Yaroshefsky Sp06-Professional Responsibility - Notes

Yaroshefsky Sp06-Professional Responsibility - Notes -...

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Prof Resp - Notes www.swapnotes.com Page 1 of 38 Professor Ellen Yaroshefsky Spring 2006 January 18, 2006 “DO THE RIGHT THING WHEN NO ONE IS LOOKING” White lie concept-when it comes to being a professional Æ use caution-cant do it! What if mistakenly receive fax intended for your adversary-do u need to notify adversary? Maybe can read it, maybe cant read it, maybe depends how careful the other side was…states are split over this When you finish law school, take bar exam and the MPRE…get admitted to 1 st dept (Bronx, Manhattan)-appellate court-depending on here u live, get admitted to different depts….go before the character committee. ..once u get passed, are only admitted to the bar of NY. Once admitted, the NY Code of Professional Responsibility governs. Almost all the other states have model rules of professional conduct History: Up until 1909, there were no rules governing lawyers. 3 characteristics that public thinks about lawyers-Greed arrogance scorched earth tactics Before 1908 the profession was pretty homogeneous. Around turn of century “riff raffs” came into the profession-law was one of few prof where didn’t need money to start-could apprentice yourself to someone else. 1909-canons of ethics-there are 9 of them. There was very little discipline of lawyers. Stayed this way for 60 years In 1969, prompted by Warren Berger, decided that needed to move in direction of establishing law Æ So that lawyers can be guided when practicing Due process model-do something wrong, get punished. The ABA came up with model code of prof responsibility. After this, every state took model code and adopted their own version of it. NY has NY code of prof responsibility. The concept was that every state would take the code and it would be uniform but didn’t really happen because each state deviated somewhat. Can know this model code because will have canon and then a DR - disciplinary rule-more specific than the canon. EC -ethical consideration-explains what the bar means (right now only NY has these) NY is the only state in the country that retains the NY code. Within a few years of passing the code, the bar said that code isn’t really good-all based on litigation model-not all lawyers are litigators. Looked at various circumstances and saw that code wont work in all the cases…need rules for everything.
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Prof Resp - Notes www.swapnotes.com Page 2 of 38 Professor Ellen Yaroshefsky Spring 2006 Came up with different structure Æ no canons, no DRs only have Rules. Among the goals of model rules was to provide more due process-make it specific as possible to let lawyers know what would be wrong-what could get them in trouble.
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This note was uploaded on 02/14/2008 for the course LAW 7753 taught by Professor Yaroshefshky during the Spring '06 term at Yeshiva.

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Yaroshefsky Sp06-Professional Responsibility - Notes -...

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