Syllabus - Spring 2024 Intro to U.S. Legal Profession

Prof. George W. Conk

Senior Fellow, Stein Center for Law & Ethics

 gconk@fordham.edu

Office   8-108

Introduction to U.S. Legal Profession - Spring 2024 Thursdays 6:00 - 8:50 Room 4-07

Class Dates: February 15, 29   [NO CLASS on February 22- follows the  Monday schedule]

March 7, 14, 21 [Easter break March 25 - 29]

April 4, 11, 18

(N.B. No class Thursday, April 25 - final class will be via Zoom at time and date  to be announced)

Final Exam: Thursday, May 9, 2024 5:30PM - 7:30 PM

In person - multiple choice open book internet access 

SYLLABUS (Outline)

 COURSE POLICIES    <<<read this!

REQUIRED BOOKS

ABA Model Rules - 2023 edition 
$34.95 ebook or print

or 


 Martyn ,et al. The Law Governing Lawyers 2023-2024 edition Aspen Publishers

contents include: ABA Model Rules, Restatement of the Law, State Rules, etc.

ISBN - 979-8-8890-6218-9- with connected digital ebook ISBN 9798889062202

Available at Vital Source  ($60) ebook or print

TEXTBOOK

Jefferson, Pearce, et alii Contemporary Professional Responsibility - 5th Edition

Available in hardbound  and/or ebook

In Class Software

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.

Theme:  

U.S. democracy and rule of law in crisis

The law governing lawyers: Licensing, disciplinary, civil, and criminal sanctions

SYLLABUS


 Week 1: February 15

Introducing Professionalism and Legal Ethics

U.S. democracy and rule of law in crisis

Week 1, The structure of professional responsibility: licensing, discipline, civil, and criminal liability

Slides Introducing the U.S. Attorney Discipline System

How the system is structured: NYCourts.gov  - The Legal Profession

Peruse New York Attorney Grievance Committees

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

 For our first class note particularly these ABA Model Rules of Professional Conduct

RPC 1.16 Declining or Terminating Representation April 4, 2020

ABA Model RPC 1.16 AMENDED August 2023

 RPC 3.1. Meritorious Claims and Contentions ,  RPC 3.8 Special Responsibilities of Prosecutors, and RPC 8.4 Misconduct.

SLIDES Crisis of democracy and of the legal profession

Trump attorney and former Mayor of New York City:

Rudy Giuliani  Suspended by NY Court

The Georgia Indictments


The 2020 post-election interference indictments. 

The 2020 post-election interference indictments. Six lawyers alleged to have conspired with then President Donald J. Trump

The Department of Justice's indictment of Donald J. Trump - describes  but does not indict six lawyers.

Fulton County Georgia District Attorney Fani Willis has alleged last year that  six lawyers  conspired with then President Donald J. Trump to obstruct the formal transfer of power.  Three attorney defendants have already pleaded guilty to the Atlanta, Georgia indictment.

Kenneth Chesebro pleads guilty in Georgia - blogpost

FYI

Introduction to - D.C. Bar Disciplinary Proceedings

  [NO CLASS on February 22- follows the  Monday schedule]


Week 2 February 29 

Legal websites; working with non-lawyers; creating the lawyer-client relationship

Read: pages 50-91

Questions 2-1 to 2-6

SLIDES Ch.2, part 1  - Basic Elements of Law Practice (to p.91 and Q. 2-1 to 2-6)


March 7, 2024

Peruse:

New York Courts:  Rules: Registration of Attorneys, In-House Counsel and Foreign Attorneys

Registration of In-House Counsel

Registration of [foreign] Legal Consultants

READ:

SLIDES - ABA Ethics Committee welcomes proposal for nationwide authorization to practice law  

READ Blogpost:  RPC 5.5 Multi-jurisdictional and foreign lawyers practice

Chapter 2 - Unit III and IV 

Questions: 2- 7, 8, 9, 10, 11, 12, 13, 14

SLIDES Creating and Ending the Attorney client Relationship

Questions: 2-15, 16, 17, 18

ABA amends RPC 1.16 - August 2023

 

March 14

SLIDES Legal malpractice

Specimen "malpractice" Professional Liability Insurance Policy 

Chapter 3  March 21

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

SLIDES - Advertising and marketing  start at slide 14

Read: casebook,
Pages 153- 200
Discussion Questions 3-1 to 3-5
In your home country do lawyers advertise?
Work on contingent fee? For a percentage of recovery?
Are prevailing parties awarded counsel fees  On what basis are such fees calculated?


Fee sharing: New Jersey Opinion 745 bars fee sharing with out of state attorneys and others ineligible to practice in the state.


Rumpole of the Bailey - by John Mortimer Barrister, playwright, novelist (1923-2009)
"Never plead guilty"!

Barristers fees - are overseen by the Bar Standards Board of England and Wales 
Our hourly rates start at £200 for the most junior members of Chambers, rising to £525 an hour for more senior members of Chambers in some specialisms. The average fees charged per hour are £200 to £250 plus VAT. Where possible we will provide a fixed fee for a piece of work.  

London Barristers' Fees

 [Easter break March 25 - 29]

April 4 Ch. 3 Business concluded

Model Rule 1.5 Fees

 SLIDES - Reasonable fees, contingent fees


Statement of Client's Rights - Joint Order, Appellate Division of New York Supreme Court 

April 11

Chapter 4 Attorney-client privilege and the Duty of Confidentiality Who `owns’ the privilege, waiver

Read pages 245-299

Questions 4-1 through 4-8

SLIDES - Privileges - Attorney Client and Work Product - Part 1


April   18

Read: Chapter 5 - Conflicts of Interest

Pages 343-378

Questions 5-1 to 5-16

SLIDES Conflicts part 1

 

(N.B. No class Thursday, April 25 - final class will be via Zoom at time and date  to be announced)






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