Syllabus - Intro to the U.S. Legal Profession - Fall 2022

 Syllabus - Introduction to the U.S. Legal Profession Fall 2022 [Highlighted bold type is hypertext!]]

Prof. George W. Conk

Rules of Professional Conduct and Standards of Conduct 
Effective April 1, 2009
As amended through June 10, 2022
With Comments as amended through August 2, 2022

George W. Conk                                                        Room 7-179

Adjunct Professor of Law                              gconk@law.fordham.edu

                    

Senior Fellow - Louis Stein Center for Law & Ethics                                                                                                       

 Syllabus

Introduction to the U.S. Legal profession

Fall 2022

 Wednesdays | 06:30PM – 09:20PM | Room 4-09

 

Casebook: Jefferson, Pearce, et al.

Professional Responsibility – a Contemporary Approach

 (4th Edition) ISBN 978-1-64242-285-6

West Academic Publishing (2020)

eBook  Register at eproducts@westacademic.com  

 

Recommended:

The Law Governing Lawyers – Model Rules, Standards, Statutes, etc. 2021-2022 edition

Susan E. Martyn, et al.

Aspen Publishing: ISBN 978-1-5438-4151-0

 

The full text of the ABA Rules and Comments can be viewed at:

 American Bar Association Model Rules of Professional conduct - with comments

Or you may buy the ABA Model Rules of Professional Conduct book or install the ABA model rules app.

You may find adequate for almost all purposes the New York Rules of Professional Conduct published by the New York State Bar Association. (current through 2021)

 

 Week 1: Chapter 1 Introducing Professionalism and Legal Ethics

SLIDES - Introduction to the US Legal Profession - part 1, Ch. 1

Licensing and disciplinary authority

Read:

Model Rules of Professional Conduct- ABA [Rules only – NOT Comments]

 

Rudy Giuliani suspension – New York Supreme Court Appellate Division First Department

Federal Rules of Civil Procedure  Rule 11(b) - Sanctions  for litigation misconduct

Elements:

(1) the document is not presented for an improper purpose (harassment, unnecessary delay, needless increase in cost); (2) the claims are warranted by existing law; (3) the allegations have evidentiary support or are likely to have such support after a reasonable opportunity for investigation or discovery; and (4) any denials of factual contentions are warranted on the evidence or are reasonably based on a lack of information or belief.

King v. Whitmer - sanctions for groundless litigation to overturn Michigan election

ABA Model Rules of Professional Conduct Rule 3.8 Special Responsibilities of Prosecutors

Kings County (Brooklyn) District Attorney Post Conviction Justice Bureau

 

Rule of Law and the lawyer’s role

The Role of the Attorney General in the Government of the United States - Office of Legal Counsel, U.S. Department of Justice, February 10, 1982

Read Casebook pages 10-13

Compare: China

Read blog posts:

https://blackstonetoday.blogspot.com/2021/01/chinas-cp-releases-new-set-of-npc.html

https://blackstonetoday.blogspot.com/2015/09/aba-response-to-lawyer-detentions-in.html

 

Constraints on Lawyers Free Speech - Kathleen Sullivan (1998)

Week 1: Part 2

SLIDES Chapter 2, Part 1

Begin Chapter 2 The Basic Elements of Law Practice- Unauthorized practice, Creating, terminating the attorney-client relationship, allocating decision-making between attorney and client

Read pages 22-48

Questions 2-2, 2-3

 

Week 2: Continue Chapter 2

SLIDES - Ch. 2, part 2

SLIDES Ch. 2 Part 3

Unauthorized practice by lawyers, Creating and Ending the attorney-client relationship, Competence – malpractice and ineffective assistance of counsel

Read pages 54-116

Questions Q2-4 through Q2-6; Q 2-7, 2-8; 2-9;2-10, 2-11; 2-12 to 2-14; Malpractice liability 2-18;2-19

NJ Supreme Court solicits advice on retainer agreements compelling arbitration of attorney malpractice claims.

 

Week 3: Conclude Chapter 2,

Principles governing the attorney-client relationship

Read: pages 117-144

Questions 2-20 through 2-24

 

Week 4

Chapter 3 The Business, Technology, and Marketing of Legal Services, Finding clients, Fees and billing, Solicitation and Advertising

Read pages 161-192

SLIDES Ch. 3 The business, technology and marketing of legal services

SLIDES - Ch. 3 - A Reasonable Fee

NJ Supreme Court Ethics Committee on Attorney Advertising, Opinion 48 - comparative awards must be verifiable.

Questions 3-1  through 3-7

Read Alexander v. Cahill (2d Cir. 2010)

New York contingent fees rules - 22 CRR-NY 806.27 Contingent fees in claims and actions for personal injury and wrongful death.

 42 USC 1988 Proceedings in Vindication of Civil Rights

 Professional civil liability "legal malpractice"

SLIDES  Professional Civil Liability - "legal malpractice"

SLIDES Professional Liability Insurance


 

Week 5

Begin Chapter 4 Attorney-client privilege and the Duty of Confidentiality

Who `owns’ the privilege, the work-product privilege, the `crime-fraud’ exception

SLIDES - Attorney Client privilege - part 1

Read pages 231-269

Questions 4-1 through 4-5

 

 Waiver of Attorney Client Privilege 

 

Read: pages 270-285

Questions 4-6 through 4-8

SLIDES Ch. 4 part 2 Exceptions to confidentiality

The crime fraud exception: Trump lawyer Eastman denied assertion of attorney client privilege.

 

Week 6: Chapter 4 Confidentiality

Attorney Client Privilege and the Duty of Confidentiality

 SLIDES - Exceptions -disclosures of criminal or fraudulent client conduct, attorney self defense

Read

Rule 1.6 scope and exceptions

Page 286-309

Questions 4-9 through 4-14

 Donald J. Trump v. United States of America – DOJ reply on motion to stay order for Special Master

 

Week 7:  Chapter 5 Conflicts of Interest; multiple clients, aggregate settlements, conflicts between interests of the client and the attorney

SLIDES - Conflicts - part 1

Read pages 311-341

Questions 5-1 to 5-10

 

Week 8 Complete Chapter 5 – Lawyer advocate as witness; Representation adverse to a former client; Lawyers as neutrals; Vicarious Disqualification under RPC 1.10; Conflicts in criminal defense cases

SLIDES - Conflicts Part 2 

Read pages 342-380

          Questions 5-11 through 5-25

 


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