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Required Texts:
1. Robert Cochran and Teresa Collett, Cases and Materials on
The Legal Profession, Second Edition (Thomson/West 2001).
2. Thomas Morgan and Ronald Rotunda, Eds., 2003 Selected
Standards on Professional Responsibility (Foundation Press).
3. John Potts, Moral Foundation of Law. Web address given
in first class.
The Model Rules are assigned by the main text and should
be studied with special care when they come up. The assignment
of Model Rule 8.1 on p. 9 of the text is an example. Handy
list of assigned ethics rules
Attendance and diligent preparation
are essential for success in this class, as they are in law practice.
You will be called on at random with questions, just as you are
in law practice. You are expected to have read, prepared and
otherwise thoughtfully familiarized yourself with the materials
thoroughly.
There will be a scheduled, closed book, two hour examination
at the end of the semester; it is likely to be primarily or exclusively
multiple choice, as is the ethics portion of most bar exams.
The syllabus will be adjusted from time to time, usually
to reflect our progress. All chapter references below are to
the Cochran & Collett casebook.
There are eight chapters of 350 pages in the main text
plus associated Rules and such from Selected Standards. Searching
for a pace, I'd say we will average 15 pages per class,
30 pages per day, 60 pages per week in the casebook. That will
leave the seventh week free to catch up if necessary and for
review.
Summer courses are compressed and go quickly.
Class meets on Tuesdays and Thursdays from 2:40-4:30 P.M.,
May 20-July 3. The Exam is on Tuesday, July 8, 2:30-4:30 P.M.
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Almost any time you would like to discuss the course, I am
available. Just send an email suggesting when you would like
to get together. If I don't have a conflict, I will meet you
at my office. Catch me after class if you want. That will be
a good time most days, unless someone else made an appointment
for that time.
Feel free to send questions by email, too, if you wish. I'll
answer them if I can.
john.potts@valpo.edu
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Daily class assignments, subject to change:
Week 1
Tuesday, May 20
Chapter One -- Introduction To the Legal Profession, pp. 1-24
Address of web article will be given in class today, to be
read for next time.
Thursday, May 22
The casebook page targeted for the end of class today has
not changed. You already read up to page 43. We'll get as far
as we can.
Discussion of Model Rules 8.2-8.5, from Chapter 1.
Chapter 2 -- The Lawyer-Client Relationship, pp. 25-60
Moral Foundation of Law (web address given in class last time)
The philosophical/moral foundations of law are addressed in
the casebook, if briefly. We are reading the web article as a
supplement to the casebook. It was written concerning a particular
area of law, but the concepts are readily transferable. The philosophical/moral
foundations of law constitute a large subject, to which we can
devote only very brief time in this class. Part of the subject
is covered more extensively in Jurisprudence.
Week 2
Tuesday, May 27
At least a couple of students are interested in further discussion
of the death penalty, with which we will therefore begin class.
The relevant material from last time is at pp. 50-53. Those of
you with a special interest in this subject may wish to look
at the 1995 encyclical letter Evangelium
Vitae, by Pope John Paul II. It is not assigned. If
you know of another web source on the death penalty that you
would like me to link, please send me an email and I will consider
doing so.
Also, a student brought up the web article on the moral foundation
of law during class. I responded very briefly, but we can explore
it more too if there is interest.
Chapter Three -- Confidentiality and the Attorney-Client Privilege,
p. 61-86
Thursday, May 29
Ah ha! The item none of us could remember was the Moral Foundation
of Law article. We touched on subjects relevant to it, and our
time was full with what we did discuss last time, but we can
discuss the article itself a bit at the beginning of class today
if there is interest.
Question of the day: Why do we like accountants and corporate
executives?
Chapter Three -- Confidentiality and the Attorney-Client Privilege
(continued), p. 86-95
Week 3
Tuesday, June 3
Question of the day: Things are not always as they seem. A
former student here is color blind. (Red and green.) For much
of his life he did not know that he is color blind. How can that
be?
Chapter Four -- Conflicts of Interest, pp. 97-111
Thursday, June 5
Question of the day: Why isn't there a question of the day?
Finalize discussion of Employers Casualty v. Tilley, pp. 102-110.
Chapter Four -- Conflicts of Interest (continued), pp.111-146
Week 4
Tuesday, June 10
Discussion of basics of corporate and other entity structure,
as background.
Chapter Five -- Lawyer Advocacy and Its Limits, pp. 147-183.
Thursday, June 12
At the beginning of class today, half our classes are behind
us. If you will open your book to the beginning of today's new
reading, p. 183, you will notice that we are over half way through
the 350 page casebook.
Chapter Five -- Lawyer Advocacy and Its Limits (continued),
pp. 183-217
This is where we will discuss directly the rules assigned
in Chapter Five, except the ones previously discussed. Most of
the new rules are not long. The hand out rules list should be
helpful in this regard.
Week 5
Tuesday, June 17
Complete discussion of rules assigned in Chapter Five, beginning
with Rule 3.6.
Chapter Six -- Business Problems In the Practice of Law, pp.
219-248
Thursday, June 19
Chapter Six -- Business Problems In the Practice of Law (continued),
pp. 248-252
Chapter Seven -- Provision of Legal Services, pp. 253-291.
Week 6
Tuesday, June 24
Reminder:
Optional Exercise. Not graded. Please write two
or three multiple choice questions based
on any part of the materials. Do so this
week, before review time. Writing multiple choice questions
can provide insight into the nature of such testing. In addition,
I hope we will have time to discuss some of your questions in
review. If you like, email the questions to me or, if you prefer,
slip them anonymously under my door (or have a secretary give
them to me anonymously if I am there). I will incorporate some
into a web page for all to take for practice. Remember, a multiple
choice question is supposed to have a "right" answer.
And you should be prepared to tell us the right answer and defend
it. Often, the answer and a rule or page reference is sufficient.
Some more difficult questions require a brief further explanation.
Disbarred
Lawyer Must Repay Stolen Money, Plus Double Interest. Some
news sites kill the link or recycle it in a day
Chapter Seven -- Provision of Legal Services (continued),
pp. 253-291. We read this material for last time and began
discussing it. We will continue the discussion today, for up
to 40 minutes. Although we will, to some extent, discuss the
material as a whole, we will discuss two cases serially. On
your own, try comparing Jake Aiken, p. 256, with Gallaher,
p. 248, in the prior chapter. We will discuss Hackin,
p. 274, and Birbrower, p. 279.
Chapter Seven -- Provision of Legal Services (continued),
pp. 291-307
Chapter Eight -- Judges, pp. 308-318.
Thursday, June 26
Optional Exercise. If you are participating, and if
you send your stuff via email, please send it as CONTENT, and
NOT as an ATTACHMENT.
The very brief article, last time, on a lawyer paying back
DOUBLE money plus interest reflected a problem we have discussed.
And the removal of local judges on their own motion led into
Chapter Eight, Judges, which we began last time.
California's
top court limits judges' membership in Boy Scouts. (Some
news sites kill the link or recycle it in a day.) If judges who
are members of the BSA "may have to disqualify themselves
from hearing cases involving homosexual discrimination",
should it be that judges who quit the BSA or declined to join
over the policy "may have to disqualify themselves from
hearing cases involving homosexual discrimination."
Should it be that heterosexual judges "may have to disqualify
themselves from hearing cases involving homosexual discrimination".
Should it be that homosexual judges "may have to disqualify
themselves from hearing cases involving homosexual discrimination."
How can one side judging risk unfairness, or whatever is risked,
and not the other side judging?
The above article, Masonic practices, Knights of Columbus
practices, perhaps Eastern Star practices, those of the Catholic
Church, which I believe she has in common with most Western religions,
and all until recently, blended in with the intertwining of religion
in the BSA article because of common church auspices. These issues
come up in this chapter, if the particulars are different. The
issues might be the same in the Masons, but I am more familiar
with the Knights of Columbus, of which I am a member. Membership
in the K of C requires being 18, male, and a "practical
Catholic". Does this mean that I should not be allowed to
be a judge? In a case alleging discrimination on the basis of
age, or sex. In a case alleging discrimination on the basis of
sexual orientation?
Does it mean that I should not be allowed to be a judge in
a case alleging religious discrimination? In a case that alleges
religious discrimination by or against Catholics?
Does this mean that I should not be allowed to teach ethics?
Does it matter for this purpose whether I think that the California
rule is unethical?
Is one side of the culture debate going to secure victory
be excluding the other side from the discussion?
Does it matter that Ted Kennedy is also in the K of C? (I
know he was until not too many years ago; I do not if his membership
continues today.)
Should atheists be allowed to be judges in cases alleging
religious discrimination? Should only atheists be allowed to
be judges in cases alleging religious discrimination?
Should atheists be allowed to be judges in cases alleging
establishment of religion? Should only atheists be allowed to
be judges in cases alleging establishment of religion?
Should one who denies the Holocaust be allowed to serve on
the bench? Should there be a distinction between a Holocaust
denier and an active Holocaust debunker for these purposes. Should
it be that people in either group "may have to disqualify
themselves from hearing cases involving" ... .
Should a Moslem who believes men should be permitted to have
three wives, and women only one husband, be allowed on the bench?
In a case alleging sex discrimination? Should it matter whether
the Moslem is a man or a woman? (I do not mean to suggest that
all Moslems hold this belief or that all, or even any, Moslem
groups hold this belief.)
How about a Mormon? Same questions. (I do not mean to suggest
that all Mormons hold this belief or that all, or even any, Mormon
groups hold this belief. An early Mormon belief in polygyny was
rejected by the main Mormon group, which now considers polygyny
grounds for excommunication. Current Mormon practitioners of
polygyny call it plural marriage.)
Should it be that graduates of Bob Jones University "may
have to disqualify themselves from hearing cases involving"
... .
Valparaiso University, since its acquisition by Lutherans
in the 1920's, has always had as president an ordained minister
of the Lutheran Church-Missouri Synod. It's a requirement. The
Lutheran Church-Missouri Synod only ordains men (and only Lutherans).
Should it be that graduates of Valparaiso University School of
Law "may have to disqualify themselves from hearing cases
involving" ... .
EDITH C. WEBSTER, Rockford Register Star, June 24,
2003,Church
music director fired over vow refusal -- Some agree with the
decision to dismiss Bill Stein, who wouldn't promise chastity;
others don't. (Some news sites kill the link or recycle it
in a day.) This is here as a practical application of a Church
policy. Does it bear on who should be a judge? Of what cases?
Stirring up certain issues is not my purpose. Inferring that
I agree with the issues would be a mistake. I just think we should
think about the implications for our culture of the issues in
light of current developments.
How the law school got its present nondiscrimination policy
might be a story worth telling, if time allows, since these things
are part of a movement with many manifestations.
Chapter Eight -- Judges (continued), pp. 308-350. We read
the first 10 of these pages last time, so the assignment really
isn't so big.
It is fortunate that 100 minutes is enough time to solve the
problems of the world.
Remember the two or three multiple choice questions you are
writing, if you choose to do so. Please leave them under my door
by Friday (tomorrow) at 5:00 P.M., or email them to me by Saturday
evening. It will be most usable if you include what you believe
are the answers at the same time.
Study this coming weekend as if it is the last before the
exam. It will best prepare us for a profitable last week of review
using discussion, problems, and practice questions.
Note that a practice exam will be available by link on Monday.
Friday, June 27
The practice exam is ready now,
but the link, below, will not be activated until Monday, when
you will have had the weekend to study. If the considerations
of your life suggest to you that you would prefer access to the
practice exam sooner, please let me know by email and I will
make the exam available to you on an individual basis.
Week 7
Monday, June 30
Practice Exam.
Answer the questions on your own any time prior to class tomorrow;
we will to go over the answers in class. You will not hand in
your answers. Further advice appears on the practice exam.
Tuesday, July 1
Review. We will go over the answers to the Practice
Exam.
Thursday, July 3
Review. We will go over the answers to Questions 31-40 of
the Practice Exam.
May a lawyer who "knows" his client is guilty enter
a plea of not guilty on behalf of the client? This pits a defendant's
right to put the government to its proof against a lawyer's obligation
not to lie or participate in another's lie to the court. I raised
this question and addressed it briefly last time. I will address
it further, but briefly, today.
Student Practice
Questions. We might have time to discuss some or all of the
questions.
If time allows, my thinking is that an effort to review some
of the cases may be the best way to spend any remaining time.
Remember, I am available for meetings; just let me know.
Handy list of assigned
ethics rules
Week 8
Tuesday, July 8
2:30-4:30 P.M. Closed book multiple choice exam
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