Syllabus - Introduction to the U.S. Legal Profession Fall 2022 [Highlighted bold type is hypertext!]]
Prof. George W. Conk
George W. Conk
Room 7-179
Adjunct Professor of
Law gconk@law.fordham.edu
Senior Fellow - Louis Stein Center for Law
& Ethics
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
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
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
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.
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
Read
Rule 1.6 scope and exceptions
Page 286-309
Questions 4-9 through 4-14
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
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
Read pages 342-380
Questions 5-11
through 5-25
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