Legal Ethics 550-001
Summer 2012
Tuesdays - Time: 6:00 P.M.-8:45 P.M.
Prof. Dolores Dorsainvil
(202) 638-1501
Dorsainvild@dcobc.org
Prof. Gayle Marie Brown Driver
(202) 638-1501
Driverg@dcobc.org
Office Hours: by appointment
TEXT:
1. 2011 Edition Model Rules of Professional Conduct by the American Bar
Association’s Center for Professional Responsibility; and
2. Copied Course Materials you can obtain from copy services at WCL.
This course addresses the ethical requirements governing admission to the Bar and
the practice of law. The issues we will examine are subject to various rules of conduct. Our
focus is on the ABA Model Rules of Professional Conduct, a version of which has been
adopted in most states, as well as the D.C. and Maryland Rules of Professional Conduct. In
practice, you will be governed by the rules adopted by each tribunal that admits you to
practice.
Class participation will include review of the rule or rules under discussion and the
information including the comments that follow the rule. We will also closely examine
relevant case law that illustrates the jurisdiction’s application of the rule. There will also
be group discussion as well. It is important that students come to class prepared to actively
discuss the lesson plan for that day. Your regular attendance and participation in class
discussions are critical to this course’s success. We may call on people, more or less
randomly from the class roster, to answer questions about the assigned materials in order
to start off class discussion. We will also have an “on-deck” system where you will be
assigned to a group and you will be informed in advance that members of your group will
be called on most for the assigned readings. As long as you are present and prepared as
just described, class participation may raise your grade; it is the quality, not the quantity, of
your contributions to class that we value. If you are not present (and are not excused due to
illness, emergency, or similar circumstances) or not prepared, it may affect your final
grade. Your attendance is critical to your understanding of ethics since some material may
be introduced which will not be part of your outside reading. Attendance at fewer than
70% of the class may lower your grade.
The examination will be an in-class, open-book exam. The exam may consist of a
combination of short answer, multiple choice and essay questions.
Revised June 13, 2012
In addition, a seating chart will be distributed on the first day of class.
Tentative Schedule of Materials for Classes*
*This is a tentative schedule that may change based on how well we move through the
material
Date
May 29, 2012
Subject Matter
Introduction to Ethics
Survey of the Class
Rules & Comments
Discipline System
Other Sources of Ethics
Info
Final Exam
Competence/Neglect
Rules/Trends
ABA Book: Preamble,
Scope, Essay, Terminology
Rule 1.0, Rules 1.1, 1.2, 1.3
Copied material pp 1-30
Unit One, Unit Two
Essay
Red Dog 625 A.2d 245
Battle 646 A.2d 315
Shorter BDN 194-96
June 5, 2012
Competence/Neglect
continued
Rules 1.1, 1.2, 1.3, 1.4
Copied material pp 31-66
Unit Two
Stanton 470 A.2d 272
Rosen 470 A.2d 292
Ficker 706 A.2d 1045
Ficker (II) 924 A.2d 1105
June 12, 2012
Duty of Confidentiality
Video Clip – Logan Case
Rules 1.6, 1.16
Copied material pp 74-117
Unit Three
Pavlick’s case
A v. B 726 A.2d 924
O’Neil 661 N.W.2d 813
Newman 863 A.2d 321
Billewicz 641 A.2d 368
Gonzalez 773 A.2d 1026
June 19, 2012
Conflicts
Rule 1.7, 1.8, 1.9, 1.10,
1.11, 1.12, 1.13, 1.14, 1.18
Copied material pp 118183
Unit Four
Hager 812 A.2d 904
ABA Formal Opinion 96403
Revised June 13, 2012
Kelley’s Case 627 A.2d
597
Mershon 316 N.W. 2d 895
Dipippo 678 A.2d 454
ABA Formal Opinion 96404
Reese v. GA Pwr 381
S.E.2d 110
Interest of S.G. 814 A.2d
612
Jones-Terrell 712 A.2d
496
Whelan 619 A.2d 571
Sanders 616 A.2d 1345
Inquiry 616 A.2d 1290
June 26, 2012
Financial Responsibility
Guest Lecturer
Rules 1.5, 1.15, 1.16(d)
Copied material pp 237274, 281-291 skim 294-303
Unit Five
Addams 579 A.2d 190
Choroszej 624 A.2d 434
Haar 667 A.2d 1350
Hessler 549 A.2d 700
Moras 619 A.2d 1007
Pierson 690 A.2d 941
Mance 980 A.2d 1196
(skim)
July 3, 2011
Litigation Ethics/Conduct
Prejudicial
Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.7, 4.1, 4.2, 4.3, 4.4
Copied material pp 314349, 430-433
Unit Six
Mills 647 A.2d 1118
Roberts 131 F.R.D. 75
Srager 681 A.2d 324
Kalil’s case 773 A.2d 647
Zeiger 692 A.2d 1351
Hitch 708 P.2d 72
Rohrback 591 A.2d 488
Battino BDN 2007-D388
July 10, 2011
Bar Admissions/ Attorney
Discipline
Rules 8.1, 8.3, 8.4, 8.5
Copied material pp 434-
Revised June 13, 2012
July 17, 2011
July 24, 2011
Revised June 13, 2012
Guest Lecturer
Class Video (23 mins)
“Getting Healthy Staying
Healthy”
481
Unit Seven
Polin 596 A.2d 50
Polin (II) 630 A.2d 1140
Gilbert 515 A.2d 454
Mustafa 631 A.2d 45
Appeal of Lane 544 N.W.
367
AGC v. Floyd 929 A.2d 61
Joehl 642 A.2d 194
Litigation
Ethics/Dishonesty
Attorney Discipline
Rules 4.1, 8.3, 8.4, 8.5
Copied material pp 350400, 492-504, 517-525
Unit Six, Unit Eight
Sandground 542 A.2d
1242
Goffe 458 A.2d 458
Hutchinson 534 A.2d 919
Hadzi-Antich 497 A.2d
1062
Cupples 952 S.W.2d 226
Magid 655 A.2d 916
Riehlman 891 S0.2d 1239
McBride 642 A.2d 1270
(pg. 492)
Kersey 520 A.2d 321
(pg. 498)
Borders 665 A.2d 1381
(pg. 517)
First Amendment/ Duty to Rules 7.1, 7.2, 7.3, 7.4, 7.5,
Supervise
8.4(a), 3.6, 5.1, 5.2, 5.3, 5.5
Guest Lecturer
Copied material pp 585619, 625-650 (LOOK UP
GOLDBERG CASE)
Unit Nine, Unit Ten
Bates 433 U.S. 350
Ravich 715 A.2d 216
Went for It 515 U.S. 618
Gentile 501 U.S. 1030
Goldberg 441 A.2d 338
Cater 887 A.2d 1
Review for Final Exam
Course Evaluations
Wednesday, August 1,
2012 @ 6:00 p.m.
Revised June 13, 2012
Final Exam
Room 100
Rules 2.1, 2.4, 3.6, 3.8,
3.9, 6.3, 6.4, 6.1, 6.5
All Rules
In-Class (2 hours)