PROFESSIONAL
RESPONSIBILITY
EVENING DIVISION
S PR I N G 2 0 1 6
JAMES J. GROGAN
130 EAST RANDOLPH DRIVE, SUITE 1500
CHICAGO, ILLINOIS 60601
PHONE: (312) 565-2600
E-MAIL:
JJGROGAN@IARDC.ORG
COURSE DESCRIPTION
This three-hour course explores the role of the legal profession in American
society. Legal education, bar admission, lawyer discipline, the fiduciary
responsibility to clients, marketing, fees, client fund management, conflicts of
interest, and practical practice concerns for lawyers, are among the many topics to
be discussed. Topical problems in legal ethics and attorney and judicial regulation
will be a focus.
MATERIALS
Lerman & Schrag, Ethical Problems in the Practice of Law (Aspen Publishing, 3d
ed. 2012);
Ethical Problems in the Practice of Law: Model Rules, State Variations and
Practice Questions ((Wolters Kluwer 2015-16 edition) (ISBN 978-1-4548-51912);
Rules Governing the Legal Profession and Judiciary in Illinois (ARDC 2016) at:
http://www.state.il.us/court/SupremeCourt/Rules/Art_VIII/default_NEW.asp
2014 Annual Report of the Attorney Registration and Disciplinary Commission
(ARDC April 30, 2015) at https://www.iardc.org/AnnualReport2014.pdf
GRADING
Grading will be based on a three-hour final examination. The examination will be
open-book and essay in nature; students may refer to the textbook, standards
supplement, the Illinois Rules of Professional Conduct, and personal class notes.
Use of commercially prepared outlines or software, including bar review materials
and non-course materials, will not be allowed during the examination. Students
will be permitted to use computers during the examination only in accord with
university policy. Class participation may be taken into account in determining a
grade. The date for the final examination is:
WEDNESDAY, MAY 11, 2016, AT 6:00 P.M.
EXPECTATIONS
Students are expected to be prepared to discuss the materials and assigned cases.
Pursuant to Loyola policy, students are expected to appear for class. More than two
unexcused absences may result in a failing grade. Students are subject to testing on
all assigned readings and all lecture materials. Through the course of the semester,
students may be called upon to lead a class discussion on an assigned problem or
problems from the textbook.
EDUCATIONAL GOALS, OBJECTIVES, AND
STUDENT LEARNING OUTCOMES
The Loyola University of Chicago School of Law has carefully developed an
academic program and classes so that students achieve a specific set of educational
goals, objectives, and student learning outcomes. This class will serve many of
those goals, objectives, and outcomes. Students in this class should become
equipped with essential knowledge of the law of lawyering and the practice
standards required of all licensed lawyers.
Graduates of this course should be able to analyze and apply legal rules and
principles learned during the course of the semester so that:
i.
ii.
They are able to identify and formulate legal issues;
They are able to formulate legal doctrines pertinent to the
evaluation of those issues;
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iii.
iv.
They are able to evaluate critically the application of
those legal doctrines to underlying issues; and
They are able to use this process to develop practice
skills.
Graduates must be able to recognize and resolve ethics problems. Further,
graduates should be prepared to become ethical advocates for their clients in a
variety of dispute resolution forums; should understand the importance of, and be
committed to, providing competent representation and service to their clients; and
should be able to counsel clients about decisions or courses of action that are, from
an ethics view, appropriate.
Finally, graduates should be knowledgeable about the Jesuit tradition of academic
excellence and intellectual openness in the context of a commitment to social
justice.
CODE OF CONDUCT
The Loyola University Chicago School of Law Code of Conduct shall govern all
aspects of this class. The Code of Conduct is published at the school’s website:
HTTP://WWW.LUC.EDU/LAW/MEDIA/LAW/FYI/PDFS/CODE_OF_CONDUCT.PDF
.
ACCESS TO STUDENTS
Although I serve as an Adjunct Professor, I do not have an office at the law school.
In order to be as available as possible to answer any questions or concerns, please
contact me via e-mail to my work address (AND NOT MY LOYOLA E-MAIL
ACCOUNT): JJGROGAN@IARDC.ORG. In addition, you can call me at my office
and attempt to speak to me during regular business hours or, as an alternative,
telephone my office and leave a voice mail at any time, day or night.
MISCELLANEOUS SCHEDULE NOTES
Class will meet on in Room 1103 at the Corboy Law Center. On Tuesdays, class
will convene from 7:00 p.m. until 8:40 p.m. On Thursdays, class is scheduled from
6:00 p.m. until 6:50 p.m. Withdrawal from class with an “EC” designation must
occur no later than February 12, 2016. Please note that there will be no class on
Thursday, February 4, 2016, and on Tuesday, February 9, 2016. In addition, there
is a possibility that the March 17, 2016 class may need to be cancelled.
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SYLLABUS
IRPC: ILLINOIS RULES OF PROFESSIONAL CONDUCT (EFFECTIVE JANUARY 1, 2010, WITH AMENDMENTS)
MR: AMERICAN BAR ASSOCIATION MODEL RULES OF PROFESSIONAL CONDUCT (E2K AND LATER AMENDMENTS)
January 19.
Syllabus
Review;
an
Introduction to the Ethical
Problems in the Practice of
Law; Systems of Lawyer
Regulation.
Read Textbook 1-51; 154-155;
851-887; 949-951. Glance
through ABA Model Rules
contained in Ethical Problems
in the Practice of Law. Find
and read In re Karavidas,
2013IL115767 (2013).
January 21;
January 26.
Admission to the Bar;
Bar Examinations;
Character and Fitness.
Textbook 52-78; 889-905;
Illinois Supreme Court Rules
701-717; and
MR & IRPC: Rule 8 Series.
January 28;
February 2;
February 11.
Lawyer Liability and
Disciplinary Procedures
Textbook 79-148;
Illinois Supreme Court Rules
721-799; and
MR & IRPC: Rule 5 Series.
February 16.
The Duty to Protect Client
Confidences
Textbook 159-228; and
MR & IRPC: Rule 1 Series.
February 18;
February 23;
February 25.
The Attorney-Client Privilege
and the Work Product
Doctrine
Textbook 229-277.
March 1;
March 3;
March 15.
Relationships Between
Lawyers and ClientsFormation and Basic Duties
Textbook 279-377; and
MR & IRPC: Rule 1.18, Rules
2 and 6 Series.
March 17;
March 22.
Concurrent Conflicts of
Interest
Textbook 379-469; and
MR & IRPC: 1.7.
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March 24;
March 29.
Conflicts Involving Former
Clients
Textbook 471-519; and
MR & IRPC: 1.9, 1.10, 6.3,
6.4.
March 31;
April 5.
Conflicts of Interest Between
Lawyers and ClientsClient Protection Funds
Textbook 148-154; 521-605;
818-819
MR & IRPC: 1.5, 1.8, 1.15;
In re Clayter, 78 Ill.2d 276,
399 N.E.2d 1318 (1980); and
ARDC Client Trust Account
Handbook.
April 7;
April 12.
Conflict Issues for
Government Lawyers, and
Judges
Textbook 607-642;
MR & IRPC: 1.11, 1.12;
Illinois Code of Judicial
Conduct; ABA Model Code of
Judicial Conduct.
April 14;
April 19.
Lawyers’ Duties to Courts
Textbook 643-727; and
MR & IRPC: Rule 3 Series.
April 21;
April 26.
Lawyers’ Duties to
Adversaries and Third Persons
Textbook 729-787; and
MR & IRPC: Rule 4 Series
April 28.
The Legal Profession
Regulatory Restrictions on
Law Practice and the
Provision of Legal Services
Textbook 789-848; 906-948;
In re Driscoll, 85 Ill.2d 312,
423 N.E.2d 873 (1981); and
MR & IRPC: Rule 7 Series.
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