PR SU2008--DZ Class Notes

PR SU2008--DZ Class Notes - 2008.06.05 Monday, June 02,...

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2008.06.05 Monday, June 02, 2008 9:02 AM Most of the subject matter is traced to common law history. We didn't follow the barrister/solicitor model. Many of the first lawyers were British citizens. They became lawyers through the apprentice system. When you switched seats, you would have to go before judge to have them approve you. System was controlled by the judiciary. In the late 1800s as corporations started to form, the lawyers who represented big oil and coal got together to share things. They formed the ABA, a self-proclaimed group that claims to represent the American legal practitioners. They have no real power. Came from a corporate background. ABA did two things: 1. Drafted model codes and tried to get the states to adopt them. i. We study the model rules. Ethics 2000 version of them. 2. They also basically told the states that they wanted an integrated bar system. i. Each state has a bar and you have to be a member of the bar there to practice. ii. This exists in about 45 states. This is consistent with professional associations Why? Characteristics of a profession 1. Self-regulation 2. Higher Learning 3. Barriers to entry in the profession i. Limits 4. Public service Codes--Alabama 1. 1908 Canons i. Very broad platitudes ii. Democratic wrongs 2. 1969 Model Code (NY still uses this i. Components 1. 9 Canons a. Very Broad 2. Ethical Considerations (ECs) a. Voluntary 3. Disciplinary Rules (DRs) a. Mandatory ii. Criticisms 1. Litigators 2. Strongly endorsed zealous advocacy--pushing the law to the edge 3. Courts using--changed how they were used. a. Courts now afraid of conflict of interests, and this is why this is important 3. 1983 Model Rules i. Updated in 2002 1. Called E2K ii. Like a statute or a restatement 1. Text, comments 2. Address 3 issues 3. Stuff for non-litigators 4. More stuff on disqualification iii. Adoption 1. 45 states adopted original rules a. 50% were different somehow 2. 30 states have adopted E2K a. Only about 20 % now b. Variations i. Texas 1. Advertising 2. Referral Fees 3. Local practice regulations j
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Forums for this course 1. Disciplinary action by the bar 2. Malpractice forum i. How does a client use these rules when you are sued? 3. In court i. When you're representing the client. ii. Disqualification iii. Sanctions 4. Criminal Law i. Aiding and Abetting laws ii. Money Laundering Topic 1 ABA pushes for 1. Mandatory State Bar Membership 2. Law School Model i. 3 years ii. Must be ABA accredited 1. Clinton pushed the ABA to be more open as what they accept as a law shool a. Old requirements i. Building ii. Library b. New requirements i. Opposition criticisms 1. Barrier to entry 2. Don't want to cheapen it into a "trade" i.e. DeVry 3. Concord Law School/Internet based law school iii. Exam--the Supreme Court of the state sets the limits of what constitutes passage so they don't violate anti-trust laws. 1.
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This note was uploaded on 08/28/2008 for the course F 385 taught by Professor Dzienkowski during the Summer '08 term at University of Texas.

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PR SU2008--DZ Class Notes - 2008.06.05 Monday, June 02,...

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