Professor George W. Conk
Senior Fellow, Stein Center for Law & Ethics
gconk@fordham.edu
Senior Fellow, Stein Center for Law & Ethics
gconk@fordham.edu
Office 8-108
POLICIES
Fall 2024 - FIRST CLASS Thursday February 15
Because of my personal schedule conflict the Final class will be o/a WEDNESDAY, APRIL 24 hybrid in-person or ZOOM. Time and place to be determined.
Thursdays 6:00 - 8:50 pm R oom 4-07
Attendance is mandatory - if you must miss a class please advise me via email before class.
Welcome to Introduction to the Legal Profession.
This class is an introduction to the practice of law in the United States of America, the place and the culture of the legal profession and the 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 such as BARBRI that offers that service.)
Topics include
The crisis of democracy and the legal profession
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
Accountability:
Two hour open book, internet access In-class MPRE style multiple choice exam
The prosecutor’s discretion and the decision to charge; “discovery” - the prosecutor’s duty to disclose mitigating evidence to the defense
Accountability:
Two hour open book, internet access In-class MPRE style multiple choice exam
