PR Outline - Dzienkowski

PR Outline - Dzienkowski - Professional Responsibility...

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Professional Responsibility Outline BarBri Review July 22 Background What is this class about? o After Watergate (involved lots of lawyers) this became a req class This course has gone from a jurisprudence course to a rule based course, articulated standards o The second major development (after WG) happened in the 70’s – conflicts of interest o Malpractice – why are there so many more suits against lawyers now than there used to be? cultural change that lawyers now sue lawyers changes in the law We apply the discovery rule in SOL – this has expanded the # of years in which clients can sue lawyers; Now if you don’t tell your client that you have made a mistake or they don’t know, them SOL doesn’t start Expansion of 3 rd party suits Ex – Vince & Elkins (represented Enron) is being sued by a lot of third parties related to Enron criminal law - wire fraud, mail fraud, conspiracy, accessory crimes all mean firms have to be a lot more careful federalization and internationalization of the subject congress has gotten very involved MDP/MJP How did we get where we are in the subject? o Law used to be judge controlled, apprentice system; very localized; b/c of this rules vary from state to state o This changed w/ Creation of law schools, Industrialization, creation of corporate interest, Lawyers’ creation of ABA ABA/State Bar model o ABA was a trade group create by corporate lawyers to look at common problems they face from the corps o As a lawyer you can ignore the ABA…UNLESS your state adopts the ABA rules o ABA pushed the integrated bar model Judges don’t totally control bar; State Bar is the administrative arm of the state SC You have to belong to the state bar to practice law Basic Requirements to becoming a Lawyer Age/ Education o There is a minimum age, but b/c of education req this doesn’t really come up o In US you have to have undergrad + 3 yrs of law school in an ABA accredited school o Why accreditation by ABA required? How else would TX know what schools in other states are good or not? But accreditation created a significant barrier to new, innovative schools and education o Changes/challenges to ABA model 1
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Bill Clinton had a big part in broadening ABA reqs (making less strict) now there are more schools that are approved by ABA brought up argument why should someone spend 3 yrs in law school but not be able to practice b/c didn’t pass bar? Why not just have a disclosure rule? Concord Law School – the online model an all online school, owned by Kaplan, Washington Post they are pushing for accreditation – will they get it? f they do, prof thinks Concord LS threatens the smaller ABA approved schools Foreign law model Some states allow foreign lawyers to come here as foreign law specialists Some states, like NY, let foreign lawyers come and take 1 yr of law school then sit for the BAR Other countries say we let your lawyers come, so let ours
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PR Outline - Dzienkowski - Professional Responsibility...

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