Law 115
Legal Skills: Ethics
Spring 2010
Syllabus
Reading assignments refer to sections and comments of Model
Rules of
Professional Conduct and to James
E.
Moliterno, Ethics of the Lawyer’s Work (2d ed. 2003)
Mon.
Feb. 8
Introduction to the Disciplinary
Law of Lawyering
Sources of Law
Admission to Bar
Standards for Discipline
Reading:
8.4 & Comments
Multijurisdictional Practice
Reading:
5.5 (don’t do Comments)
Choice of Law
Reading:
8.5 & Comments
Also read: Moliterno 80-99
Powerpoint slides
Wed. Feb. 10
Creation, Termination and Scope
of the Lawyer-Client Relationship
Forming Lawyer-Client Relationship & Obligations
to Prospective Clients
Allocation of Authority Between Lawyer and Client
Reading:
1.2(a)-(c) & Comments [1]-[8]
1.4
& Comments
1.14
& Comments
1.16(a)(3)
& Comments [4]-[6]
2.1
& Comments
Compulsory Limits on Scope: Facilitating Crime and
Fraud
Reading:
1.2(d) & Comments [9]-[13]
4.1
& Comments
Permissive Rejection of Prospective Clients
Reading:
6.2 & Comments
Permissive and Mandatory Withdrawal
Reading:
1.16 & Comments
Powerpoint slides
Fri. Feb. 12
Problems of Organizational
Clients; Attorney-Client Privilege
Problem of
Organizational Clients
Reading:
1.13(a)(b), (e)-(f) & Comments
[1]-[5], [10]-[12]
Attorney-Client
& Work Product Privileges
Reading:
3.4(a) & Comments [1]-[2]
4.4(b)
& Comments [2]-[3]
Also
read: Moliterno 152-62, 179-90
Powerpoint slides
Mon. Feb. 15
Professional Duty of
Confidentiality
Scope
Reading
1.6(a), (b)(4), (b)(6),
Comments [1]-[5], [9], [12]-[13], [16]-[18]
1.8(b)
& Comment [5]
1.9(c)
& Comment [8]
1.18(a)-(b)
& Comments [1]-[2]
Exceptions
to Duty of Confidentiality: Self-Defense
Reading:
1.6(b)(5) & Comments [10]-[11]
Exceptions to Duty
of Confidentiality: Client Fraud or Crime
Reading:
1.6(b)(2)-(3) & Comments
[7]-[8]
1.13(c)-(d)
& Comments [6]-[7]
4.1
& Comments
Exceptions to Duty of Confidentiality: Bodily Harm or
Death
Reading:
1.6(b)(1) & Comments [6],
[14]-[15]
Also read: Moliterno 190-96
Powerpoint
slides
Wed. Feb. 17
Conflicts of Interests I
Concurrent Conflicts of Interest: General Principles
Reading:
1.7
& Comments [1]-[9], [13]-[21]
Concurrent Representation in Civil Litigation
Reading:
1.7 Comments [22]-[25]
Hot Potato Doctrine
Personal Interest Conflicts
Reading:
1.7 Comments [10]-[12]
1.8(a)-(c),
(e)-(f), (j)-(k) & Comments
[1]-[8], [10]-[12], [17]-[20]
Concurrent Representation in Criminal Litigation
Also read: Moliterno 206-15
Powerpoint slides
Fri. Feb. 19
Conflicts of Interest II
Joint
Representation in Civil Matters
Reading:
1.7 Comments [26]-[33]
1.13(g)
Successive Representation
Reading:
1.9(a)-(b) & Comments [1]-[7],
[9]
1.18(c)-(d)
& Comments [3]-[8]
Imputed Conflicts
Reading:
1.10 & Comments
Comment
[20] to MR 1.8
Comment
[11] to MR 1.7
Also read:
Moliterno 215-24
Powerpoint slides
Mon. Feb. 22
Duties of Competence &
Diligence; Duties to Court
Duty of Competence
Reading:
1.1 & Comments
Duty of Diligence
Reading:
1.3 & Comments
Abusive Litigation
Reading:
3.1
& Comments
3.2
& Comments
Duty of Honesty to the Court
Reading:
3.3 & Comments
8.1
& Comments
Read also:
Moliterno 381-85
Powerpoint slides
Wed. Feb. 24
Duties to Third Parties; Big
Firm Practice
Duty of Honesty to Others
Reading:
4.1 & Comments
The No-Contact
Rule, Unrepresented Parties
Reading:
4.2 & Comments
4.3
& Comments
3.4(f)
Duties to Report Another Lawyer’s Misconduct
Reading:
8.3 & Comments
Big Firm Practice
Reading:
5.1 & Comments
5.2
& Comments
5.3
& Comments
Read also:
Moliterno 122-28
Powerpoint slides
Fri. Feb. 26
Fees; Solicitation
Fees
Reading:
1.5 & Comments
Safeguarding
Property
Reading:
1.15 & Comments
Advertising &
Solicitation
Reading:
7.2-7.4 & Comments
Read also: Moliterno 256-65, 269-75, 276-80
Powerpoint slides