CG_Legal Prof_Outline

CG_Legal Prof_Outline - Legal Profession I. Regulation of...

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Legal Profession I. Regulation of the Legal Profession a. Introduction (16-41) Hypo 1 and NC St. v. Nifong i. HISTORY OF RULES 1. Canon of Professional Ethics : 1908—First Professional Code 2. ABA Model Code : 1969—Completed revised set of ethical rules 3. ABA Model Rules of Professional Conduct : 1983—Prompted by abuses of Watergate era. States more reluctant to adopt. Majority of States have adopted these rules or based their rules on such a. Structure : Rules, Comments 4. 2002 Version- “Ethics 2000”- ABA Model Rules of Professional Conduct : Most current version of rules; Revision of 1983 rules. Not adopted by many States a. 2003 Amendments : Amendments to Model Rules 1.6 and 1.13 (prompted by Enron), but most states still base their ethics rules on 1983 version b. State Ethical Codes : Are based on ABA model rules, but all differ from each other ii. Professional Responsibility Defined 1. Definition : Law governing lawyers’ conduct 2. Intersection with other law : Often assumed that it’s ruled solely by ethics codes, but other law (criminal, tort, procedural law) must be conformed to as well a. Cannon 7 : Lawyer should represent client zealously, w/in 3. Case Law Interpretation of Rules : Provide only truly authoritative interpretation of ethics rules. Must look at case law interpreting all categories below iii. Sources of Professional Responsibility 1. Law of General Application a. Agency Law : Foundation upon which all of law of PR is based i. General Rules : Found in Restatement 2 nd of Agency ii. Rule : Lawyer, when acting on behalf of client, is an agent (lawyer) of the principal (client). Lawyer is deemed by the law of agency to be a fiduciary of client 1. Fiduciary : Person having the duty to act primarily for another’s benefit in matters connected to the undertaking Meaning: Must put client’s needs first 2. Special Agency Situation : Lawyer has more autonomy than an ordinary agent, in that atty 1
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can exercise judgment independent of the client’s wishes. But this greater autonomy increases lawyer’s potential for liability for acts she undertakes on client’s behalf. Can also make lawyer liable for carrying out questionable directives by the principal. 3. Specially-Defined Fiduciary Capacities : Where lawyer has particular obligations and is governed by particular law dictating the area. Happen in addition to regular fiduciary agent. Ex’s: Guardian ad litum, trustee, etc b. Tort Law : Attorney can be held liable in tort in different ways i. Liability to Client : During representation, etc— malpractice, etc ii. Liability to Third Parties : To non-clients, for conduct lawyer undertakes on behalf of client. Sometimes lawyer can be liable to third parties for
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This note was uploaded on 05/12/2008 for the course CORE Legal Prof taught by Professor Roiphe during the Fall '07 term at NY Law.

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CG_Legal Prof_Outline - Legal Profession I. Regulation of...

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