PROFESSIONAL RESPONSIBILITY
Spring 2015
Day Section: Monday/Wednesday 9:00-10:15, Room 803
Evening Section: Tuesday/Thursday 6:15-7:30, Room 803
Professor Robert Rubinson
Angelos Center, Clinical Law Offices, Office 420
410-837-4094
E-mail: rrubinson@ubmail.ubalt.edu
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.
NOTE ABOUT DAY/EVENING CLASSES: I am teaching both day and evening sections of
Professional Responsibility this semester. This Syllabus lists assignments for both. Given the
Labor Day Holiday, I have added additional times to two day section classes to keep the subject
of the day and evening sections consistent. Over the course of the semester, students may
occasionally attend a different section should that be more convenient. Please let me know,
however, should you wish to consistently attend the section that is not the one in which you are
enrolled.
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.)
THE LAW GOVERNING LAWYERS (Susan R. Martyn, Lawrence J. Fox, W.
Bradley Wendel, eds.) (2013-2014 ed.)
NOTE: It is recommended that students obtain the most recent version
of the Law Governing Lawyers, but it is acceptable for students
to use the 2013 edition. All students must obtain one of these
editions of the THE LAW GOVERNING LAWYERS. 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 LAW GOVERNING
LAWYERS 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
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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
readings in class. You may bring the LAW GOVERNING LAWYERS 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
LAW GOVERNING LAWYERS 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.
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ASSIGNMENTS
I.
INTRODUCTION TO PROFESSIONAL RESPONSIBILITY AND THE
REGULATION OF LAWYERS
Day: 1/12 Views of the Legal Profession; Sources of Law; Reporting Misconduct
Eve.: 1/13 Malpractice
Readings: Lerman: pp. 43-51; 100-105; 111-120; Problem 2-3
Law Governing Lawyers, Rules 5.1, 5.2, 5.3, 8.3
II.
ELEMENTS OF THE ATTORNEY-CLIENT RELATIONSHIP
Day: 1/14
Eve: 1/15
A Timeline of Representation; Competence and Diligence
Readings: Lerman: pp. 280-291; 370-372
Law Governing Lawyers, Rules 1.1, 1.2(c), 1.3, 1.4, 1.16; § 14
of the Restatement of the Law Governing Lawyers
1/19: LABOR DAY - NO CLASS FOR DAY SECTION
Eve: 1/20
Introduction: Confidentiality
Readings: Lerman, pp. 160-173, Problems 3-1, 3-2
Law Governing Lawyers, Rule 1.6
Day: 1/211
Introduction: Confidentiality/Exceptions to Confidentiality
Readings: Lerman, pp. 160-185, Problems 3-1, 3-2
Law Governing Lawyers, Rule 1.6
Eve: 1/22
Exceptions to Confidentiality
Readings: Lerman, pp. 173-200, Problems 3.3-3.5, 3-7
Law Governing Lawyers, Rule 1.6
Day: 1/262
Confidentiality: Financial Harms and Organizations
Readings: Lerman, pp. 185-200; 201-202; 207-210; 217-220; 435-436; Problem
3-9
Law Governing Lawyers, Rules 1.2(d) and Comment [10],1.13(a), (b),
(c) and Comment [2]
Eve: 1/27
Confidentiality: Financial Harms and Organizations
Readings: Lerman, pp. 201-202; 207-210; 217-220; 435-436; Problem 3-9
Law Governing Lawyers, Rules 1.2(d) and Comment [10],1.13(a), (b),
(c) and Comment [2]
Day: 1/28
Eve: 1/29
Attorney-Client Privilege
Readings: Lerman, pp. 231-253; 265-271
Day: 2/2
Secrecy: Review
1
2
The 1/21 class will end at 12:25.
The 1/26 class will end at 12:20.
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Eve: 2/3
Readings: Lerman, 227-228, Problem 3-9
“Secrecy – In Class Review Problem” (TWEN)
“Secrecy - In Class Review Problem - Organizations” (on TWEN)
Day: 2/4
Eve: 2/5
The Client Perjury Problem
Readings: Lerman, pp. 655-665; 668-671
Law Governing Lawyers, Rules 3.3, 8.4
III.
THE ADVERSARY SYSTEM
Day: 2/9
Eve: 2/10
IV.
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)
Law Governing Lawyers, Preamble, Comment [9]; Rule 1.3 Comment
[1]; Rules 3.1, 3.2, 3.4(b), 3.8, 4.4.
CONFLICTS OF INTEREST
Day: 2/11
Eve: 2/12
Introduction to Conflicts of Interest
Readings: Lerman, pp. 380-412, Problems 6-1, 6-3
Law Governing Lawyers, Rules 1.7, 1.8 (skim), 1.9(a), 1.10 (a)
Day: 2/16
Eve: 2/17
Concurrent Conflicts
Readings: Lerman, 425-428; 439-447; 450-469
Law Governing Lawyers, Rules 1.7, and Comment 6, 1.8
In Class Problem – Concurrent Conflicts (TWEN)
Day: 2/18
Eve: 2/19
Concurrent Conflicts/Conflicts in Representing Organizations
Readings: Lerman, pp. 428-434
Law Governing Lawyers, 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)
Day: 2/23
Eve: 2/24
Successive Conflicts
Readings: Lerman, pp. 472-494
Law Governing Lawyers, Rule 1.7, 1.9(a) and (c), 1.10 (a), 1.18;
Problem 8-1
Day: 2/25
Eve: 2/26
Conflicts Review/Midterm Review
Readings: In Class Conflicts Review Problem (TWEN)
Law Governing Lawyers (as needed)
Midterm Review Questions (TWEN)
Day: 3/2
Eve: 3/3
MIDTERM
V.
COUNSELING
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Day: 3/4 Client Counseling and Allocation of Authority
Eve: 3/5 Readings: Lerman, 334-338
Law Governing Lawyers, Rule 1.2(a),1.4, 2.1
Robert D. Dinerstein, Client-Centered Counseling: Reappraisal and
Refinement (TWEN)
Day: 3/9 Representing Clients with Diminished Capacity; Communications with Represented
Eve: 3/10 and Unrepresented Persons
Readings: Lerman, pp. 346-348; 353-366; 747-751; 758-762; Problem 5-5
Cronin v. Eighth Judicial District (TWEN)
Law Governing Lawyers, Rules 1.14, 4.2, 4.3
Day: 3/11 Guest Speaker: Glenn Grossman, Bar Counsel of Maryland
Eve: 3/12
SPRING BREAK
VI.
NEGOTIATION
Day: 3/23 Negotiation Ethics
Eve: 3/24 Readings: Lerman, pp. 741-744
Law Governing Lawyers, Preamble Cmt. [2]; Rules 3.1, 4.1, 4.1 Cmt. [2]
VII.
THE BUSINESS OF LAW
Day: 3/25 Hourly Fees
Eve: 3/26 Readings: Lerman, pp. 524-538; 545-566
Law Governing Lawyers, Rule 1.5
Day: 3/30 Multidisciplinary Practice/ Fee Splitting/Contingent Fees
Eve: 3/3 Readings: Lerman, pp. 566-589; 925-931
Law Governing Lawyers: Rule 1.5, 5.4
Disciplinary Counsel v. Smith (on TWEN)
Day: 4/1
Eve: 4/2
Lawyers’ Personal Interests
Readings: Lerman, pp. 593-605
Law Governing Lawyers, Rule 1.8
Day: 4/6
Eve: 4/7
Marketing and Solicitation
Readings: Lerman, pp. 906-918
Law Governing Lawyers, Rules 7.1-7.5
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VIII. THE DISTRIBUTION OF THE RESOURCES OF DISPUTE RESOLUTION
Day: 4/8
Eve: 4/9
Day: 4/13
Eve: 4/14
IX.
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)
Law Governing Lawyers, Rule 5.5
Supreme Court of Washington Order (TWEN)
The Pro Bono; Admissions to the Bar
Readings: Lerman, pp. 824-839; 855-857; 56-71
Law Governing Lawyers, Rule 6.1
New York Pro Bono Rules (on TWEN)
Law Governing Lawyers, Rule 8.1
Maryland Character Questionnaire (on TWEN)
NEW TRENDS IN ADVOCACY
Day: 4/15
Eve: 4/16
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)
Law Governing Lawyers, Rules 2.1, 2.1 Comment [5], 2.4
Day: 4/20
Eve: 4/21
New Technologies/Exam Review
Day: 4/223
Eve: 4/23
Exam Review
Prepare “In Class” Review Problems on TWEN
This is the last class for both the day and evening section even though the last day of classes is
Monday, April 27. The day class that would ordinarily meet on 4/27 is not needed because of
the additional time added to day section classes earlier in the semester.
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