Longan Syllabus

The Legal Profession

Spring, 2005

Professor Longan

Syllabus

Course Description

The course will be taught in two sections. I will teach both of them. Coverage and testing for the two sections will be the same. Details of the reading assignments and class procedures are described below and also will be posted on the course web site. Announcements and additional assignments may also be posted on the web site. To access the site, log in to lexis.com and follow the law school link to LexisNexis web courses. When you are given the option to enroll for the course, enter the access code, 12345.

Required materials

You are required to purchase the following books for the course. All are available in the Law School bookstore:

Michael Kelley, Lives of Lawyers

Deborah Rhode, In the Interest of Justice: Reforming the Legal Profession

Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer

Steven Keeva, Transforming Practices

Carl Horn, III, LawyerLife

Policies and Procedures

Class Procedure

This course will be taught on two “tracks.” There will be a “Professionalism” track and a “Living in the Law” track.

“Professionalism” classes will be held in two sections at the assigned times. For these classes, which I will teach, I expect everyone to attend class regularly and to be punctual and prepared. I will take roll each day by distributing a seating chart. It is your responsibility to ensure that you initial the seating chart and to keep track of your absences. The class roll sheets will be conclusive evidence of your attendance. If you are absent for more than 20% of the class meetings, you will not be permitted to take the exam and you will receive a 65 for the course. I do not “excuse” absences except in the sense that there is no penalty for absences within the 20% limit. All absences count against the 20% maximum. If you arrive after I have started class, enter the room quietly and take a seat near the front. You may not initial the seating chart if you arrive after I have started class, and you are deemed absent for that day. I will start class promptly. If you must leave class early, sit in the front row and leave as quietly as possible. You may not initial the seating chart for any day on which you leave class early. You are deemed absent for the day.

I will call on students randomly throughout the semester. It is your responsibility to be prepared every day. I welcome and appreciate volunteers and questions. However, I have learned through experience that sometimes it is better not to interrupt the flow of the class with questions, and thus sometimes I may motion to you to lower your hand. Do not take offense, and be sure to make a note of your question. I will allow an appropriate amount of time for questions.

The “Living in the Law” track will involve a series of five combined classes that will be held on designated mornings at 8:30 a.m. in Classroom C. On these days, the regular class meetings will not be held. These classes will be taught primarily by guest speakers. You are required to attend all of these sessions. If you cannot attend one, I will expect to receive an explanation in writing. In my discretion, I may excuse an absence for good cause. If you have one or more unexcused absences for these sessions, your course grade will be lowered. If you are late for one of these sessions, do not enter the room. If you feel that you must leave early for one of these sessions, do not attend. Traffic in and out of the classroom, particularly when we have guests, is intolerably rude. You will be required to certify to me that you read the material assigned for these classes. This material will not be on the final examination.

Professionalism Obligations in Class

As students who aspire to become members of the legal profession, you have obligations in this class. Those obligations include being punctual, prepared, attentive, and respectful of your classmates and of me. You may not eat in class, nor may you surf the web or check e-mail in class. In return, of course, you are entitled to be treated professionally. I am including a link (on the "External Links" part of the course web site) to the professionalism guidelines that have been adopted for law professors by the Association of American Law Schools. I intend to live up to these goals at all times. If at any time you believe that I have not done so, I urge you to bring it to my attention.

Recording

No taping (audio or video) of any class is permitted except as required for compliance with the Americans With Disabilities Act.

Announcements

I will post announcements to the course web page during the semester. It is your responsibility to check for announcements at least once before each class meeting.

Assignments, examination and grading

Writing assignments:

There are three short writing assignments. These short papers are required but will not be graded. Failure to turn in any of the papers, or failure to make a good faith effort to fulfill the assignments, will lower your grade. The topics and the due dates are described below.

Oral history assignment:

One of the short writing assignments requires you to meet with a lawyer or judge who has volunteered to meet with you. You will meet with your subject in groups of approximately three, and the purpose of the meeting is for you to do a brief “oral history” of your subject. You will ask the lawyer or judge to reflect upon his or her career and on life in the profession. One of your three writing assignments will be a report about the interview. The interviews will occur in the latter part of February and the early part of March.

Biography assignment:

In addition to the reading assignments for class, you are required to read one of the biographies listed below. You will be required to participate in a discussion group with me and with other students who chose to read that book and one other, “companion” book. To balance out the groups, I will be asking early in the semester for your preferences. I will honor your preference if I can, but you may be randomly assigned to read a book that was not your first preference. Your group will be assigned to present your book to your companion group in an out-of-class session in April. Your companion group will then present their book to you. Failure to participate meaningfully in this project will lower your grade. You will be welcome to attend the discussions of the other books on the list as well. More details about these books and their subjects will be made available in class.

Jack Bass, Taming the Storm: The Life and Times of Judge Frank M. Johnson, Jr.

Clarence Darrow, The Story of My Life

Morris Dees, A Lawyer’s Journey: The Morris Dees Story

John Edwards, Four Trials

Ken Gormley, Archibald Cox: Conscience of a Nation

Reg Murphy, Uncommon Sense: The Achievement of Griffin Bell

Michael E. Tigar, Fighting Injustice

John C. Tucker, The Education of a Courtroom Lawyer

Exam:

At the end of the term, there will be a three-hour, in-class exam that will determine your grade (assuming that you have completed the ungraded assignments satisfactorily). The questions on the exam will come from the readings and class meetings devoted to the “Professionalism” track. This is a required, three-credit, graded course, and you will be evaluated on the Law School’s usual scale. Last year’s exam is posted on the course web site.

Contact information:

My office is Room 315, and my telephone number is 301-2639. You are welcome to come by my office at any time. Tuesdays, Thursdays, and Fridays are best. You may also reach me by e-mail, at longan_p@mercer.edu.

Class Assignments

Professionalism Classes	Reading
1. Introduction to the Course	1. Syllabus 2. Course web site
2. Professionalism in the Three Great Learned Professions	1. Charter on Medical Professionalism (handout) 2. Guidelines for Ethical Relationships Between Clergy and Congregations (handout) 3. Georgia Lawyer’s Creed 4. Georgia Aspirational Statement on Professionalism 5. Mercer University Law School Student’s Creed
3. Defining Lawyer Professionalism, Part One	1. Georgia Lawyer’s Creed 2. Georgia Aspirational Statement on Professionalism 3. Excerpt from ...In the Spirit of Public Service (definitions of Professionalism) 4. Excerpt from Teaching and Learning Professionalism (definitions of Professionalism)
4. Defining Lawyer Professionalism, Part Two	1. Georgia Lawyer’s Creed 2. Georgia Aspirational Statement on Professionalism 3. Excerpt from ...In the Spirit of Public Service (definitions of Professionalism) 4. Excerpt from Teaching and Learning Professionalism (definitions of Professionalism)
5. Legal Education and the Promotion of Competence	1. Deborah Rhode, In the Interest of Justice, Chapter 7 (“Legal Education”) 2. Timothy W. Floyd, Legal Education and the Vision Thing, 31 Georgia L. Rev. 853 (1997) 3. MacCrate Report Statement of Skills (excerpt)
6. Legal Education and the Promotion of Character	1. Deborah Rhode, In the Interest of Justice, Chapter 7 (“Legal Education”) 2. Timothy W. Floyd, Legal Education and the Vision Thing, 31 Georgia L. Rev. 853 (1997) 3. MacCrate Report Statement of Values (excerpt) 4. Teaching and Learning Professionalism (excerpt on Law School Professionalism Programs) 5. Statement of Good Practices by Law Professors in the Discharge of Their Ethical and Professional Responsibilities (Association of American Law Schools)
7. Bar Admissions as Enforcement of Competence	1. Clark D. Cunningham, Rethinking the Licensing of New Attorneys–An Exploration of Alternatives to the Bar Exam: Introduction, 20 Georgia State Law Review vii (2004) 2. Implementation Plan for Mandatory Transition Into Practice Program, State Bar of Georgia (excerpt) 3. Deborah Rhode, In the Interest of Justice, pps. 150-155 (“Admission”)
8. Bar Admissions as Enforcement of Character	1.Office of Bar Admissions, Supreme Court of Georgia, Answers to the Most Frequently Asked Questions 2. In Re Matthew F. Hale, 723 N.E.2d 206 (Ill. 1999) 3. Florida Board of Bar Examiners v. G.W.L., 364 So.2d 454 (Fla. 1978) 4. In Re Frederick Francis DeBartolo, 488 N.E.2d 947 (1986) 5. Deborah Rhode, In the Interest of Justice, pps. 150-155 (“Admission”)
9. The Organization of Practice and Challenges to Professionalism: Introduction	Preserving the Core Values of the American Legal Profession, Report of the New York State Bar Association on the Law Governing Firm Structure and Operation (Chapters 1 and 2, on changes in the demography of law practice and the effects of specialization, technology, advertising, and law practice management practices)
10. The Organization of Practice and Professionalism: Large Firms	Michael Kelly, Lives of Lawyers, Chapter Two
11. The Organization of Practice and Professionalism: Medium-sized Firms	Michael Kelly, Lives of Lawyers, Chapter Three
12. The Organization of Practice and Professionalism: In-house Legal Departments	1. Michael Kelly, Lives of Lawyers, Chapter Four 2. Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer, Chapter 5 (“Blowing the Whistle in Corporate America”)
13. The Organization of Practice and Professionalism: Government Agencies	Michael Kelly, Lives of Lawyers, Chapter Five
14. The Organization of Practice and Professionalism: Small Firm and Solo Practice	Michael Kelly, Lives of Lawyers, Chapter Six
15. The Organization of Practice and Professionalism: Reflections	Michael Kelly, Lives of Lawyers, Chapter Seven
16. Enforcing Competence through the Courts: Legal Malpractice and Ineffective Assistance of Counsel	1. Togstad v. Vesely, Otto, Miller & Keefe, 291 N.W.2d 686 (Minn. 1980) 2. Strickland v. Washington, 466 U.S. 668 (1984) 3. Deborah Rhode, In the Interest of Justice, pps. 165-168 (“Malpractice”)
17. Enforcing Competence Through Discipline and Regulation	1. Model Rule of Professional Conduct 1.1 and Comments 2. Florida Bar v. Neale, 384 So. 2d 1264 (Fla. 1980) 3. Deborah Rhode, In the Interest of Justice, pps. 156-165 (“Continuing Legal Education” and “Competence and Discipline”)
18. Fiduciary Duties and the Billable Hour	1. Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer, Chapter 4 (“A Gun to the Head of the Junior Attorney”) 2. ABA Commission on Billable Hours Report (excerpt) 3. Model Rule of Professional Conduct 1.5 4. Deborah Rhode, In the Interest of Justice, pps. 168-183 (“Fees”)
19. Fiduciary Duties and Other Fee Structures	1. Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer, pps. 123-132, Chapter 10 (“Class Actions: Public Protection or Windfalls for Lawyers?”) 2. Deborah Rhode, In the Interest of Justice, pps. 168-183 (“Fees”)
20. Fiduciary Duties and the Public Interest	1. Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer, Chapter 1 (“Buried Bodies: Robert Garrow and His Lawyers”), Chapter 9 (“Keeping it Secret”) 2. Deborah Rhode, In the Interest of Justice, pps. 106-115 (“Confidentiality”)
21. Public Service, Part One: Enforcing Public Service Through Pro Bono Requirements	1. Marrero Committee Final Report (excerpt) 2. Model Rule of Professional Conduct 6.1 3. Florida Rule of Professional Conduct 4-6.1
22. Public Service, Part Two: Alternatives to Mandatory Pro Bono in Civil Matters	Roger C. Cramton, Delivery of Legal Services to Ordinary Americans, 44 Case Western Reserve Law Review 531 (1994)
23. Public Service, Part Three: Alternatives to Mandatory Pro Bono in Criminal Matters	1. Gideon v. Wainwright, 372 U.S. 335 (1963) 2. Report of the Georgia Chief Justice’s Commission on Indigent Defense (excerpt) 3. Model Rules of Professional Conduct 6.1, 6.2
24. The Lawyer as Officer of the Court: Introduction	1. Deborah Rhode, In the Interest of Justice, Chapter 3 (“The Advocate’s Role in the Adversary System”) 2. Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer, Chapter 2 (“Another Day Spent Representing the Guilty”)
25. The Lawyer as Officer of the Court: Dealing With Witnesses	1. Deborah Rhode, In the Interest of Justice, pps. 96-105 (“Relations With Witnesses”) 2. Baron and Budd Instructions for Witnesses (handout) 3. Model Rule of Professional Conduct 3.4 4. Official Code of Georgia 16-10-72 (“Subornation of Perjury”), 16-10-93 (“Influencing Witnesses”)
26. The Lawyer as Officer of the Court: Discovery	1. Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer, Chapter 3 (“Power, Arrogance, and the Survival of the Fittest”) 2. Model Rule of Professional Conduct 3.4 3. Official Code of Georgia 16-10-94.1 (“Willful destruction, alteration, or falsification of medical records”) 4. Federal Rule of Civil Procedure 34
27. The Lawyer as Officer of the Court: the Judge and Jury	1. Richard Zitrin and Carol Langford, The Moral Compass of the American Lawyer, Chapter 7 (“All the World’s a Stage”) 2. Model Rules of Professional Conduct 3.3., 3.4, 3.5
28. Enforcing Civility By Aspirational and Educational Means	1. Rob Atkinson, A Dissenter’s Commentary on the Professionalism Crusade, 74 Texas L. Rev. 259 (1995) 2. Standards for Professional Conduct of the Seventh Federal Judicial Circuit 3. Deborah Rhode, In the Interest of Justice, pps. 82-96 (“Procedural Pathologies and Prescriptions”)
29. Enforcing Civility Through Discipline and Other Sanctions	1. Dondi Properties Corp. v. Commerce Savings & Loan Ass'n, 121 F.R.D. 284 (N.D. Tex. 1988) (en banc) 2. In the Matter of Alfred E. McClure, 652 N.E.2d 863 (Ind. 1995) 3. Saldana v. Kmart Corp., 84 F. Supp. 2d 629 (D. V. I. 1999) 4. Paramount Communications v. QVC, 637 A.2d 34 (Del. 1993) 5. In the Matter of Disciplinary Proceedings Against Albert H. Beaver, 510 N.W.2d 129 (Wis. 1994)
30. Review, Reflection, and Exam preparation	2004 Final Exam

“Living in the Law” Classes	Reading
1. The Decision to Become a Lawyer Speaker: Professor Longan	Anthony T. Kronman, Living in the Law, 54 University of Chicago Law Review 835 (1987)
2. Alcoholism, Substance Abuse, and Mental Illness in the Legal Profession Guest speakers: State Bar of Georgia, Lawyer’s Assistance Program Committee Members	Lawrence Krieger, The Hidden Sources of Law School Stress (will be handed out in class)
3. Transformative Practices Guest Speaker: Steven Keeva	Steven Keeva, Transformative Practices
4. Finding a Higher Calling Guest Speaker: Unites States Magistrate Judge Carl Horn III	Carl Horn III, Lawyerlife: Finding a Life and a Higher Calling in the Practice of Law
5. Spirituality and the Practice of Law Guest Speakers: Dean Daisy Hurst Floyd, Professor Mark Jones, Professor Timothy Floyd	TBA

Writing assignments

First Paper: Due January 21, 2005 by 4 p.m.; turn in to Debra Boney

Write a paper, at least three pages but no more than five, on why you decided to become a lawyer and what you hope to achieve in your career as a lawyer. Describe what kind of person you want to become and how that ambition fits with your professional aspirations. Turn the paper in to my secretary, Debra Boney, by Friday, January 21, at 4 p.m. On the paper, identify yourself only by blind grading number. The purpose of this assignment is for you to reflect on these matters and for me to obtain a sense of the motivations and ambitions of the class of 2007.

Second Paper: Due March 18, 2004 by 4 p.m.; turn in to Debra Boney

Write a paper, at least three pages but no more than five, reflecting upon your “oral history” interview. Note particularly any thoughts you have about your subject and the topics raised in the “Professionalism” track and the “Living in the Law” track.

Third Paper: Due April 29, 2005 by 4 p.m.; turn in to Debra Boney

Write a paper, at least three pages but no more than five, on whether your ambitions as a lawyer and as a person are different as a result of this course. If they are, state in what way and why. If they are not, state why not. Re-read and reflect upon the essay you wrote at the beginning of the semester. Do not treat this assignment as your evaluation of the course or of me. You will do that separately, and I will not have access to those until after your grades are in. The purpose of this assignment is for you to reflect on these matters and for me to obtain a sense of the effect of this course, if any. On the paper, identify yourself by blind grading number only.