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S y l l a b u s

Professor John Potts

Spring 2002

(subject to change)
Page last modified Wednesday, April 3, 2002, 1:00 P.M..

 

Course Description

The Course Description link is to the law school's generic description for this course, regardless of which section you take or who teaches it. It may be further described as follows.

The course covers the ethics rules of the legal profession and their interpretation by the courts. It also covers, to a limited extent, the underlying ethical system or systems of which the rules may be seen as a manifestation.

Thus,we will consider the lawyer as a virtuous man or woman. Who, after all, would trust a person armed with "the law" but who lacks virtue?

Rules are not merely starting points for further analysis. Rules are conclusions that have been reached for reasons. The reasons must enliven such further analysis if we are to achieve the purpose of the idea of ethics - indeed, if we are to live the idea of law. The ethics rules are an aid.

We will spend significant time, however, dealing with the all too practical rules themselves, their meaning and their interpretations.

From time to time more information will be posted here.

Consider reading, although it is not assigned, the Elaine Scarry book "On Beauty and Being Just." It is a small book, only 124 pages of text, plus endnotes.

Syllabus

Required Texts:
1. Schwartz, Wydick & Perschbacher, PROBLEMS IN LEGAL ETHICS
(West 5th ed. 2001)

2. Professional Responsibility Standards, Rules & Statutes (West, Latest Abridged ed.)

3. Web article on moral foundations of law. Web address given in first class.

At the beginning of all chapters save the first in the Schwartz casebook, you will find a list of the Model Rules and Model Code sections which are pertinent to the topic being covered. They should be carefully reviewed and studied along with the material in the casebook in preparation for class.

Attendance and diligent preparation are essential for success in this class. You will be called on at random and are expected to have read and prepared the assigned material. There will be a scheduled, closed book, two (2) hour examination at the end of the semester; it may be either multiple choice or essay or a combination of multiple choice and essay.

When we spend more than one class on a single chapter, the entire chapter is assigned for each of the classes. We will first cover substance, then application.

The syllabus will be adjusted as we get a sense of our pace. All chapter references below are to the Schwartz casebook.

Week 1, January 7-11

Monday

Chapter 1, Introduction to Legal Ethics, pp. 1-27

The philosophical/moral foundations of law are addressed in this chapter, if briefly. To supplement the material, a web arrticle on the moral foundation of law is assigned. I plan to discuss it and the materials in Chapter 1, among other things, today, although the web article need not be read until Thursday. The philosophical/moral foundations of law constitute a large subject, to which we can devote only brief time in this class. Part of the subject is covered more extensively in Jurisprudence.

Address of web article given in class today.

Wednesday

Web article on moral foundations of law. Discussed last time, but read for today.

Chapter 1, Introduction to Legal Ethics, pp. 1-27

Week 2, January 14-18

Monday

Problems in Chapter 1, Introduction to Legal Ethics, pp. 1-27 (continued)

Wednesday

Finish Problems in Chapter 1, Introduction to Legal Ethics, pp. 1-27

Week 3, January 21-25

Monday

No classes. MLK Day.

Wednesday

Chapter 2, Sources and Application of Legal Ethics Rules, pp. 28-49

Week 4, January 28-February 1

Monday

Chapter 3, Beginning and Ending the Lawyer-Client Relationship, pp. 50-79

Wednesday

Problems in Chapter 3, Beginning and Ending the Lawyer-Client Relationship, pp. 50-79 (continued)

Chapter 4, Advertising and Solicitation, pp. 80-107

Week 5, February 4-8

Monday

Class is cancelled.

Wednesday

Problems in Chapter 4, Advertising and Solicitation, pp. 80-107.

Chapter 5, Attorney Fees and Fiduciary Duties, pp. 108-136

Week 6, February 11-15

Monday

Chapter 5, Attorney Fees and Fiduciary Duties, pp. 108-136

Last week we began Chapter 5. We got through Robert L. Wheeler v. Scott. Today we will continue Chapter 5.

Wednesday

Problems in Chapter 5, Attorney Fees and Fiduciary Duties, pp. 108-136

Week 7, February 18-22

Monday

Review ethics rules assigned in Chapter 2 through Chapter 5 in the casebook. (None were assigned in Chapter 1.)

Wednesday

Continue review of ethics rules assigned to date in casebook. We pick up today with Rule 6.1, assigned in Chapter 3.

Week 8, February 25-March 1

Monday

Continue review of ethics rules assigned to date in casebook. We pick up today with Rule 1.8(e), assigned in Chapter 5.

Handy list of assigned ethics rules

Chapter 6 is relatively short. We should complete it today. Previously assigned, it is not new reading.

Chapter 6, Competence, Diligence and Unauthorized Practice, pp. 137-156.

We will begin Chapter 6 by looking at the ethics rules it assigns. Then we will discuss the materials in the chapter, and conclude with analysis of the Discussion Problems.

We should be able to start Chapter 7, Confidential Information, 157-190

Wednesday

Complete Chapter 7, Confidential Information, 157-190

Chapter 8, Candor in Litigation, 191-217

Sunday, March 3, through Sunday, March 17, Spring Break

Week 9, March 18-22

Monday

Chapter 9, Fairness in Litigation, pp. 218-233

Wednesday

Chapter 10, The Trial Lawyer as Truth Seeker, pp. 234-263

Week 10, March 25-29

Monday

Chapter 11, Conflicts of Interest - Lawyers, Clients and Third Parties, pp. 264-292

Wednesday

Chapter 11, Conflicts of Interest - Lawyers, Clients and Third Parties (continued), pp. 264-292

Week 11, April 1-5

Monday

The Legal Profession exam was put on the ExamSoft list as a precaution so that if it an essay exam, then the ExamSoft option will be available. This does not mean that it will be essay exam.

Discuss possible exam format.

Discuss scope of rules review for Wednesday.

Chapter 12, Conflicts of Interest - Conflicts Between Two Clients, pp. 293-320

Wednesday

Chapter 12, Conflicts of Interest - Conflicts Between Two Clients (continued), pp. 293-320

Review ethic rules themselves, from where we left off through rules assigned in connection with Chapter 12.

Week 12, April 8-12

Monday

Review ethic rules themselves, from where we left off through rules assigned in connection with Chapter 12.

Wednesday

Chapter 13, Lawyers in Law Firms and Specialized Practice Areas, pp. 321-349

Week 13, April 15-19

Monday

Chapter 14, Judicial Conduct, pp. 350-369

Wednesday

Perspective, overview, & review.

Week14, April 22-26

Perspective, overview, & review.

Week 15, April 29-30

Monday

Perspective, overview, & review.

Tuesday

April 30, is the last day of classes and follows a Friday schedule. (We do not meet.)

 

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