Professional Responsibility Outline
Reading for 8-21-12 * Introduction * Ethics, morals, and professionalism * Some central themes * Conflicts of interest, truthfulness, duties to clients versus duties to the justice system, personal and professional interests versus fiduciary obligations, self-interest, lawyers as employees/institutional pressures on ethical judgments, and the changing legal profession
REGULATION OF LAWYERS * Institutions that regulate lawyers * The highest state courts, state and local bar associations, lawyer disciplinary agencies, American Bar Association, American Law Institute, federal and state courts, legislatures, administrative agencies, prosecutors, malpractice insurers, law firms and other employers, clients * State ethics codes * Functions * To guide lawyers in evaluating what conduct is proper in various situations * To provide a basis for disciplining lawyers who violate the rules
Reading for 8-23-12 * Admission to practice * Bar examination * Character and fitness * Criteria for evaluation * Application and information disclosure * Character questionnaire * Mental health of applicants * Misconduct during law school
In re Mustafa (1993)
FACTS: Δ converted funds from the moot court program for his personal use
REASONING:
– Δ is not of good moral character
– The court decided that too short of a time passed since the misconduct, and Mustafa has failed to establish that he has good character required for admission to the bar
Reading for 8-28-12
LAWYER LIABILITY * Professional discipline * Introduction * How a disciplinary case proceeds: * 1. Complaint by client or by a lawyer 2. Bar counsel investigates complaint 3. Charges are filed if warranted by investigation (OR if complaint doesn’t warrant charge, file closed) 4. Hearing committee conducts hearing, makes factual
REGULATION OF LAWYERS * Institutions that regulate lawyers * The highest state courts, state and local bar associations, lawyer disciplinary agencies, American Bar Association, American Law Institute, federal and state courts, legislatures, administrative agencies, prosecutors, malpractice insurers, law firms and other employers, clients * State ethics codes * Functions * To guide lawyers in evaluating what conduct is proper in various situations * To provide a basis for disciplining lawyers who violate the rules
Reading for 8-23-12 * Admission to practice * Bar examination * Character and fitness * Criteria for evaluation * Application and information disclosure * Character questionnaire * Mental health of applicants * Misconduct during law school
In re Mustafa (1993)
FACTS: Δ converted funds from the moot court program for his personal use
REASONING:
– Δ is not of good moral character
– The court decided that too short of a time passed since the misconduct, and Mustafa has failed to establish that he has good character required for admission to the bar
Reading for 8-28-12
LAWYER LIABILITY * Professional discipline * Introduction * How a disciplinary case proceeds: * 1. Complaint by client or by a lawyer 2. Bar counsel investigates complaint 3. Charges are filed if warranted by investigation (OR if complaint doesn’t warrant charge, file closed) 4. Hearing committee conducts hearing, makes factual