Legal Ethics (Summer 2013)
Wednesday, 6:00 – 8:45 PM
Adjunct Professor John L. Szabo
(410) 446-0468
Johnl.szabo@gmail.com
Office hours: To Be Announced
Course Overview
This course addresses the rules of professional conduct and how they govern attorney behavior
in the practice of law. Whether you intend to engage in a transactional or litigation practice,
start your own law firm, work for a firm or the government, or clerk for a judge, you will need to
be able to spot ethical issues and have the tools to resolve those issues appropriately.
The course will focus on the ABA Model Rules of Professional Conduct, a version of which has
been adopted in most states, and which is the basis for the MPRE. These rules shape an
attorney’s relationship with a client, obligations to the court and others, and duties as an
advocate. These topics will be explored through hypotheticals, recent cases, opinions, and
articles, with an objective towards providing a practical approach to addressing professional
responsibility in practice.
Required Texts
Lisa Lehrman and Philip Schrag, Ethical Problems in the Practice of Law (Aspen Publ. 2d ed.
2008 or 3d ed. 2012)
American Bar Association, Model Rules of Professional Conduct (2001 ed.). Note that the
Model Rules are available at:
http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_prof
essional_conduct/model_rules_of_professional_conduct_table_of_contents.html.
Exam: There will be an in-class, open-book exam.
Grades: The final examination will account for 75% of your grade. Class participation will
account for 20%. A writing assignment will account for 15%.
SYLLABUS
Class 1: Introduction to Legal Ethics, Legal Profession, and Bar Exam
L&S: 20-59; 64-71
Model Rules: Preamble and Scope; Rule 1.0
Lawyer Responsibility
L&S: 73-128
Model Rules: 1.1; 1.3; 5.5; 8.1; 8.3; 8.5
Class 2: Confidentiality
Duty to Protect Client Confidences
Basic Principle of Confidentiality
L&S: 151-160
Exceptions to Duty
L&S: 161-188
Model Rules: 1.0; 1.2; 1.6; 1.8; 4.1; 8.4
Class 3: Confidentiality (cont’d)
Client frauds and crimes, revealing confidences, use for gain
L&S: 188-205
Attorney-Client Privilege and Word Product Doctrine
Confidentiality and Privilege Compared
L&S: 217-260
Model Rules: 1.0; 1.2; 1.16; 3.3; 4.1;8.4
Work Product Doctrine
L&S: 261-263
Class 4: Relationships Between Lawyers and Clients
L&S: 266-350
Model Rules: 1.0(d); 1.2; 1.4; 1.16; 2.1; 8.4
Class 5: Concurrent Conflicts of Interest: General Principles
L&S: 352-389
Model Rules: 1.7; 1.10; 1.18
Class 6: Concurrent Conflicts of Interest in Particular Practice Settings
L&S: 392-433
Model Rules: 1.7; 1.8; 1.13
Class 7: Conflicts Involving Former Clients
L&S: 435-481
Model Rules: 1.7; 1.9; 1.10
Class 8: Conflicts Between Lawyers and Clients
L&S: 484-561
Model Rules: 1.4; 1.5; 1.8; 1.16; 5.2; 7.2; 8.3; 8.4
Conflicts Issues for Government Lawyers and Judges
L&S: 563-591
Model Rules: 1.9; 1.11; 1.10; 1.12
WRITING ASSIGNMENT DUE
Class 9: Lawyers’ Duties to Courts, Adversaries, and Third Persons
Courts
L&S: 593-677
Model Rules: 1.2; 1.16; 3.1; 3.3; 3.4; 3.7; 3.9; 4.1; 7.1; 8.4
Adversaries and Third Persons
L&S: 679-730
Model Rules: 3.8; 4.1-4.4; 8.4
Regulatory Restrictions on Law Practice
L&S: 791-817
Model Rules: 7.1-7.5; 5.4; 5.5
REVIEW