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Professional Responsibility
Course Information and Resources
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Spring 2010
Faculty Information
FACULTY INFORMATION
Associate Dean and Professor Barbara Glesner Fines
Email
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glesnerb@umkc.edu
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Phone
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(816) 235-2380
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Office
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2-410 in Story Suite
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Office Hours
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Mondays and Wednesdays from 2:00 to 3:30 pm
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Students are welcome to stop by my office at any time to check
for my availability or you may call or email me to make an appointment
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SCHEDULE
Class meets Mondays, Wednesdays
and Fridays from 1:00 to 1:50
Coursework Begins Monday, January 11 and, absent a need
for any additional make up classes, will end after Friday, March 26th
Class will not meet on the following dates:
Friday, January 15th (individual firm
meetings will be scheduled)
Martin Luther King Day Holiday Monday, January 18
Law School First Mini-term Week: Monday, February 15-Friday February 19 (PR
class will not meet this week)
Friday March 12th - Family Law Moot Court Team Competition
Law School Second Mini-term Week: Monday March 29- Friday April 2nd
(PR class will not meet this week or after)
Final Examination will be available for check out on
Monday, April 5th. Final
group projects will be due on the last day of classes: April 22nd.
Those of you taking the MPRE this semester should
note that the exam will be on Saturday, March 6. Registration deadline is January 26, 2010,
late registration February 11, 2010. See
http://www.ncbex.org/multistate-tests/mpre/
for information on how to register, study materials and a guide to bar admission
requirements in all 50 states.
TEXT
AND COURSE MATERIALS
REQUIRED:
·
A paper copy of the ABA Model
Rules of Professional Conduct (2004 or later edition). Copies can be purchased through on-line
bookstores such as Amazon.com or at the campus bookstore.
Students must bring the rule book to class.
Failure to have a book in class will be considered an absence. When rules are assigned for class, be sure to
read all pertinent sections of the rules and the comments. Remember that over
the course of the semester, you should read the entire Model Rules, including
sections that we do not review in class.
·
Readings
COURSE
POLICIES & OBJECTIVES
Course
Goal
My goal
for your learning in Professional Responsibility is that, by the end of the
course, you will believe that issues of attorney ethics and regulation are very
important to every attorney and their clients, and that you will feel confident
that you can identify and respond to any ethical issue that might arise in your
practice.
Learning Objectives
At the
end of the course, students should:
1.
You should be able to explain the
relationship between bar-generated disciplinary codes and other sources of law,
such as cases, statutes and regulations. You should be able to identify
the core issues and governing law in any troublesome situation and be able
analyze complex professional responsibility problems in the core areas of
concern for attorneys:
·
the four C’s of the attorney-client relationship :
Competence, Communication, Confidentiality, and Conflict-free representation
·
the three C’s of the attorney-court relationship :
Candor, Compliance, and Civility
·
and the FAIR rule for the attorney’s relationship
with everyone else in society : Fairness, Access, Integrity, Responsibility
Finally,
you should be able to recognize the tensions and gaps among these concepts,
which are inherent in the regulation of attorneys.
I will
assess your knowledge and skill in applying the regulations of lawyers through
regular quizzes and on the final examination.
2.
Be able learn more. You will have experience in researching issues of
professional responsibility, of working collaboratively on professional
responsibility decision-making, and be aware of sources for additional help.
I will
assess your ability to find sources through a series of research and/or
analysis assignments which you will complete in collaboration with your law
firm.
3. Acquire a habit of thinking of the values
underlying professional issues. Policy
issues drive the interpretation of much of the law – in Professional
Responsibility those issues must drive your own behavior. You should get in the habit of thinking about
your client, others, and the rule of law in every ethical decision you face.
I will
assess your development of professional identity through oral and written
responses to discussion questions in class and in the final group project and
final exam.
4.
Be able to avoid getting yourself,
your fellow attorneys, and your clients into trouble, by having learned some
practical strategies for avoiding common professional pitfalls.
I will
assess your ability to avoid problems through a series of exercises on risk
management.
A note on the relationship between the
MPRE and the Professional Responsibility course
The Multistate Professional Responsibility Exam (MPRE) is NOT a law school exam
or a requirement of any law school course. Most students take the MPRE in the
same semester as they enroll in Professional Responsibility; however, the exam
can be taken before taking the course or in semesters after completing the
course. While there is a substantial overlap in subject matter between the
professional responsibility course and the MPRE, the law school course is not
designed as a "bar prep" course for the MPRE for two reasons:
First, the
MPRE tests some materials that are easily mastered without a law school
course. It would be a waste of your
tuition dollars and time to take an entire law school course simply to master
these rules.
Second, the
MPRE tests only a small portion of the knowledge required to practice law
professionally and ethically. The MPRE
necessarily cannot test doctrines for which there is substantial uncertainty or
controversy regarding their meaning or application nor can it test notions of
“best practices.” Yet this is the very
knowledge that attorneys must call upon in their day to day practice.
While much of
the PR course will prepare you to take the MPRE, you should understand that
some subjects tested on the MPRE are not covered in the PR class and some
subjects tested on the PR exam and through in-class assignments are not covered
on the MPRE.
A note on collaborative learning and
professional responsibility
While law
school encourages (and even requires) you to work independently of one another,
in practice, attorneys regularly work collaboratively. Collaborative work is an independent
professional skill essential to effective and ethical practice. Many students don’t like group work, but I
hope you will find the group learning approach to be effective for you in this
course. Some students do not like group
work because of the free-rider problem.
I try to make group assignments ones in which work can be shared equally
by all. Moreover, I will be balancing
individual assessment with group assessment and will be providing you plenty of
opportunities to address workload issues within your firm. In the years I have
used group work in the classroom, I have not heard many complaints about
unequal work distribution. Other
students view collaboration as interfering with their ability to compete with
other students for a grade. However, it
is the rare individual who, working alone, can outperform a well-functioning
group. So view your firm as yet another
resource in your achievement matrix if you must. Finally, some students simply don’t enjoy
working with others at all; others, however, prefer to work with others and,
since the majority of law school favors the first group, an opportunity to give
some time to collaborative learners seems entirely fair and appropriate.
Course
Requirements and Grading
1.
Regular and respectful class attendance is required.
Regular, prepared,
and punctual attendance is required in the legal profession. To reinforce those habits in this course of
professional responsibility, the following policy will be applied.
You must
attend all classes unless excused. To be
counted as present in any class you must:
·
Arrive on time
·
Have necessary materials (a copy of the rules and
other assigned material)
·
Remain for the entire class session. (If you have a
medical condition that requires you to leave class, just let me know and I will
insure that you are seated where you can leave and return without disrupting
others).
·
Be engaged in class.
Students who are noticeably disengaged (falling asleep, web surfing,
reading materials unrelated to the class) may be counted absent.
All
absences must be excused by providing at least 24 hours advance notice to me of
your absence, barring emergencies that prevent notice. You need not give a reason for your
absence unless you are absent without advance notice. Failure to excuse an
absence will result in a grade penalty of 10 points.
Your
absences (whether excused or not) may not exceed four class sessions. Each absence
exceeding this limitation results in a one-step letter grade reduction for the
course to be assessed by the Dean’s Office, e.g., from "B" to
"B-" or from "A-" to "B+". Absences in excess of six class sessions
shall result in the student's administrative withdrawal from the course
provided the student is in good standing at that time, i.e., provided the
student has not earned the grade of "F" for work completed at the
time of withdrawal. Students who are not in good standing will receive a grade
of "WF" for the course.
I take
attendance through a seating-chart each scheduled class and maintain attendance
records for the class. You will have copies of your firm’s attendance in your
firm folders. If at any time you have questions about your attendance, feel
free to contact me.
2.
Students are expected to prepare for class and participate in any discussions
and complete any in-class exercises.
Please
complete all reading assignments before class. I will conduct classes
through a variety of methods. Because the ability to collaborate is an
essential aspect of the practice of law in nearly all settings, many classes
will include group exercises and discussions.
Unless
otherwise notified by the instructor, students are responsible for all
materials assigned, regardless of specific coverage in class. The pacing
and content of assignments may be adjusted to reflect student mastery and
interest.
I will
use quizzes or short written exercises during the semester, to assist you in
preparing for and reviewing materials in class. On occasion, we will
incorporate brief role playing exercises into our study. Please consider that the value of role
playing exercises turns largely on your willingness to play the role
sincerely. For some topics, I will
lecture on the assigned topic. Lecture outlines will be provided to
minimize your need for note taking. Please feel free to contribute news items,
videos of television programs, lawyer jokes and advertisements. I will
try to incorporate as many of these contributions into the classroom activities
as time and the syllabus allows.
3. Final grades will be based on several short
assignments & quizzes and a final examination.
1/3 of
your final grade will be based on the final exam, which you can check out from
my secretary at any time between 9:00 and 3:00 pm on Monday April 5th.
This exam will be open book and open note. The final exam may cover
anything we discuss in class (including guest speaker presentations), as well
as any questions that may be answered by using the Model Rules or the reading
materials assigned for class.
1/3 of
your final grade will be based on your group work, which will consist of a series
of in-class discussion problems, group quizzes, role plays and a final,
out-of-class project. The final project
will consist of a problem for your analysis, research and group resolution. You will then be asked to draft a memorandum
explaining and justifying your resolution and a document necessary to achieving
the resolution (a client letter, motion, etc.).
You will also complete a group and peer evaluation of your skills in
collaborative work.
1/3 of
your final grade will be based on your individual work during the
semester. Students will be expected to
prepare a number of individual problem assignments and short quizzes over
the course of the semester. I will offer some short individual quizzes during
the semester. In addition, I will award
class participation points to students who are called upon or who volunteer to
contribute to class discussions in class or through contributing thoughtful
written reflections on the materials or discussion after class. For most students, diligent class attendance,
preparation and participation will insure that they can receive the maximum
points available for individual work in the course.
Disabled Student Services
UMKC
endeavors to make all activities, programs and services accessible to students
with disabilities. A Campus Coordinator for Disabled Student Services is
available to arrange for reasonable accommodations. If you need
accommodations, it is important that you contact the Coordinator as soon as
possible to arrange for providing appropriate documentation and the prescribing
of reasonable accommodations in the classroom and for exams. For information
call (816) 235-5696. Speech and hearing impaired use Relay Missouri
COURSE SYLLABUS
Before our first class, please
go to http://www.surveymonkey.com/s/FLPVSB6
and complete the survey there.
I will use this information
in two ways: first, it helps me get to know each of you a little better and,
second, I use this information to divide up assignments among you so that you
will be working on assignments tailored to your practice area. Your responses
will be seen only by me.
Monday, January 11, 2010 Class One – Introduction to the Legal
Profession -
Read
Chapter One (Doc) (PDF) and
complete the reflective learning assignment.
Wednesday, January 13, 2010 Class Two – Admission to Practice –
Read Chapter Two (Doc) (PDF) and
complete the research assignment according to the delegation you have made in
your law firms.
Class
Three – Working with Clients
(Please
schedule an individual meeting time for your firm to conduct your client
interviews)
Wednesday, January 20, 2010 Class Four – Admission to Practice
Continued
(We will watch a client interview and
discuss the admissions candidates problems from Chapter 2)
For review, see the CALI lesson on
Admissions
Friday, January 22, 2010 Class Five - Why a Professional Monopoly?
Read Chapter Three
(Doc) (PDF) and
complete the questions and problems.
Monday, January 25, 2010 Class Six – Regulation of the
Profession
Read
Chapter Four (Doc)
(PDF)
and complete the questions and research
assignment as a firm.
To
review, see the CALI lesson on Bases
for Attorney Discipline
Wednesday, January 27, 2010 Class Seven - Competence
Read
Chapter Five (Doc)
(PDF)
and complete the questions
Friday, January 28, 2010 Class Eight - Choosing and
Withdrawing from Clients
Read
Chapter Six (Doc)
(PDF) and
complete the questions and problems.
To review,
see the CALI lesson on Choosing and
Withdrawing from Representation and the Client or Not?
game
Monday, February 1, 2010 Class Nine – Fees, Files
& Property
Read Chapter Seven (Doc)
(PDF)
To
review, see the CALI lesson on Fees
Wednesday, February 3, 2010 Class Ten – Who’s in
Charge?
Read
Chapter Eight (Doc)
(PDF)
Friday, February 5, 2010 & Monday February 8, 2010
Class Eleven & Twelve– The Duty of
Confidentiality
To
Review, see the CALI lesson on Confidentiality and
Privilege
Wednesday
February 10, 2010
Class Thirteen – Consent to Disclosure
and Waiver of Privilege
Friday
February 12, 2010
Class Fourteen – Exceptions to the Duty of Confidentiality to
Protect Third Persons
Read
Chapter Eleven (Doc)
(PDF)
February
15-19, 2010 MINI TERM I – No class this week
Monday, February
22, 2009 Class Fifteen – The Duty of
Candor to the Tribunal
Read
Chapter Twelve
Wednesday, February 24, 2009 Class Sixteen
–
Today we will have lunches with local attorneys in our
practice groups
Friday,
February 26, 2009 Class Seventeen – Negotiation Ethics
Read
Chapter Thirteen
Monday,
March 1, 2009 Class Eighteen – Conflicts of Interest – General Principles &
The Disqualification Power
Read
Chapter Fourteen
Wednesday, March 3, 2009 Class Nineteen
– Conflicts & The Attorney’s Self
Interest
Read
Chapter Fifteen
Friday,
March 5, 2009 Class Twenty – Conflicts between Current Clients
Read
Chapter Sixteen
Monday,
March 8, 2009 Class Twenty-one – Former
Client Conflicts
Read
Chapter Seventeen
Wednesday, March 10, 2009 Class Twenty-two
– Imputed Disqualification
Read
Chapter Eighteen
Friday,
March 12, 2009 No class today
Monday,
March 15, 2009 Class Twenty-three –
Dealing with Other Clients
Read
Chapter Nineteen
Wednesday, March 17, 2009 Class Twenty-four
– Civility & Fairness
Friday,
March 19, 2009 Class Twenty-five –Advertising and Solicitation
Monday,
March 22, 2009 Class Twenty-six – Access to Justice
Wednesday, March 24, 2009 Class
Twenty-seven – Firm Work Day
Friday,
March 26, 2009 Class Twenty-eight - Review
INTERNET RESOURCES FOR THE STUDY OF PROFESSIONAL RESPONSIBILITY
·
ABA Model Rules of
Professional Conduct
·
Missouri Supreme Courts Rules Governing
the Judiciary and the Bar
- Missouri
Legal Ethics Counsel Informal Advisory Opinions
- Missouri
Supreme Court Formal Advisory Opinions
- Kansas
Supreme Court Rules Relating to Discipline of Attorneys
- Kansas
Supreme Court Rules Relating to Admission of Attorneys
Selected Research Links
- ABA/BNA Lawyers Manual on
Professional Conduct (subscription required)
- American Legal Ethics Library (Cornell University LII)
- ABA
Center for Professional Responsibility
- National Organization of
Bar Counsel (NOBC)
- Association of
Professional Responsibility Lawyers
- Find Law Index : Ethics and Professional Responsibility
- Legal
Profession Blog
- Freivogel on Conflicts
- Legal Ethics Forum
- Legal
ethics.com (Internet Legal Services)