Professional Responsibility Outline

Professional Responsibility Outline - Elan Weinreb...

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Elan Weinreb Page 1 of 110 Elan Weinreb January 20, 2001 Professor Yaroshefsky Professional Responsibility Outline The exam is cumulative. One part builds upon the other. Know the rules and the Code provisions that we’ve covered in class. Gillers’ nuances are not going to be tested. Make sure to cite where Code and Rule provisions are applicable, except where major cases are indicated. The exam is usually four hours and comes to three to four bluebooks. Legible handwriting is important. The exam is open everything. Simulations should be looked over as hypotheticals for the exam. The exam will be essay-based. Papers are also graded on the same curve. The exam is four hours. You will need all four hours. The Prof.’s exams are fair but hard. There needs to be grading on a curve. There is an old exam in the library. Everything on the exam is what we’ve covered. I. Introduction – Or: “I’m proud to be a scum-sucking slimeball who defends corporations!” A. The law that we will be discussing in this course is a product of professionalism and market forces. Both forces vie with each other. There is a unique tension between professionalism and business. Keep in mind the four aspects of a profession (and thus, the defining aspects of professionalism): 1. Self-regulation 2. People depend upon you 3. Intelligence is a mark of the profession 4. The client and the public good is put ahead of self-interest B. Professional Responsibility is not about ethics. It’s about the rules governing lawyers. We need to insure that our profession is serving the public so that the public’s poor perception of lawyers changes. The lawyer is there as the spokesperson for people in trouble. Clients want you to be aggressive, but society in general does not want you to be aggressive. C. A big problem is access to justice. There is very little pro bono work being done today, and it is decreasing. Access to justice—or really lack of access to justice—is what causes cynicism amongst people towards lawyers. D. A History of Legal Ethics and the Law Governing Lawyers – 1. In 1909, all that existed that governed the conduct of lawyers were the canons of ethics. They were hortatory provisions and they numbered nine. Here were the two most important canons:
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Elan Weinreb Page 2 of 110 a) A lawyer should exercise independent professional judgment. b) A lawyer should zealously represent his client. 2. The canons, with some ethical considerations, governed the bar until 1977, when a Code of Professional Responsibility was passed. The cases that lawyers took became more diverse and the profession people-wise became more diverse. 3. The ABA had committees that got together and adopted the Model Code of Professional Responsibility. The House of Delegates, the entire body of the ABA, passed the Model Code of Professional Responsibility in 1977. Each state took up the Model Code, and then each state’s bar associations evaluated the Code and adopted it. New York adopted the Model Code of Professional Responsibility.
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This note was uploaded on 02/14/2008 for the course LAW 7711 taught by Professor Staff during the Spring '02 term at Yeshiva.

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Professional Responsibility Outline - Elan Weinreb...

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