Professional Responsibility Outline[1] - Summer 2006

Professional Responsibility Outline[1] - Summer 2006 -...

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

View Full Document Right Arrow Icon
Professional Responsibility Outline I. Background of Legal Ethics a. Developments since Watergate i. Conflicts of interest – used to be prevalent 1. In 1970’s, judges disqualified firms based on conflicts, firms started taking it seriously 2. No major firm takes a case without exploring potential conflicts ii. Malpractice 1. Rare 20 years ago, common today – more suits the bigger the firm 2. 3 major changes a. Cultural – lawyers now testify against other lawyers b. Discovery & SoL – used to have short SoL, now it doesn’t run until client knows about malpractice c. Expanded 3 rd party suits – broader range of liability iii. Criminal law – has expanded to reach lawyer behavior 1. Broad crimes – wire fraud, mail fraud, conspiracy, accessory crimes 2. No atty-client privilege if ongoing investigation iv. Federalization/Internationalization 1. Congress more involved in regulating lawyers – banking, tax, and securities 2. MDP, MJP, and outsourcing legal services – ABA doesn’t like it, wants lawyers to be separate, but hard to resist world-wide trend b. Background on ABA and Rules i. Used to be apprentice system ii. 50 state-by-state system – each state controls how you become a lawyer – historical development iii. ABA is voluntary group – drafted rules, but you don’t have to follow them unless your state adopts them iv. SC decides who passes/fails the bar – protected from antitrust laws as long as they don’t delegate the authority v. Preemption 1. Patent law is federal 2. Tax law is in the middle 3. Federal defers to state-by-state system II. Admission Requirements a. Age and Education i. Need undergrad degree and 3 years of law school ii. ABA accreditation 1. allows ABA to control quality of schools 2. Restricts creation of new schools/innovative education 3. ABA resists internet law schools – we’ll see 4. If your school is unaccredited, you can’t become lawyer in different state iii. Foreign law schools 1. Can sometimes take Bar if “common law education” 2. Can be “foreign law specialist: 3. NY allows you to take bar if 1 year LLM b. Exam i. Most states require Bar exam (exception: Wisconsin, automatic members on graduation) 1
Background image of page 1

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

View Full DocumentRight Arrow Icon
ii. All challenges have failed – rationally related to state goal of protecting public c. Citizenship and Residency i. In Re Griffiths (1973) – Equal Protection Clause prevents any state from denying green card holder from being member of the bar 1. TX will not let foreigners become bar members – OPEN Q whether under General Agreement on Trade and Services, fed law preempts ii. SC of New Hampshire v. Piper 1. Challenged residency requirements 2. Holding – you can discriminate against non-residents, but you have to have a good reason 3. SC made practice of law Fundamental Right -> Privileges and Immunities clause applies -> state must articulate goal and show they are using least restrictive means to achieve it 4. New Hampshire argued a.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

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.

Page1 / 26

Professional Responsibility Outline[1] - Summer 2006 -...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online