Professional Responsibility Outline

Professional Responsibility Outline - Elan Weinreb...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
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:
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
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.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern