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Agenda

Agenda. Review Syllabus & other c lass l ogistics Review parts of Chapter 1 A. This Professional Responsibility Course is About You B. Professional Responsibility is About the Legal Profession C. Can Professional Responsibility be Taught?

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Agenda

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  1. Agenda • Review Syllabus & other class logistics • Review parts of Chapter 1 • A. This Professional Responsibility Course is About You • B. Professional Responsibility is About the Legal Profession • C. Can Professional Responsibility be Taught? • D. The Legal Dimension of Professional Responsibility • E. Admission issues: How Do I Become a Lawyer? • 1 page Hypo

  2. Logistics • WELCOME! (Lterry@psu.edu) • Casebook & Supplement • Introduce Materials on ANGEL • For Class: SKIM the cases – DO the problems • Quizzes on TWEN (note to transfer students) • FYI: MPRE on March 29, 2014 • Distribute PA Rules of Professional Conduct [optional] purchase form • Reminder: Complete 1 page survey form • Stephen Denyer Jan. 22, 2014 1:00-2:15pm Talk

  3. A. This Professional Responsibility Course is About You [Survey forms and • Question 1-1, Casebook p. 3] • I came to law school: • (A) to make money. • (B) to make the world better. • (C) to pursue a particular interest in law. • (D) to improve my employment. • (E) because I had nothing else to do.

  4. [Question 1-3, Casebook p. 3] • As a result of law school and related work, my understanding of myself as a lawyer has: • not changed. • changed. I am more interested in public service. • changed. I have a different goal for my career. • changed. I am more happy about being a lawyer. • changed. I am less happy about being a lawyer.

  5. [Question 1-4, Casebook p. 4] • After I graduate, I would like to work in: • public interest law. • government. • a large firm. • a small firm or solo practice. • a business. • Other

  6. B. Professional Responsibility is About the Legal Profession • [Question 1-7, Casebook p. 5] • Lawyers should have high ethical standards because: • law is a profession. • lawyers work has the potential to have a major impact on individuals, businesses and society. • all people should have high ethical standards.

  7. [Question 1-9, Casebook p. 6] Do you agree that lawyers can make money, have fun, and do good, all at the same time? (A) Yes (B) No

  8. [Question 1-10, Casebook p. 14] I expect this Professional Responsibility course to be: (A) fun. (B) challenging. (C) both fun and challenging. (D) neither fun nor challenging.

  9. [Question 1-11, Casebook p. 14] I want the following from my Professional Responsibility course: (A) Knowledge of the law and rules governing lawyers. (B) Development of my professional identity. (C) Development of my capacity for moral reasoning. (D) A & B. (E) A, B & C.

  10. [Question 1-12, Casebook p. 15] I believe that a Professional Responsibility course is: (A) the most important course in law school. (B) the second most important course in law school. (C) less important than my first year subject matter classes. (D) relatively unimportant.

  11. D. The Legal Dimension of Professional Responsibility • Review the history of the ABA Model Rules of Professional Conduct • The 1908 Canons • The 1977 Code of Professional Responsibility • Used DRs & ECs [Disciplinary Rules & Ethical Considerations] • Ethics 2000 & Ethics 20/20 Amendments (2012-13) • The ALI, Restatement of the Law Governing Lawyers (2000) • Additional sources of law (constitutional, statutory, case-law, international initiatives) • Review of URLs Handout

  12. E. Admission Issues: How Do You Become a Lawyer? • State-based admission system • Find your state’s Bar Admission Rules (e.g PA BAR 203). Typically for new applicants: • Take the bar exam (includes the MPRE – taken earlier) • Character & fitness requirements • New Developments: The UBE & the ABA’s revised model admission on motion rule • Residency requirements are unconstitutional • Separate admission for EACH court system (state v. each federal court) • Temporary admissions procedures (Rule 5.5 & Pro Hac Vice – see chapter 2)

  13. Where do you tentatively plan to be licensed? • Pennsylvania • New Jersey • Maryland • Virginia • Other

  14. Rule 8.1 Bar Admission And Disciplinary Matters An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not: (a) knowingly make a false statement of material fact; or (b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this rule does not require disclosure of information otherwise protected by Rule 1.6.

  15. HYPO • Suppose you are a lawyer who knows that your client is innocent. If your client is found guilty, the client could face life in prison. • However, you also know that the prosecutor has a convincing eyewitness who will not be shaken and who will testify that the client committed the crime. • Assume that you also know that you can obtain a convincing forged hotel register from a city several hundred miles away which will “prove” that your client was in the other city at the time of the crime. • 4. Assume that you know that you will not be caught if you engage in this fraud. • What will you do?

  16. Show Chart

  17. REJECT SLIDES

  18. Chapter 1 Introducing Professionalism and Legal Ethics

  19. [Question 1-2, Casebook p.3] A lawyer is: (A) a hired gun. (B) an expert advisor. (C) an altruistic public servant. (D) a businessperson. (E) a fraud

  20. [Question 1-5, Casebook p. 5] Your college has invited you to meet with undergraduates to describe a career in law. In no more than 30 seconds, how would you describe the meaning of professionalism?

  21. [Question 1-6, Casebook p. 5] Law practice is: (A) a business. (B) a profession. (C) both a business and a profession.

  22. [Question 1-8, Casebook p. 5] • In your view, which of the following factors is the most significant cause of the crisis of professionalism? • Increased competition in the market for legal services • Increased diversity in the legal profession • Changes in legal education to devalue practice and legal ethics • Changes in American culture that encourage skepticism of claims of expertise and of commitment to the public good

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