SYLLABUS
PROFESSIONAL RESPONSIBILITY
LAW 652, Fall 2016
Tuesday/Thursday
Room assignments available at MyUB
Prof. Elizabeth J. Samuels
AL Room 504
esamuels@ubalt.edu
410-837-4534
Course Materials
Raymond & Hughes, The Law and Ethics of Law Practice (2d ed.)
American Bar Association, Model Rules of Professional Conduct 2015
Course website
This course has a TWEN page. The password is PR2016. You are responsible for self-enrolling in the
page. The syllabus and supplemental material will be posted on the page. Important announcements will
be both posted on and emailed out from the page.
Computers
Students may use laptop computers for class related purposes.
Instructor contact information
Room AL 504, esamuels@ubalt.edu, (410) 837-4534
Office 4:45 to 5:45 p.m. Tuesdays and Thursdays
Or make an appointment for another time, or drop by whenever I am in the office, or telephone and
leave a message with the best numbers and times to reach you to talk by telephone.
Catalog course description:
LAW 652, 3 credits, Study of the ethics and law of lawyering, approaching attorney problems from
multiple perspectives. Topics will include: professionalism, the organization of the bar, attorney
discipline and disability, the delivery of legal services, the attorney client relationship, the duties of
loyalty and confidentiality, fees, and various issues, including conflict of interest and substance abuse.
Course learning goals
Students will be able to identify ethical issues in practice, will be familiar with the ABA Model Rules of
Professional Conduct, will be able to critically analyze and apply the rules, and will have reflected on
their own related personal and professional choices.
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ASSIGNMENTS1
Tues., Aug. 23
Introduction: On ethics, choices, and rules
Text, pp. 1-10
Thurs., Aug. 25
Tues., Aug. 30
Sources of Law for Professional Responsibility
Text, pp. 11-19
Model Rules “Chair’s Introduction” and “Preamble and Scope”
Consequences of Violating the Disciplinary Rules
Text, pp. 21-30
Duties to the Client
The Duty of Competence and Diligence
Text, pp. 31-36
Model Rules 1.1, 1.3, 1.4
Thurs., Sept. 1
Malpractice
Text, pp. 37-53 (skip note 2, p. 53)
Problem 2, p. 87
Problem 4, p. 88
Tues., Sept 6
Ineffective assistance of counsel
Text, pp. 61-87
Problem 5, p. 88
Thurs., Sept. 8
Who is the Client?
Formation of the attorney-client relationship
Text, pp. 91-99, 102-108
Model Rules 1.13(a), 4.3, 1.18 comment [2]
Tues., Sept. 13
Terminating the attorney-client relationship
Text, pp. 117-130 (skip note 3, p. 124)
Model Rules 1.16, 1.2(c) and comments [6]-[7]
Problem 1, p. 146
Thurs., Sept. 15
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Decisionmaking in the attorney-client relationship
Text, pp. 147-150, 154-161
Model Rule 1.2
Problem 4, p. 177
Special situations: the client operating under disability
Text, pp. 161-162
Model Rules 1.14
Problem 1, p. 176
Subject to change with notice.
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Tues., Sept.20
Thurs., Sept. 22
Tues., Sept. 27
The Duty to Protect Information:
Attorney-Client Privilege and the Duty of Confidentiality
Attorney-client privilege
Text, pp. 179-200, 201-202, 203-204
The duty of confidentiality
Text, pp. 213-215, 220-231
Model Rules 1.6, 1.8(b), 1.9(c), 1.1(b), 1.18(b), 4.1(b)
Destruction or concealment of evidence
Text, pp. 231-238
Problem 10, p. 249-250
Destruction or concealment of evidence
Text, pp. 231-238
Problem 10, pp. 249-250
The Duty of Loyalty
Concurrent conflicts of interest
Text, pp. 251-267 through note 4
Model Rules 1.7, 1.9. 1.10
Comments [23] and [29]-[33] to Model Rule 1.7
Thurs., Sept. 29
Concurrent conflicts of interest
Text, pp 293-297, 314-315
Model Rules 1.7, 1.9. 1.10
Personal interest conflicts
Text, pp. 285-292
Model Rules 1.8
Tues., Oct. 4
Consecutive conflicts
Text, pp. 293-297, 314-315
Model Rules 1.9, 1.10, 1.18
Thurs., Oct. 6
Imputed disqualification and the mobile lawyer
Text, pp. 315-327
Model Rules 1.10
Problem 5, p. 329
Tues., Oct. 11
REVIEW
Problems posted on course TWEN site
Thurs., Oct. 13
MIDTERM
Tues., Oct. 18
Fiduciary Duties
Fees
Text, pp. 335-343, 358-362
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Model Rules 1.5
Problem 1, p. 368, Problem 7, p. 370
Handling the client’s property
Text, pp. 363-364; note 1 p. 367 (applied to posted Md. Rules), note 3
Model Rules 1.15
Thurs., Oct. 20
Tues., Oct. 25
Thurs., Oct. 27
Tues., Nov. 1
Thurs., Nov. 3
Tues., Nov. 8
Duties to the Court
Client perjury
Text, pp. 373-398
Rule 3.3
Duty of candor
Text, pp. 398-407
Model Rule 3.4
Other duties
Text, pp. 417-426
Model Rules 3.1, 3.3, 3.4
Problem 2, p. 427
Problem 8, p. 429
Duties to Third Parties
Strangers with lawyers
Text, pp. 431-445
Model Rules 4.2, 4.4, 8.4(a)
Unrepresented strangers
Text, pp. 445, 449-457
Model Rule 4.3
Duties of candor
Text, pp. 457-470
Model Rules 4.1, 8.4
Problem 3, p. 470
Duties to the System
The duty to report
Text, pp. 475-484
Model Rule 8.3
Duties of supervisory and subordinate lawyers
Text, pp. 484, 495-506
Model Rules 5.1, 5.2, 5.3
Duties to the system: tempering zeal
Text, pp. 506-522
Model Rules 3.6, 3.8
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Thurs., Nov. 10
Duties to the Guild
Regulation of advertising
Text, pp. 551-553, 562-578
Model Rules 7.1, 7.2, 7.3, 7.4
Problems 1 & 4, p. 604
Tues., Nov. 15
Solicitation
Text, pp. 578-604
Model Rule 7.3
Problems 5 & 6, p. 605
Thurs., Nov. 17
Admission to practice
Text, pp. 607-630
Model Rule 8.1
Tues., Nov. 22
Unauthorized practice of law
Text, pp. 630-640, 647-657
Model Rule 5.5
Thurs., Nov. 24
THANKSGIVING
Tues., Dec. 1
REVIEW
Problems posted on course TWEN site
Course Expectations
American Bar Association Standards for Law Schools establish guidelines for the amount of work
students should expect to complete for each credit earned. Students should expect approximately 1 hour
of classroom instruction and 2 hours of out-of-class work for each credit earned in a class (therefore, 3
hours in class and 6 hours outside of class each week). Students are expected to complete all reading
assignments before class and to participate consistently in class discussion to demonstrate that they have
read and reflected on reading.
Attendance
Class attendance is a primary obligation of every student. The right both to continued enrollment in the
course and to take the examination is conditioned upon a record of attendance satisfactory to the
professor. A student who exceeds the maximum allowed 5 absences may be compelled to withdraw
from the course or may be barred from sitting for the final exam. Students who are forced to withdraw
for exceeding the allowed absences may receive a grade of FA (failure due to excessive absence). This
policy is consistent with American Bar Association Standards for Law Schools.
Class Cancellation
If the instructor must cancel a class, a notice will be sent to students via email and posted on the
classroom door. If there is inclement weather, students should visit the University of Baltimore web site
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or call the University's Snow Closing Line at (410) 837-4201. If the University is open, students should
presume that classes are running on the normal schedule.
Course grades
Twenty percent 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. 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 Model Rules text to the examination, but the text cannot contain notes or outlines; only
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.
Eighty percent of your grade will be based on a final examination on the entire semester’s work. 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 Model Rules text with you to the exam, but the text cannot contain
notes or outlines; only 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.
Additional grading adjustments: Preparation and participation are essential to your success in the course.
These are key components of professionalism as well. Strong class participation is a basis for raising your
grade one-half step. Please note that the most important factor in assessing class participation is thoughtful
quality, not mere quantity. Participation includes participating actively and helpfully in small group inclass exercises, for which adequate class preparation is essential.
Academic Integrity
Students are obligated to refrain from acts that they know or, under the circumstances, have reason to
know will impair the academic integrity of the University or the School of Law or both. Violations of
academic integrity include, but are not limited to: cheating, plagiarism, misuse of materials,
inappropriate communication about exams, use of unauthorized materials and technology,
misrepresentation of any academic matter, including attendance, and impeding the Honor Code process.
The School of Law Honor Code and information about the process is available at
http://law.ubalt.edu/academics/policiesandprocedures/honor_code/.
Title IX Sexual Misconduct and Nondiscrimination Policy
The University of Baltimore’s Sexual Misconduct and Nondiscrimination policy is compliant with
Federal laws prohibiting discrimination. Title IX requires that faculty, student employees and staff
members report to the university any known, learned, or rumored incidents of sex discrimination,
including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner
violence or sexual exploitation, and/or related experiences or incidents. Policies and procedures related
to Title IX and UB’s nondiscrimination policies can be found at: http://www.ubalt.edu/titleix.
Disability Policy
If you are a student with a documented disability that makes an academic accommodation necessary,
please contact Leslie Metzger, Director of Student Services, at 410-837-5623 or lmetzger@ubalt.edu.
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