PR notes 1 - Professional Responsibility Notes Topic 1:...

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Professional Responsibility Notes Topic 1: Introduction to Professional Responsibility Nature of Lawyers Work, p. 1-2, 6-7 On the Teaching of Legal Ethics, p. 8-14 Concept of Professional Responsibility, p. 14-21. (MR Scope Note) Nature of Lawyers Work p. 1-2, 6-7 - Tension between a reliance on legally enforceable standards in the regulation of lawyers as an organized group and as individuals and an expectation that member as the legal profession in the exercise of good conscience will conduct themselves according to normally accepted concepts of morality or ethics. On the Teaching of Legal Ethics p. 8-14 - Students begin to develop ethical standards of legal conduct while in law school - Examining the demands on the attorney in order to analyze legal ethics o Obligations to Self Protecting lawyers economically is the most important contribution to manage this “In a house without bread…” Client Court and legal system Society o Client v. Integrity of the System Honesty in pleading Getting around laws inhibiting divorce Family law Basically bending the rules to get what you’re client wants o Client v. Society Contracts Tort law Criminal law Conflict between the right of the public to effective law enforcement and the right of the individual client to effective representation o New Pressures From Changing Professional Structures o Reducing Ethical Pressures In many instances this can be done through codification of standards - Notes o #1 – High stress of legal profession results in serious personal problems. o #2 – Seems like lawyers are losing independence and just doing what the client asks, depriving the client of the best the lawyer has to offer—advice. o #3 – What law allows vs. what justice allows. Not always the same. As lawyer you are obligated to make the law accessible to client, and also to notify client that injustice may occur as a result o #4 – Lawyers as hired guns, not guardians of society Concept of Professional Responsibility Professional Regulation and Professionalism - Development of rules, see below - Notes o #1 – Rules don’t appeal to conscience, but to sanction o #2 – Texas state bar rules are quasi-statutory and have same effect as rules of procedure o #3 – Suggests a difference between professional responsibility and legal ethics o #4 – Two sets of rules? One set of minimum and one optimal. USDC, Texas, 1988 - Recognizes court’s power to make rules to control court officers 1
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Professional Responsibility Notes - Adopts following rules o (A) In fulfilling his or her primary duty to the client, a lawyer must be ever conscious of the broader duty to the judicial system that serves both attorney and client. o
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PR notes 1 - Professional Responsibility Notes Topic 1:...

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