PROFESSIONAL RESPONSIBILITY
LAW 652-311
Spring 2016
Tuesday/Thursday 1:30-2:45 p.m.
ALC Room ___ (to be determined first week of semester)
Professor Elizabeth Keyes
410-837-5666
Email: ekeyes@ubalt.edu
OFFICE HOURS: 3:00-4:00 Tuesdays, or by appointment. My office is in the clinic space, which
requires special access. You may either come with me after class, or come to the Clinic Space on
the Second Floor by the glass elevators, and the receptionist will let me know you are there.
GOALS FOR THE COURSE:
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Learn to identify ethical issues as they arise in practice.
Gain familiarity with the ABA Model Rules of Professional Conduct and, when relevant,
know how Maryland’s 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:
1. Lisa Lerman & Philip Schrag, ETHICAL PROBLEMS IN THE PRACTICE OF LAW (Concise Third
Ed.) (“L&S”)
2. Lerman, Schrag and Gupta, ETHICAL PROBLEMS IN THE PRACTICE OF LAW: MODEL RULES,
STATE VARIATIONS, AND PRACTICE QUESTIONS (“Supplement”). Note: Printouts or copies of
the ethical rules from databases or other sources are not a permissible substitute for the
Lerman, Schrag and Gupta text.
ASSIGNMENTS:
Assigned readings are set forth below. Readings will be supplemented with materials on the
course TWEN site.
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When assigned a Rule to read, you should review both the assigned Rule and skim the
“Comments” associated with the assigned Rule, unless the syllabus lists specific comments
to read—in which case, please read the rule and comment with care.
For the main Lerman/Schrag text, you need not read the “Problems” in the text unless
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noted in this syllabus.
Please be sure to bring the supplement to class every time.
Revised syllabi may be distributed as necessary.
TWEN: This course has a TWEN page through Westlaw, which will include the syllabus and any
future revisions to the syllabus, readings, and other materials. The site will also facilitate e- mail
communications, including messages about the substance of the course and, if necessary,
announcements about class cancellations or make-up classes.
GRADES:
For the in-class AND take-home tests/final exam, you may use the supplement
(Schrag/Lerman/Gupta supplemental text) but NOT the text OR outlines. Highlighting,
underlining, and cross-referencing are permissible. You may not use any other materials,
including materials found on the internet, for the exam. Please consult with me if you have
questions regarding what notations in the text are permissible.
20%
Test 1: An in-class, 40 minute multiple choice test covering the unit on the attorney-client
relationship. You may use the supplement (Schrag/Lerman/Gupta supplemental text)
during the test.
Tentative date is February 2 (bear in mind any weather related cancellations may alter the
spring semester schedule somewhat).
20%
Test 2: In-class essay. You will be given one-question on a conflict of interest issue, for which
you must write a brief memorandum. You may use the supplement (Schrag/Lerman/Gupta
supplemental text) during the test.
Tentatively scheduled for February 25.
20%
Test 3: An in-class 40 minute multiple choice test covering the units on the Adversarial
System and the Business of Law. You may use the supplement (Schrag/Lerman/Gupta
supplemental text) during this test.
Tentatively scheduled for April 5.
40%
Final Exam: There will be a two-hour final in-class examination that is cumulative,
comprising 30 multiple-choice questions and one essay. Date TBD.
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.
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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 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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READINGS AND ASSIGNMENTS
1
Date
Jan. 12
Topic
Views of the Legal Profession;
Sources of Law; Reporting
Misconduct; Malpractice
Readings
L&S: pp. 1-14,63-69, 76-90
Problem 2-2 (p. 86)
Supplement:
Rules 5.1, 5.2, 5.3, 8.3
ELEMENTS OF THE ATTORNEY-CLIENT RELATIONSHIP
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Jan. 14
A Timeline of Representation;
Competence and Diligence
L&S: 175-186, 191-202, 205-207, 237-244
Supplement:
Rules 1.1, 1.2, 1.3, 1.16
3
Jan. 19
Confidentiality
 Generally
 Some exceptions
L&S: 102-113, 128-131, 149-155
Problems 3-1 (p. 106), 3.5 (p.130)
Supplement:
Rule 1.6
4
Jan. 21
Confidentiality:
 Exceptions
L&S: 113-127
Problems 3.2 (p.117), 3.3 (p.121), 3.4 (p. 126)
Noisy Withdrawals (TWEN)
Supplement: Rule 1.6
5
Jan. 26
Confidentiality:
 Fraud and Financial
Harm
L&S: 132-149
Problem 3-6 (p. 146)
Shkreli Case (TWEN)
Supplement:
Rule 1.2(d) and Comment [10]
Rule 1.13(a),(b),(c) and Comment [2]
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Jan. 28
Attorney-Client Privilege
L&S: 156-172
Problem 3-8 (p. 165)
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Date
Feb. 2
Topic
Test
Readings
First 20 minutes of class-time will be review.
40 minutes will be a graded 20 question
multiple choice test.
CONFLICTS OF INTEREST
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Feb. 4
Intro to Conflicts
L&S: pp. 245-267
Problem 5-1 (p.266)
Supplement:
Rule 1.7; Rule 1.8 (skim); Rule 1.9(a);
Rule 1.10 (a)
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Feb. 9
Concurrent Conflicts
L&S: 267-79
Problems 5-2 (p.269), 5-4 (p.279)
Supplement:
Rule 1.7, and Comment [6]; Rule 1.8
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Feb. 11
Concurrent Conflicts in Specific
Practice Settings
L&S: 281-85, 295-309
Problems 6-2 (p.303), 6-3 (p.304) and 6-5
(p.307)
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Feb 16
Conflicts in Representing
Organizations
L&S: 285-295
A Motion to Disqualify (TWEN)
Supplement:
Rule 1.7; Rule 1.9; Rule 1.10(a); Rule 1.13(f),(g)
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Feb. 18
Successive Conflicts /
Former Clients
L&S: 315-331, 335-339
Problem 7-1 (p. 337)
Supplement:
Rule 1.18
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Date
Feb. 23
Topic
Imputation of Conflicts
Readings
L&S: 345-57
Problem 7-3 (p.355)
Supplement: Rule 1.10
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Feb 25
Test 2 (In-Class). This will be a
one-essay test on conflicts of
interest.
No homework—review conflicts in
preparation for the test.
THE ADVERSARY SYSTEM
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March 1
The Adversary System: Truth
and Advocacy
L&S: 453-63,481-85, 565-67
Problem 10-1 (p.462)
A Tragic Fire – A Great Cross-Examination
(TWEN)
Supplement: Preamble, Comment [9]
Rule 1.3 Comment [1]; Rules 3.1, 3.2
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March 3
Truth and Falsity in Litigation
L&S: 467-481
Problem 10-2 (p.470) and 10-3 (p.476)
Supplement: Rules 3.3, 3.4(b), 3.8, 4.4
Restatement of Law Governing Lawyers §
116 (TWEN)
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March 8
Duties to Adversaries
L&S: 519-34, 565-67
Problem 11-1, p. 521
Supplement: Rule 4.1
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March 10
Prosecutorial Ethics
L&S: 549-51; 55-61
Who Polices the Prosecutors? (TWEN)
White Paper on Prosecutorial Misconduct
(TWEN—excerpt)
Supplement: Rule 3.8
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Date
Topic
Readings
SPRING BREAK: NO CLASS MARCH 15 or MARCH 17
BUSINESS OF LAW
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March 22
Hourly Fees, Fee Splitting,
Contingent Fees
L&S: 362-88
Supplement: Rules 1.5, 5.4
Disciplinary Counsel v. Smith (TWEN)
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March 24
Fees (continued)
L&S: 388-400, 406-10
Problem 8-2 (p.396)
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March 29
Marketing & Solicitation/
Multijurisdictional Practice
L&S: 590-95 (top)
Social Media Networking For Lawyers: A
Practical Guide to Facebook, LinkedIn,
Twitter and Blogging (TWEN)
MSBA Ethics Opinion No. 2207-18 (TWEN)
Supplement: Rules 7.1, 7.2, 7.3, 7.4, 7.5
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March 31
Lawyers’ Personal Interests
L&S: 410-425
Supplement: Skim rule 1.8; Read Rules 5.4,
7.2(b)
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April 5
Test 3 (In-class)
No homework. 20 minutes of review at
beginning of class, then an in-class
multiple-choice test.
Test 3 will be a second multiple choice test
(20 questions, in 40 minutes). Will cover the
adversary system and the business of law.
COUNSELING & NEGOTIATION
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Date
April 7
Topic
Readings
Client Counseling and Allocation L&S: 207-13, 220-29
of Authority
Supplement: Rule 1.2(a), 2.1
Handouts on TWEN
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April 12
Representing Clients with
Diminished Capacity;
L&S: 229-237
Problem 4-2 (p.233)
Maryland Bar Journal, Treat Clients with
Genuine Respect (TWEN)
Michael E. McCabe, Representing Clients
with Diminished Capacity (TWEN)
Supplement: Rules 1.14, 4.2, 4.3
THE DISTRIBUTION OF THE RESOURCES OF DISPUTE RESOLUTION
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April 14
UPL/ Pro Se Crisis
L&S: 595-600; 569-86
Problem 12-1 (p.586)
Supplement: Rule 5.5
New York Pro Bono Rules (TWEN)
Maryland Rule 16-903 (TWEN)
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April 19
Admissions to the Bar
L&S: 42-61
Problem 1-2 (p.59)
Supplement: Rule 6.1
Maryland Character Questionnaire (TWEN)
Maryland Rule 6.1 (TWEN)
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April 21
Wrap-Up and Review
None.
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