Professional Responsibility Lecture Fall 2012
Professor Russell G. Pearce
rpearce@law.fordham.edu
Office Hours by Appointment Only
Syllabus, First Assignment & Class Policies
I very much look forward to meeting you and learning with you in
our Professional Responsibility class. Even though this is a large
class, I value your participation and hope to engage in dialogue
regarding the ethics rules, the lawyer’s role, and the legal
profession’s contribution to society. We will also schedule periodic
lunches so that we have an opportunity to talk in smaller groups.
We will be meeting Tuesdays and Thursdays from August 28, 2012
through December 6, 2012. On September 25, 2012, we will not
hold class because the law school will have a Wednesday schedule.
On November 6, 2012 and November 22, 2012, the school will be
closed for Election Day and Thanksgiving.
Two introductory notes. First, I include below the First Assignment
and Class Policies that are already posted so that you can have them
together with the syllabus in one document. Second, as mentioned
below, we will complete coverage of the rules before the MPRE on
Nov. 3, 2012.
I.
FIRST ASSIGNMENT
1. Purchase the text: RUSSELL G. PEARCE, DANIEL J. CAPRA &
BRUCE A. GREEN, PROFESSIONAL RESPONSIBILITY: A
CONTEMPORARY APPROACH (West 2010). You have two choices:
1) You can purchase the text and receive a password that grants
you access to an e-version that allows you to follow the hyperlinks
in the casebook; or 2) You can purchase (at a lower price) an eversion only of the textbook.
2. Find the Rules: When the text refers to an ethics rule, you
should read the entire rule and comment. You can access the full
text of a rule and comment for free through a hyperlink found in
the text. You can also find the rules at
http://www.abanet.org/cpr/mrpc/mrpc_toc.html.
I have found, however, that some students prefer to have a hard
copy of the rules. Accordingly, I have asked the bookstore to
provide a volume of the rules for you to purchase if you so choose
–DZIENKOWSKI'S PROFESSIONAL RESPONSIBILITY, STANDARDS,
RULES AND STATUTES, 2012-2013.
3. Register for the course on TWEN. If you have any questions
about TWEN, please contact my assistant Emma L. Mercer at
ELMERCER@law.fordham.edu. In addition to using TWEN for
course materials and quizzes (below), I will send emails to class
through TWEN.
4. Read Chapter One of the text for the first class. Answer all
the quiz questions (see below for quiz instructions) in Chapter One
by no later than 5 pm on August 27, 2012.
5. Syllabus. I will post a syllabus before the first class. The class
will generally follow the order of the casebook. In class, I will
provide the specific reading assignments that may not include all
of the pages on the syllabus. Our goal will be to complete Chapters
1-7 before the MPRE on Nov. 3, 2012.
II.
CLASS POLICIES
1. Class Attendance. This is a class in your responsibilities as a
professional. I expect you to fulfill those responsibilities by
attending every class unless you have an excuse. I will trust you to
be on your honor for your excuses. To obtain an excused absence,
you must email Emma Mercer at ELMERCER@law.fordham.edu
no later than 5 pm the day before class for an anticipated absence,
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such as a job interview, and no later than 10 am on the day of class
for an unanticipated absence, such as a sudden illness. As
explained below, an excused absence from class does not suffice as
an excuse for not completing the quizzes for that class.
2. Quiz Requirement. Another of your responsibilities is to
complete the reading as assigned and, by no later than 5 pm on the
day before class, to complete on TWEN the quiz questions in the
assigned reading. When you complete the quiz, please print out
a hard copy with the answers. After 5 pm, the quiz will no
longer be available to you online. You will find that these quiz
questions are neither too numerous nor too difficult. The quizzes
will help you assess how well you understood the readings and will
help me prepare for class. Many of the quiz questions are drawn
from past and model MPRE questions and they will help you
assess what you need to study for the MPRE as well. I will be
grading you only on whether you took the quiz in a timely fashion
– not on whether your answers are correct. You must answer the
questions yourself. You may not obtain assistance from other
students or from notes from past classes. If you do so, I will treat
your conduct as a violation of your responsibilities as a student and
refer you for discipline. Having an excused absence from class is
not an excuse from timely completion of the required quiz. Unless
the Dean of Students approves an excuse on the grounds of illness
or emergency, you will have to take the quizzes in advance of your
excused absence, such as a job interview or a religious holiday. I
will let you know in advance what quizzes you will need to
complete so you can prepare accordingly.
3. Class Participation. Preparation for each class is another of
your responsibilities as a student. The students will vote in the
first class on the method for calling on students. The three choices
are whether each student can be called upon a) every class, b)
every other week, or c) every third week. If the class chooses
options b) or c), I will divide the class by alphabetical order.
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4. Class Activity. Each class we will have an activity lasting a
total of 10-15 minutes. The activity will consist of a debate, role
play, or report on interviews with lawyers or judges. Each student
must participate in at least one activity as a class requirement. The
sign-up list is on TWEN. You must sign up for an activity by no
later than September 4, 2012.
5. Grading. The final examination will be a multiple choice test
of approximately 125 questions that will be graded according to
the mandatory Fordham curve for large upper-level class courses.
I will also award a very small number of increases of 2/3 of a grade
to students who consistently demonstrate mastery of the material
and offer extraordinary original insights. I will award a larger
number of increases of 1/3 of a grade to students who consistently
demonstrate mastery of the material through regular participation.
Students who do not complete the quizzes in a timely fashion, have
unexcused absences, or are not prepared when called upon, face a
decrease in their grade to reflect their failure to meet their
responsibilities.
6. You Must Bring a laptop computer, ipad, or smart-phone
with TWEN access to class. Not only will this provide you with
access to the textbook materials and rules we are discussing, but
we will be using the TWEN instapoll feature and other on-line
interactive programs in class.
III. Syllabus
All pages refer to the text. When the text omits pages, consider
those pages optional. The material on those pages may be
mentioned in class but you will not be asked to answer questions
based on that reading either in class or on the exam. When the
text assigns an excerpt from a rule, you are expected to learn the
entire rule. I will be posting supplemental materials on TWEN. If
so, you will be notified in class or by email.
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1. Introducing Professionalism and Legal Ethics
pp. 1-23
2. The Basic Elements of Law Practice
A.
B.
C.
D.
E.
Unauthorized Practice: pp. 25-55
Creating the Lawyer-Client Relationship: pp. 56-76
Ending the Lawyer-Client Relation: pp. 77-80, 85-86
Competence: pp. 86-92, 96-133
Allocating Decision-Making Between Lawyer and Client:
pp.133-171
3. Finding and Billing Clients
A. Finding Clients: pp. 173-201, 211-232
B. Billing Clients: pp. 279-296
4. The Lawyer’s Duty of Confidentiality
A. Introduction: pp. 297-298
B. Attorney-Client Privilege: pp. 298-304, 309-352
C. The Ethical Duty of Confidentiality: pp. 362-385
5. Conflicts of Interest
A. Introduction: p. 387
B. Simultaneous Conflicts: pp. 387-407, 413-431, 435-440,
443-444, 446-447, 451-453
C. Former Client & Government Lawyer Conflicts:
pp. 454-467
D. Third-Party Neutral Conflicts: pp. 468-470
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E. Firm Disqualification: pp. 471-473
F. Conflicts in Criminal Cases: pp. 486-510
6. The Lawyer’s Duties to the Legal System, the Profession,
and Nonclients
A.
B.
C.
D.
Introduction: pp. 511-512
Duties to the Court and other Tribunals: pp. 513-573
Duties to Third Parties and to the Law: pp. 573-615
Duties to Lawyers and to the Bar: pp. 616-628
7. Special Ethical Rules: Prosecutors and Judges
A. The Ethical Duties of Prosecutors: pp. 629-642; 660;
666-667; 673-692; 715-716
B. The Ethical Standards for Judges: pp. 716-776
8. What is the Proper Role of a Lawyer?
A. Introduction and Role Morality of Neutral Partisan:
pp. 767-802;
B. Competing Visions of Professional Morality: pp. 802901
9. Why Do Lawyers Have Special Privileges and
Responsibilities?
1. Introduction and the Professional Privilege: pp. 903-998
2. Lawyers’ Special Responsibilities?: pp. 998-1031
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