Professional Responsibility: Heroes & Villains
Course Home Page: www.clarkcunningham.org/PR/index.htm
Clark D. Cunningham
Georgia State University College of Law: Law Course 6020


Syllabus
(As of April 9, 2015)

All Assigned Readings are published on this course web site and linked directly to this Syllabus except for the duplicated materials distributed in class.
To be handed out (no charge) at the first class:
(1) Materials on Georgia Legal Ethics ("GLE")(which include the Georgia Rules of Professional Conduct): optional download as a 223 page MS Word document)
(2) Case Studies, Volume I: The Garrow Case -- Privileged Information by Tom Alibrandi & Frank Armani (edited)

An on-line guide to Legal Ethics in Georgia is available at www.clarkcunningham.org/GeorgiaLegalEthics.htm


When a Georgia or ABA Model Rule of Professional Conduct is assigned, the accompanying comments are also assigned unless otherwise indicated.
GRPC = Georgia Rule of Professional Conduct. MR = ABA Model Rule of Professional Conduct. GLE = Materials on Georgia Legal Ethics
All writing and other projects assigned for a particular class are due at noon on the Monday preceding class unless otherwise indicated on the syllabus, to give the instructor sufficient time to review before Wednesday class.

This course requires you to view videos on a computer to complete several assignments. To view the videos, the computer you are using must have the QuickTime software installed. To download this software for free, click on the following link:
Free Version of QuickTime

Note extended hours for last three classes.
The last 35 minutes of class on 4/1/15, 4/8/15 and 4/15/15 will be recorded at the request of any student. No graded activity will be take place during the make-up hours of 4:25pm - 5:00 pm.


NO CLASS ON WEDNESDAY, JANUARY 14.

CLASS ONE (1/21/15)
Review information on the course home page about firms and appealing quiz scores.
Please complete the on-line student information and learning contract form by Monday, January 19 (click here for the form)
Please complete short, anonymous on-line survey by Monday, January 19: Character Strengths of an Ideal Lawyer

NOTE: Be prepared to change seats within the first 5 minutes of class as we form "firms" for the semester.

  1. Course Introduction
  2. American Bar Association: New Standards for Approval of Law Schools (August 2014)
  3. American Bar Association Standards for Imposing Lawyer Sanctions (22 page pdf)

    What are the Georgia Rules of Professional Conduct?
  4. Georgia State Bar Rule 4-102: Disciplinary Action; Levels of Discipline
  5. GRPC: Preamble
  6. GRPC: Scope

    Readings 7-20 are NOT assigned for reading before class on January 21. You will refer to them, as found in your copy of Georgia Legal Ethics, handed out during class, to answer questions on a sample in-class quiz (not for grade) using "clickers"

    How are the Rules interpreted?
  7. Ways to Get Advice on the Application of the Georgia Rules of Professional Conduct GLE 146-47
  8. Formal Advisory Opinions GLE 148-50

    How are the Rules enforced?
  9. GRPC 5.1: Responsibilities of Supervisory Lawyers
  10. GRPC 5.2: Responsibilities of Subordinate Lawyers
  11. GRPC 5.3: Responsibilities for Nonlawyer Assistants
  12. GRPC 8.1: Bar Admission and Disciplinary Matters
  13. GRPC 8.3: Reporting Professional Misconduct
  14. GRPC 8.4: Misconduct
  15. GRPC 8.5: Choice of Law
  16. GRPC 9.1: Reporting Requirements
  17. GRPC 9.2: Prohibition on Agreements not to File Disciplinary Complaints
  18. GRPC 9.3: Cooperation with Disciplinary Authorities
  19. GRPC 9.4: Jurisdiction and Reciprocal Discipline
  20. Georgia Attorney Discipline Procedures GLE 124-45


    CLASS TWO (1/28/15)
    Regulation of Lawyer Advertising Through the Bar Disciplinary System
  21. Bates v. State Bar of Arizona, 433 U.S. 350 (1977) (established 1st Amendment right for attorneys to advertise)
  22. GRPC 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES (GLE 99-100)
  23. Read ABA MR 7.1 (including the comment)
  24. Comparison chart on Rule 7.1 (Word document)
  25. GRPC: 7.2: ADVERTISING (GLE 100-102)
  26. GRPC 7.3: Direct Contact with Prospective Clients (GLE 102-106)
  27. ABA MR 7.3
  28. GRPC 7.4: COMMUNICATION OF FIELDS OF PRACTICE (GLE 106)
  29. GRPC 7.5: Firm Names and Letterheads (GLE 106-107)
  30. Read ABA MR 7.2, 7.4 and 7.5 (you are NOT required to read the comments)
  31. In the Matter of Anonymous, 775 N.E. 2d 1094 (Ind. 2002) (example of deceptive lawyer advertisement)
  32. Sample website that violates the Georgia Rules of Professional Conduct (created by Robert Bexley, COL '10):ppt pdf
  33. Falanga v State Bar of Georgia , 150 F.3d 1333 (11th Cir.1998)
  34. Formal Advisory Opinion 05-6: Ethical propriety of lawyer advertising where the intent is to refer out to other lawyers (GLE 186=88)


    GRADED WRITING ASSIGNMENT (0-2 points)
    Due Monday, February 2 by noon. Email to Professor Cunningham AND your other firm members your Proposed Firm Code of Conduct (3-5 standards for peer evaluation).
    To review codes of conduct adopted by firms in prior years: Fall 2012     Fall 2013

    Class Three     (2/4/15)
    Fees
    There will be an open book, graded quiz in Class 3. Make sure you always bring your copy of both sections of Georgia Legal Ethics (GLE) to class
    Four possible quiz questions (pdf) (Class 3 quiz will include one or more additional questions as well)

  35. GRPC 1.5 Fees
  36. Stephanie Cahill, "New York Courts Require [Fee] Letter," ABA Journal E-Report (3/29/02)
  37. New York Rule 1215: Written Letter of Engagement
  38. Advisory Opinion 47: Contingent Fees to Collect Past Due Alimony or Child Support
  39. Formal Advisory Opinion 87-5: Assertion of Attorneys' Retaining Liens
  40. Formal Advisory Opinion 91-2: Advance Fee Payments
  41. Formal Advisory Opinion 01-1: Is it ethically permissible to charge for a standard unit of time without regard to actual time expended?
  42. Formal Advisory Opinion 03-1: May an attorney charge a non-refundable special retainer?
  43. Formal Advisory Opinion 11-1: Flat fixed fee contract for legal services
  44. GRPC 1.15(I) Safekeeping Property - General
  45. Brown v. Legal Foundation of Washington, 538 U.S. 216 (2003)
  46. GRPC 1 .15(II) Safekeeping Property - Trust Account and IOLTA
  47. GRPC 1.15(III) Record Keeping; Trust Account Overdraft Notification; Examination of Records


    Monday, February 9
    -- Deadline for emailing appeals to Class 3 quiz is Monday at 12 noon
    -- Final FIrm Conduct Rules due Monday at 12 noon (GRADED WRITING ASSIGNMENT (0-3 points)
    -- What Clients Want: Conduct short interview and complete on line questionnaire by noon on Monday ( After completing the on-line form, send Professor Cunningham an email confirming that you have completed the assignmen. :If you have not been able to find a person who has been dissatisfied with a lawyer after three attempts, you may satisfy this assignment by certifying in your email that you have contacted three people.) GRADED WRITING ASSIGNMENT (0-3 points)

    CLASS FOUR (2/11/15)

  48. Clark D. Cunningham, What Do Clients Want From Their Lawyers?
  49. GRPC 1.1, 1.2, 1.3, 1.4 and 2.1

    The Duty of Confidentiality and Its Exceptions: Frank Armani and the Robert Garrow Case
  50. Excerpts from Paul S. Milich,”Attorney Client Privilege,” Courtroom Handbook on Georgia Evidence
  51. Davita Dialysis case (email Professor Cunningham if problem linking to Daily Report stories))
    -- Judge Sanctions Dialysis Clinic Firm for Spoiling Discovery (Fulton County Daily Report Aug 20, 2014) (also emailed to class)
    -- U.S. v Davita, Order dated Aug 12, 2014
    -- Skeptical Judge Gives Lawyers More Time to Keep Client Conversations Under Wraps (Fulton County Daily Report Jan 30, 2015) (also emailed to class)
    -- U.S. v Davita, Order dated Jan 27, 2015
  52. GRPC 1.6 (Confidentiality of Information)
  53. GRPC 1.14 (Client Under a Disability) (pdf)
  54. GRPC 1.16 (Declining or Terminating Representation)
  55. Georgia Superior Court Rule 4: Attorneys Appearance, Withdrawal and Duties (excerpts)
  56. Sample Appearance (Word document)

    While reading the Garrow Case, ask yourself what Garrow's attorney, Frank Armani, would have been permitted, required or prohibited from doing if the Georgia Rules of Professional Conduct you have read so far had been the applicable rule of professional conduct in New York at that time.
  57. Case Study I (The Garrow Case): Read through the following pages quickly as you would a mystery novel:
    pp 1-3
    pp 15-21
    p 30
    pp 38-54
    pp 61-89
    Then go back and re-read carefully pp. 20-21, 42-45, 48-50, 72-78, and 85-86. You will be expected to remember the material on these pages for both class discussion and the final exam.

    CLASS FIVE (2/18/15)
    There will be an open book, graded quiz in Class 5. Make sure you bring your copy of both sections of Georgia Legal Ethics (GLE) to class as well as Case Study 1 (The Garrow Case)
    Six possible quiz questions (pdf) (Class 5 quiz may include one or more additional questions as well)
  58. GRPC 3.3 (Duty of Candor toward the Tribunal)
  59. Volume I (The Garrow Case): Read through the following pages quickly as you would a mystery novel:
    pp. 90 - 119
    p     129
    pp 133 -     155
    pp 161- 176
    Then go back and re-read carefully pp.     106-111, 113-114, 148-49, 153-54, and 165-66. You will be expected to remember the material on these pages for both class discussion and the final exam.
  60. "Slayer's 2 Lawyers Kept Secret," New York Times ( 06/20/74 ) (1 page)
  61. New York Public Health Law (excerpts) (1 page)
  62. People v Belge, 372 N.Y.S.2d 798 (Onondaga County Court 1975) (5 page pdf download)
  63. People v Belge, 376 N.Y.S.2d 771 (App. Div. 1975) (1 page)
  64. People v. Belge, 41 N.Y.2d 60 (Ct. App. 1976) (1 page)
  65. N.Y. State Bar Opinion No. 479 (1978) (5 pages)
  66. In re Ryder, 263 F.Supp. 360 (E.D. Va. 1967) (8 pages)
  67. GRPC 3.8 (Special Duties of a Prosecutor)

    Monday, February 23
    -- Deadline for emailing appeals to Class     5 quiz is Monday at 12 noon

    NO CLASS ON 2/25/15 (Snow Day)

    CLASS SIX (3/4/15):
    There will be an open book, graded quiz in Class 6. Make sure you bring your copy of both sections of Georgia Legal Ethics (GLE) to class as well as Case Study 1 (The Garrow Case)
    Three possible quiz questions (pdf) (Class 6 quiz may include one or more additional questions as well)
  68. 1st Simon Exercise (all students to review carefully to prepare to play role of lawyer at initial meeting with Simon) Additional information about how the First Simon Exercise will take place.
  69. Volume I (The Garrow Case): Read through the following pages quickly as you would a mystery novel:
    pp 177 - 205
    pp 211 - 215 (end of book)
    Prepare to discuss in class Armani's disclosures of information about Garrow to the police at pp. 20-21 and p. 199 with his failure to disclose at pp. 180-81. Would each of these decisions been appropriate under GRPC 1.6?
  70. Mohandas K. Gandhi: Biography
  71. Gandhi, "Deceived By a Client "
  72. Gandhi, "How a Client was Saved"
  73. Clarence Darrow, The Story of My Life (1932): Chapter 23 (George Bissett)

    Monday: March 9
    -- Deadline for emailing appeals to Class     6 quiz is Monday at 12 noon
    -- Confirm Video Access by 12 Noon on Monday. 2 points for timely completion.
    To view the videos, the computer you are using must have the QuickTime software installed. To download this software for free, click on the following link: Free Version of QuickTime

    CLASS SEVEN (3/11/15)
    One possible quiz question (pdf) (Class 7 quiz may include one or more additional questions as well)
  74. Second Simon Exercise (confidential instructions handed out during Class 6) Additional instructions for the Second Simon Exercise. Firm performance graded 0-3 points
  75. Freedman, "Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions," 64 Mich. L. Rev. 1469 (1966)
  76. ABA Model Code: DR 7-102
  77. Nix v. Whiteside, 475 U.S. 157, 106 S. Ct .988 (1986)
  78. History of Confidentiality Exceptions
  79. Original version of ABA Model Rule 1.6 as adopted in 1983
  80. Ethics 2000 recommendations to amend MR 1.6
  81. Summary of ABA House of Delegates Actions in 2001 on MR 1.6
  82. ABA MR 1.6 as adopted in 2002
  83. ABA MR 1.6 as amended in 2003 (current version)
  84. Comparison of 1983 and 2002 versions of ABA Model Rule 1.6
  85. Comparison of Current MR 1.6 and GRPC 1.6 (Word document) (pdf)

    SPRING BREAK (March 16-20)

    Tuesday: March 24
    -- Deadline for emailing appeals to Class     7 quiz is Tuesday at 12 noon
    Memo summarizing Second Simon Meeting due from each firm Tuesday at 12 noon (0-3 points)

    CLASS EIGHT (3/25/15)
    Two possible quiz questions for Class 8. Class 8 Quiz may include additional questions. Quiz will be open book.
    No new readings

    Monday: March 30
    Graded Writing Assignment on Simon Exercise (6-8 double-spaced pages -- 40% of course grade) due by     noon on Monday, March 30 (Make sure to review all material on the Exercise One web page)
    -- Deadline for emailing appeals to Class     8 quiz is Monday at 12 noon

    CLASS NINE (4/1/15) Extended hours to 5:00 pm
    Four possible quiz questions (pdf) (Class 9 quiz may include one or more additional questions as well)
    OPM exercise in class
  86. GRPC 1.7, 1.8, 1.9
  87. Read ABA Model Rule 1.7
  88. Comparison of Current ABA MR 1.7 and GRPC 1.7 (MS Word document)
  89. Jonathan D. Glater & John Schwartz, Enron's Many Strands: The Deliberations, New York Times ( 6/17/02 )
  90. John Schwartz & Kurt Eichenwald, Enron's Many Strands: The Lawyer, New York Times (6/17/02)
  91. James Podgers, "Lawyers as Fraud Fighters: Proposed Rules on Reporting Financial Wrongdoing Go to House of Delegates," ABA e-Report ( 8/8/03 )
  92. GRPC 1.13 (Organization as Client)
  93. Jesse v Danforth, 485 N.W.2d 63 ( Wis. 1992)
  94. Willner's Fuel Distributors, Inc.v. Norveen, 882 P.2d 399 ( Alaska 1994)
  95. Taylor , "Ethics and the Law: A Case History," NY Times Magazine ( 1/9/83 ) (OPM Case)
  96. lnstructions for OPM exercise (in-class role play) (prepare to play the role of the lawyer, Reinhard)
  97. Read: Case Studies: Volume II (A) pp. 2-23 (Baby Jessica Case)
  98. GRPC 3.7
  99. GRPC 4.1, 4.2, 4.3. 4.4
  100. Formal Advisory Opinion 94-3 (Contacting former employees of opposing party) GLE 166-67

    Monday, April 6
    Deadline for emailing appeals to Class 9 quiz is Monday at 12 noon
    Firm Self-Assessment due Monday at 12 noon (worth 0-3 points)

    CLASS TEN (4/8/15) Extended hours to 5:00 pm
    Baby Jessica exercise in class
  101. Two possible quiz questions (Class 10 quiz may include one or more other questions as well)
  102. Read: Case Studies: Volume II (A) pp. 25-39 (Baby Jessica Case)
  103. GRPC 3.1, 3.2, 3.4, 3.5, 3.6, 3.9
  104. Georgia Formal Advisory Opinion 03-2 (confidentiality between jointly represented clients) (GLE 180-82)
  105. Baby Jessica: Exercise One - Instructions
  106. FAO 05-7 (GLE 189-90)
  107. FAO 05-11 (GLE 191-95)
  108. FAO 10-1 (GLE 199-204)
  109. Class Counsel Loses $7,000,000 in Attorney Fees Due to Conflict of Interest
  110. Bernocchi v. Forcucci, 279 Ga. 460, 614 S.E.2d 775 (2005)
  111. Allen v Lefkoff, 453 S.E.2d 719 (Ga 1995)
  112. Peters v. Hyatt Legal Services, 220 Ga.App. 398 (1996)

    Thursday, April 9
    Email to instructor any amendments to Firm Conduct Rules by 5pm

    Monday, April 13
    Deadline for emailing appeals to Class 10 quiz is Monday at 12 noon
    Peer Assessment due Monday at 12 noon (part one of assignment worth 0-5 points)

    CLASS ELEVEN (4/15/15) Extended hours to 5:00 pm. Last Class In-class course evaluation - bring your laptop please
    Six possible quiz questions (Class 14 quiz may include one or more other questions as well including questions based on the Scarnecchia video, item 125)
    James Meredith exercise in class (see Case Study II(B), p 1)
    Review final exam information on home page. Last 30 minutes of class an open exam review period - bring your questions.
  113. Sullivan County v. Town of Acworth, 686 A.2d 755 (N.H. 1996) (4 pp)
  114. Review GRPC 1.9 and Read GRPC 1.10 and 1.11
  115. Introduction to Nissan Motor v Orozco
  116. Nissan Motor Corp. v. Orozco, 595 So.2d 240 (Fla.App.1992)
  117. ABA House OKs Lateral Lawyer Ethics Rule Change(ABA Journal Weekly Newsletter Feb 16, 2009)
  118. Read ABA Model Rule 1.10
  119. Comparison of Current ABA MR 1.10 and GRPC 1.10 (pdf)
  120. Case Studies: Volume II (A) (Baby Jessica Case)
    -- Review Baby Jessica case chronology at p5
    -- pp. 40-55, 63-72
  121. 28 U.S.C. 2101(f) (stay pending application for writ of certiorari)
  122. "Stay Pending Review by U.S. Supreme Court," Am. Jur. 446
  123. DeBoer v Schmidt, 509 U.S. 1301 (1993) (Stevens, J.) (denial of stay application)
  124. Cunningham, "How Can We Give Up Our Child?" (pdf)(4 pp)
  125. Interview with Suellyn Scarnecchia (view using Quicktime - you may need to wait a few minutes for download) (15 minutes)
  126. Steven Keeva, "A Client's Perspective," ABA Journal 76 (Jan. 2005) (pdf file)
  127. Read Volume III (B): 1-11, 23-29, 33, 40-50 (James Meredith Case) [Note the discussion questions on p. 1, pp 12-21, 31-32, and 34-39 are optional ]

    Monday, April 20
    Deadline for emailing appeals to Class     11 quiz is Monday at 12 noon
    Self Assessment due Monday at 12 noon (part two of assignment worth 0-5 points)