Professional Responsibility

Spring 2003

Professor Lupica 

Syllabus

Text:                          Legal Ethics in the Practice of Law, Richard A. Zitrin & Carol Langford (Lexis/Nexis second edition)

Code:                         Rules, Statutes and Comparisons, Zitrin, Langford & Peck

                                    2002-2003 Edition

Office Hours:            Mondays 1:30 - 3:00 Room 217

E-mail & Blackboard:          lupica@usm.maine.edu & www.courses.maine.edu

Student Evaluation and Expectations: Professional Responsibility this semester will be conducted as a series of (relatively) small group discussions of Problems and role plays. I will be inviting practicing lawyers and legal academics to participate in many of these discussions. All discussions, however, will be student led and facilitated. I, as well as our invited guests, will be available as participants and as resources. Attendance (and I mean on time attendance) is required in this class.

            Fifty percent (50%) of your final grade will be based upon your participation in these group (and full class) discussions. Doing the minimum (merely answering questions, sketchy preparation, leading/participating in flat discussions, arriving late) will earn you a “C” range grade (for class participation). Thoughtfulness, enthusiasm, creativity and lively participation will be highly valued. I have “A”s at my disposal, and I’m not afraid to use them!

            The balance of your final grade (fifty percent (50%)) will be based upon a take-home exam. The exam question will be available in the Registrar’s office by noon on Tuesday, April 29, 2003 (last day of classes) and will be due in the Registrar’s office no later than noon on Tuesday, May 6, 2003. Your exam should include only exam numbers (no names). It should be typed and no more than 10 pages and no less than 8 pages (12 point type, double spaced, 1 inch margins). Once you pick up the exam question, you may not discuss the question, your answer, the course or anything relating to the subject of Professional Responsibility with any human being. Furthermore, you may not do any independent research, although your may consult your class notes, the Model Rules of Professional Responsibility and your text. You will asked to sign a certification to this effect.

            Please consult the Blackboard every Friday after 3:00 p.m. for any changes in the reading assignments for the following week.

Assignment #1: Introduction and Chapter One (pages 1-33).

                            Problem 3 and associated readings – Getting Clients and Getting Paid

(pages 77 - 102).

Assignment #2: Problem 2 and associated readings – Must I take this case?

                           (pages 59 - 76).

Assignment #3: Problem 1 and associated readings – Attorney Competency

                           (pages 37 - 57).

Assignment #4: Problem 4 and associated readings – Communication and Confidentiality

                           (pages 103 - 130).

Assignment #5: Problem 5 and associated readings – Communication and Confidentiality (pages 131 - 149).

Assignment #6: Problem 6 and associated readings – Technology & Communication

                           (pages 151 - 174).

Assignment #7: Problem 7 and associated readings – Loyalties and Conflicts of Interest

                          (pages 175 - 196).

Assignment #8: Problem 8 and associated readings – Who is your client?

                             (pages 197 - 226).

Assignment #9: Problem 22 and associated readings -- Lawyers as Counselors

                           (pages 565 - 585).

Assignment #10: Problem 23 and associated readings -- Lawyers as Counselors

                           (pages 587 - 57).

Assignment #11: Problem 10 and associated readings – Conflicts of Interest

                             (pages 253 - 278).

Assignment #12: Problem 11 and associated readings – Insurance Defense and Class Actions (pages 279 - 306).

Assignment #13: Problem 25 and associated readings – Lawyers and Law Firms

                            (pages 637 - 664).

Assignment #14: Securities and Exchange Commission Proposed Rule 205: Implementation of Standards of Professional Conduct for Attorneys (available outside room 115)

For a summary of the proposed rule, see http://www.sec.gov/rules/proposed/33-8150.htm

Assignment #15: Problem 26 and associated readings – Law Firm Billing

                             (pages 665 - 690).

Assignment #16: Problem 27 and associated readings – The Glass Ceiling and Diversity

                             (pages 691 - 718).

Assignment #17: Problem 28 and associated readings – Mental Health & Substance Abuse (pages 719 - 742).

Assignment #18: Problem 29 and associated readings – Advertising and Solicitation

                            (pages 743 - 57).

Assignment #19: Problem 30 and associated readings – Legal Services for the Indigent

                            (pages 769 - 790)

Assignment #20: Chapter 13 – Bar Admission and Professional Discipline

                            (pages 793 - 820).

Assignment #21: Problem 13 and associated readings – The Duty of Advocacy

                             (pages 335 - 359).

Assignment #22: Problem 14 and associated readings – Lying Clients

                             (pages 361 - 387).

Assignment #23: Problem 15 and associated readings – Attorney Sanctions

                             (pages 389 - 415).

Assignment #24: Problem 16 and associated readings – Discovery & Disclosure

                            (pages 417 - 443).

Assignment #25: Problem 17 and associated readings – Ethics in Negotiation

                            (pages 445 - 466).

Assignment #26: Problem 18 and associated readings – Courtroom “Tactics”

                            (pages 467 - 486).

Assignment #27: Problem 20 and associated readings – Prosecutorial Ethics

                            (pages 487 - 515).

Assignment #28: Problem 19 and associated readings – Civility and Professionalism

                            (pages 517 - 538).