this class is oriented toward preparation for the MPRE it is not a substitute for a test prep course by one of the private companies that offers that service.)
ACCOUNTABILITY:
Two hour In-class MPRE style multiple choice exam
Two hour In-class MPRE style multiple choice exam
ATTENDANCE is mandatory. I must certify good and regular attendance according to the Section on Legal Education of the American Bar Association.
Classroom participation is welcome and required:
We will use the PollEverywhere App to give each of you the opportunity to practice answering the MPRE-type questions in the assigned casebook reading; and to answer questions I draft for purposes of our discussions in class.
You must register and download the PollEverywhere app.
For registration instructions go to
My email address is gconk@fordham.edu At login you will find that the presenter is georgewconk331.
Topics include
*What are the purposes of the Rules of Professional Conduct and the attorney disciplinary system?
* Basic elements of Law Practice:
Establishing the lawyer-client relationship, unauthorized practice, competence, terminating the relationship
* Basic elements of Law Practice:
Establishing the lawyer-client relationship, unauthorized practice, competence, terminating the relationship
*The duty of competence
Malpractice Liability; Ineffective assistance of counsel
Malpractice Liability; Ineffective assistance of counsel
* Principles governing the attorney client relationship
Allocating decision-making between lawyer and client
Allocating decision-making between lawyer and client
* The Business, technology and marketing of legal services
Solicitation, Advertising
Contingent fees, Court-Awarded Attorney’s Fees
Solicitation, Advertising
Contingent fees, Court-Awarded Attorney’s Fees
* Attorney client privilege and the duty of confidentiality under RPC 1.6
General obligations, exceptions; Simultaneous representation standards - direct adversity, materially limited, reasonable belief, competent and diligent representation, informed consent, waiver, aggregate settlements
General obligations, exceptions; Simultaneous representation standards - direct adversity, materially limited, reasonable belief, competent and diligent representation, informed consent, waiver, aggregate settlements
* Conflicts of Interest
Conflicts between client’s interests and lawyer’s personal interests; lawyer advocate as witness; representation adverse to former client; Lawyer as third party neutral; vicarious disqualification of firm under RPC 1.10 “typhoid Mary, screening; conflicts in criminal cases
Conflicts between client’s interests and lawyer’s personal interests; lawyer advocate as witness; representation adverse to former client; Lawyer as third party neutral; vicarious disqualification of firm under RPC 1.10 “typhoid Mary, screening; conflicts in criminal cases
* Special Ethical Rules - prosecutors
The prosecutor’s discretion and the decision to charge; “discovery” - the prosecutor’s duty to disclose mitigating evidence to the defense
The prosecutor’s discretion and the decision to charge; “discovery” - the prosecutor’s duty to disclose mitigating evidence to the defense
* Code of Conduct of United States Judges
* The special responsibilities of lawyers as officers of the courts to uphold the Rule of Law.
Accountability:
Two hour In-class MPRE multiple choice type exam
Accountability:
Two hour In-class MPRE multiple choice type exam
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