PROFESSIONAL RESPONSIBILITY
Summer 2015
Monday/Wednesday 6:15-9:00
Law Center Room 403
Professor Robert Rubinson
Angelos Center, Clinical Law Offices, Office 420
410-837-4094
E-mail: [email protected]
OFFICE HOURS: I prefer to arrange meetings in advance. My office is located in the Clinical
Law Offices in the Angelos Center. I will accommodate any student’s schedule in order to
arrange a meeting.
GOALS FOR THE COURSE:
 Learn to identify ethical issues as they arise in practice.
 Gain familiarity with the ABA Model Rules of Professional Conduct and, when relevant,
how state rules differ from the Model Rules.
 Engage in a critical analysis of the Model Rules, including the policies underlying them.
 Explore crucial issues facing the legal profession and its societal role, with a particular
emphasis on providing access to justice.
 Reflect on the personal and professional choices available to law students and lawyers.
REQUIRED TEXTS: Lisa Lerman & Phillip Schrag, ETHICAL PROBLEMS IN THE PRACTICE OF
LAW (3D ED.)
ETHICAL PROBLEMS IN THE PRACTICE OF LAW: MODEL RULES, STATE
VARIATIONS, AND PRACTICE QUESTIONS (Lisa G. Lerman, Philp
G. Schrag & Anjum Gupta, eds.) (2015-2016 ed.)
NOTE: All students must obtain both the most recent editions of both texts. Printouts or copies
of the ethical rules from databases or other sources are not permitted.
ASSIGNMENTS: Assigned readings are set forth below. Readings will be supplemented with
materials on the course TWEN site. Unless noted otherwise, assignments in the MODEL RULES
book refer to the Rule number of the current version of the American Bar Association's Model
Rules of Professional Conduct. When assigned a Rule to read, you should review both the
assigned Rule and skim the “Comments” associated with the assigned Rule. Sometimes the
syllabus lists specific Comments to read. For the Lerman/Schrag text, you need not read the
“Problems” in the text unless noted in this syllabus. Please be sure to bring both assigned texts
to each class.
WEB PAGE: This course has a TWEN page through Westlaw. The page will include this
syllabus and future revised syllabi, readings, and other materials. The site will also facilitate email communications, including messages about the substance of the course and, if necessary,
announcements about class cancellations or make-up classes.
GRADES: 80% of your grade will be based on a final in-class examination. The exam may
include matters covered in class or in the assigned readings whether or not we discuss the
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readings in class. You may bring the STATUTORY SUPPLEMENT text with you to the exam, but
the text cannot contain full outlines. Highlighting, underlining, and cross-referencing are
permissible. You may not bring any other materials to the exam. Please consult with me if you
have questions regarding what notations in the text are permissible.
20% of your grade will be based on an in-class, 45 minute multiple choice midterm
examination. The examination will cover secrecy and conflicts of interest. You may bring the
STATUTORY SUPPLEMENT text to the examination.
Additional grading adjustments:
Preparation and participation are essential to your success in the course. These are key
components of professionalism as well. I retain discretion to reward strong class participation by
raising your grade one-half step if your point total is approaching the next highest grade. Please
note that the most important factor is assessing class participation is quality, not quantity.
Attendance in class is crucial. I will distribute an attendance sheet each class. ONLY
THE LISTED STUDENT MAY SIGN THE ATTENDANCE SHEET. Apart from exceptional
circumstances, I will deem all absences unexcused unless I receive notice by email, telephone, or
some other means prior to or within twenty-four hours after an absence. I retain the discretion to
reduce your grade by one-half step in light of excessive unexcused absences and/or excessive
tardiness. This is separate from other consequences recommended or mandated by School of
Law attendance policies.
Laptops in class are to be used solely for note taking or access to class materials that are
being discussed. Use of laptops for other purposes is unprofessional, disrespectful, and
distracting to other students. A violation or violations of this rule may result in prohibiting the
use of the laptop and/or a reduction of your grade by one-half step.
ASSIGNMENTS
I.
INTRODUCTION TO PROFESSIONAL RESPONSIBILITY AND THE
REGULATION OF LAWYERS
5/18
Views of the Legal Profession; Sources of Law; Reporting Misconduct
Malpractice
Readings: Lerman: pp. 43-51; 100-105; 111-120; Problem 2-3
Statutory Supplement, Rules 5.1, 5.2, 5.3, 8.3
II.
ELEMENTS OF THE ATTORNEY-CLIENT RELATIONSHIP
A Timeline of Representation; Competence and Diligence
Readings: Lerman: pp. 280-291; 370-372
Statutory Supplement, Rules 1.1, 1.2(c), 1.3, 1.4, 1.16
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5/20
Introduction: Confidentiality
Readings: Lerman, pp. 160-173, Problems 3-1, 3-2
Statutory Supplement, Rule 1.6
Introduction: Confidentiality/Exceptions to Confidentiality
Readings: Lerman, pp. 173-185, Problems.3-3, 3-4, 3-5
Statutory Supplement, Rule 1.6
5/27
Exceptions to Confidentiality Continued
Readings: Lerman, pp. 185-200, 220-225, Problem 3-7
Statutory Supplement, Rule 1.6
Confidentiality: Financial Harms and Organizations
Readings: Lerman, pp. 201-202; 207-210; 217-220; 435-436; Problem
3-9
Statutory Supplement, Rules 1.2(d) and Comment [10],1.13(a), (b),
(c) and Comment [2]
6/1
Attorney-Client Privilege
Readings: Lerman, pp. 231-253; 265-271
Secrecy: Review
Readings: Lerman, 227-228, Problem 3-9
“Secrecy – In Class Review Problem” (TWEN)
“Secrecy - In Class Review Problem - Organizations” (on TWEN)
6/3
III.
The Client Perjury Problem
Readings: Lerman, pp. 655-665; 668-671
Statutory Supplement, Rules 3.3, 8.4
CONFLICTS OF INTEREST
Introduction to Conflicts of Interest
Readings: Lerman, pp. 380-412, Problems 6-1, 6-3
Statutory Supplement, Rules 1.7, 1.8 (skim), 1.9(a), 1.10 (a)
6/8
Concurrent Conflicts
Readings: Lerman, 425-428; 439-447; 450-469
Statutory Supplement, Rules 1.7, and Comment 6, 1.8
In Class Problem – Concurrent Conflicts (TWEN)
Concurrent Conflicts/Conflicts in Representing Organizations
Readings: Lerman, pp. 428-434
Statutory Supplement, Rule 1.7, 1.9, 1.10 (a), 1.13(f) and (g)
In Class Review Problem: Concurrent Conflicts of Interest (TWEN)
In Class Review Problem: Organizations (TWEN)
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6/10
Successive Conflicts
Readings: Lerman, pp. 472-494
Statutory Supplement, Rule 1.7, 1.9(a) and (c), 1.10 (a), 1.18;
Problem 8-1
Readings: In Class Conflicts Review Problem (TWEN)
Midterm Review Questions (TWEN)
6/15
MIDTERM
Guest Speaker: Glenn Grossman, Bar Counsel of Maryland
IV. THE ADVERSARY SYSTEM
6/17
The Adversary System: Truth and Advocacy; Witness Preparation
Readings: Lerman, pp. 644-654; 716-719; 675-677; 679-682
“A Tragic Fire – A Great Cross-Examination” (TWEN)
Statutory Supplement, Preamble, Comment [9]; Rule 1.3 Comment
[1]; Rules 3.1, 3.2, 3.4(b), 3.8, 4.4.
Client Counseling and Allocation of Authority
Readings: Lerman, 334-338
Statutory Supplement, Rule 1.2(a),1.4, 2.1
Robert D. Dinerstein, Client-Centered Counseling: Reappraisal and
Refinement (TWEN)
6/22
Clients with Diminished Capacity; Communicating with Represented and
Unrepresented Persons
Readings: Lerman, pp. 346-348; 353-366; 747-751; 758-762; Problem 5-5
Cronin v. Eighth Judicial District (TWEN)
Statutory Supplement, Rules 1.14, 4.2, 4.3
VI.
NEGOTIATION
Negotiation Ethics
Readings: Lerman, pp. 741-744
Statutory Supplement, Preamble Cmt. [2]; Rules 3.1, 4.1, 4.1 Cmt. [2]
VII.
THE BUSINESS OF LAW
6/24
Hourly Fees
Readings: Lerman, pp. 524-538; 545-566
Statutory Supplement, Rule 1.5
Multidisciplinary Practice/ Fee Splitting/Contingent Fees/Lawyer’s Personal Interests
Readings: Lerman, pp. 566-589; 925-931; 593-605
Statutory Supplement: Rule 1.5, 5.4, 1.8
Disciplinary Counsel v. Smith (on TWEN)
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6/29
Marketing and Solicitation
Readings: Lerman, pp. 906-918
Statutory Supplement, Rules 7.1-7.5
VIII. THE DISTRIBUTION OF THE RESOURCES OF DISPUTE RESOLUTION
Unauthorized Practice of Law/Multijurisdictional Practice/Distribution of Legal
Resources
Readings: Lerman, pp. 790-807; 919-925; 839-846
Excerpt from Rubinson, A Theory of Access to Justice (on TWEN)
Statutory Supplement, Rule 5.5
Supreme Court of Washington Order (TWEN)
7/1
IX.
The Pro Bono; Admissions to the Bar
Readings: Lerman, pp. 824-839; 855-857; 56-71
Statutory Supplement, Rule 6.1
Statutory Supplement, Rule 8.1
Maryland Character Questionnaire (Excerpts on TWEN)
NEW TRENDS IN ADVOCACY
ADR and Collaborative Lawyering
Readings: ABA Ethics Opinion 07-447: Ethical Considerations in Collaborative
Law Practice (TWEN)
Robert Rubinson, Client Counseling, Mediation, and Alternative
Narratives of Dispute Resolution (TWEN)
Statutory Supplement, Rules 2.1, 2.1 Comment [5], 2.4
7/6
Exam Review
Prepare “In Class” Review Problems on TWEN
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