Agenda
• Review Syllabus & other class logistics
• Review parts of Chapter 1
– A. This Professional Responsibility Course is
About You
– B. Professional Responsibility is About the Legal
Profession
– C. Can Professional Responsibility be Taught?
– D. The Legal Dimension of Professional
Responsibility
– E. Admission issues: How Do I Become a Lawyer?
• 1 page Hypo
Logistics
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WELCOME! (Lterry@psu.edu)
Casebook & Supplement
Introduce Materials on ANGEL
For Class: SKIM the cases – DO the problems
Quizzes on TWEN (note to transfer students)
FYI: MPRE on March 29, 2014
Distribute PA Rules of Professional Conduct
[optional] purchase form
• Reminder: Complete 1 page survey form
• Stephen Denyer Jan. 22, 2014 1:00-2:15pm Talk
A. This Professional Responsibility
Course is About You [Survey forms and
Question 1-1, Casebook p. 3]
I came to law school:
(A) to make money.
(B) to make the world better.
(C) to pursue a particular interest in law.
(D) to improve my employment.
(E) because I had nothing else to do.
[Question 1-3, Casebook p. 3]
As a result of law school and related work, my
understanding of myself as a lawyer has:
(A)
not changed.
(B)
changed. I am more interested in public service.
(C)
changed. I have a different goal for my career.
(D)
changed. I am more happy about being a lawyer.
(E)
changed. I am less happy about being a lawyer.
[Question 1-4, Casebook p. 4]
After I graduate, I would like to
work in:
(A)
(B)
(C)
(D)
(E)
(F)
public interest law.
government.
a large firm.
a small firm or solo practice.
a business.
Other
B. Professional Responsibility is
About the Legal Profession
[Question 1-7, Casebook p. 5]
Lawyers should have high ethical standards
because:
(A)
(B)
(C)
law is a profession.
lawyers work has the potential to have a major
impact on individuals, businesses and society.
all people should have high ethical standards.
[Question 1-9, Casebook p. 6]
Do you agree that lawyers can make money,
have fun, and do good, all at the same time?
(A) Yes
(B) No
[Question 1-10, Casebook p. 14]
I expect this Professional Responsibility
course to be:
(A) fun.
(B) challenging.
(C) both fun and challenging.
(D) neither fun nor challenging.
[Question 1-11, Casebook p. 14]
I want the following from my Professional
Responsibility course:
(A) Knowledge of the law and rules governing lawyers.
(B) Development of my professional identity.
(C) Development of my capacity for moral reasoning.
(D) A & B.
(E) A, B & C.
[Question 1-12, Casebook p. 15]
I believe that a Professional Responsibility
course is:
(A) the most important course in law school.
(B) the second most important course in law
school.
(C) less important than my first year subject
matter classes.
(D) relatively unimportant.
D. The Legal Dimension of
Professional Responsibility
• Review the history of the ABA Model Rules of
Professional Conduct
– The 1908 Canons
– The 1977 Code of Professional Responsibility
• Used DRs & ECs [Disciplinary Rules & Ethical Considerations]
– Ethics 2000 & Ethics 20/20 Amendments (2012-13)
• The ALI, Restatement of the Law Governing
Lawyers (2000)
• Additional sources of law (constitutional,
statutory, case-law, international initiatives)
• Review of URLs Handout
E. Admission Issues: How Do You Become a Lawyer?
• State-based admission system
• Find your state’s Bar Admission Rules (e.g PA BAR
203). Typically for new applicants:
– Take the bar exam (includes the MPRE – taken earlier)
– Character & fitness requirements
– New Developments: The UBE & the ABA’s revised
model admission on motion rule
• Residency requirements are unconstitutional
• Separate admission for EACH court system (state
v. each federal court)
• Temporary admissions procedures (Rule 5.5 & Pro
Hac Vice – see chapter 2)
Where do you tentatively plan to be
licensed?
A.
B.
C.
D.
E.
Pennsylvania
New Jersey
Maryland
Virginia
Other
Rule 8.1 Bar Admission And Disciplinary Matters
An applicant for admission to the bar, or a lawyer in connection
with a bar admission application or in connection with a
disciplinary matter, shall not:
(a) knowingly make a false statement of material fact; or
(b) fail to disclose a fact necessary to correct a misapprehension
known by the person to have arisen in the matter, or knowingly
fail to respond to a lawful demand for information from an
admissions or disciplinary authority, except that this rule does
not require disclosure of information otherwise protected by
Rule 1.6.
HYPO
1. Suppose you are a lawyer who knows that your client is innocent.
If your client is found guilty, the client could face life in prison.
2. However, you also know that the prosecutor has a convincing
eyewitness who will not be shaken and who will testify that the
client committed the crime.
3. Assume that you also know that you can obtain a convincing
forged hotel register from a city several hundred miles away
which will “prove” that your client was in the other city at the time
of the crime.
4. Assume that you know that you will not be caught if you engage
in this fraud.
What will you do?
Show Chart
REJECT SLIDES
Chapter 1
Introducing Professionalism and
Legal Ethics
[Question 1-2, Casebook p.3]
A lawyer is:
(A) a hired gun.
(B) an expert advisor.
(C) an altruistic public servant.
(D) a businessperson.
(E) a fraud
[Question 1-5, Casebook p. 5]
Your college has invited you to meet with
undergraduates to describe a career in
law. In no more than 30 seconds, how
would you describe the meaning of
professionalism?
[Question 1-6, Casebook p. 5]
Law practice is:
(A) a business.
(B) a profession.
(C) both a business and a profession.
[Question 1-8, Casebook p. 5]
In your view, which of the following factors
is the most significant cause of the crisis of
professionalism?
(A)
(B)
(C)
(D)
Increased competition in the market for legal
services
Increased diversity in the legal profession
Changes in legal education to devalue
practice and legal ethics
Changes in American culture that encourage
skepticism of claims of expertise and of
commitment to the public good