Prof Responsibility-RS

Prof Responsibility-RS - Professional Responsibility Spring...

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Professional Responsibility Spring 2003 Santalesa Professional Responsibility - First Class - 01/13/2003 Prof. John Q. Barrett 718 990-6644 barrettj@stjohns.edu * Check out those MPRE lectures I recorded from PLI. Q. Why so many lawyer jokes? * Negative perceptions of us - $ - Based on large jury verdicts; tort reforms. * Accident scene circumstances (human tragedy) * Many politicans are lawyers, too. And represent power through this, as well. Countering the negative perception. * Good people * Value provided to clients * Accident scene - * Power used for ____ (justice) This course cover the practice of law . .. what the thing is that is the business of lawyering. There are five circles in the practice of law Circle 1 - * You unto yourself Circle 2 - * Relations with clients Circle 3 - * Part of a law firm, or affiliation of attorneys working together. Circle 4 - * All above is also within the entire legal profession < < This is where this course centers. Circle 5 - * Which is within society as a whole Five overlapping layers of your identify as a lawyer. Q. Which predominates? What about when they come into conflict? - This course is professional responsibility. .. located by name and coverage in the 4th legal profession layer. Bring to all these layers: Knowledge Values and morals (Ethics within this) Zeal - enthusiam, dedication, loyalty Business aspect of lawyers. Write down the number on the survey - $250,000 - Sup. Think about why you came to law school. 4. Character Inquiries, p. 698 Q. Rule abiding ability? Criminality. .. law-breaking is something you want to detect, even if not prosecuted 4 Items 1. Financial Probity 2. Mental Health 3. Honesty and integrity 4. Loyalty to American system of government. In re Hale , 723 N.E. 206 (Ill. 1999), p. 705 - Court said that. they weren't going to let him on the Bar. In Matter of Prager , 661 N.E. 2d 84 (Mass. 1996), p. 701 - 1
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Professional Responsibility Spring 2003 Santalesa Talking about NY 2 A.D. application form for fitness. RULES - Three generations of professional regulations to keep track of. 1. Canons (1908) - Very short, hortatory statements about what lawyers should do and be. No rules in the sense they're easy to use or enforce. [ABA promulgating. .. and states adopting.] WATERGATE (lawyers did it.) 2. Model Code Has a structure Ethical considerations (EC's) - Background and aspirations. Disciplinary Rules (DR's) [ABA promulgated. .. states adopted in various ways.] 1980s - Responding to deteriorating of lawyer's reputation. Model of lawyering in Model Codes is client-focused zealous representation. Model in the Model Rules puts duties to courts and legal system generally over the client. The structure of the model rules is different. 3. Model Rules
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Prof Responsibility-RS - Professional Responsibility Spring...

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