Lessons: Professional Responsibility
This lesson reviews the standards for discipline and the interpretive case law by examining a series of cases in which considering whether the conduct alleged falls under the definition of misconduct (using Model Rule 8.4). Some procedural and constitutional aspects of discipline are examined as well. The lesson can be used as preparation, review or substitution for class coverage of this topic.
This lesson reviews the guidance provided to attorneys by the Model Rules of Professional Conduct on selecting, rejecting or withdrawing from the representation of clients. The Model Rules studied in particular are Rules 1.16 and 6.2. Each section can be studied separately.
This lesson reviews problems in client identification. The lesson is in the form of a game show CLIENT OR NOT?! in which students are presented with an individual who is claiming to be a client. The student may choose the type of liability/responsibility they wish to risk in giving their answer (Competence, Confidentiality or Conflict of Interest). They then will be asked under the circumstances raising that issue whether the individual is a client. Students may proceed through the entire lesson reviewing client identification under one or all of these three issues.
This lesson explores the exceptions to an attorney's ethical duty of confidentiality that are designed to protect third persons from death, injury or financial loss. The lesson examines these exceptions as expressed by the American Bar Association's Model Rules of Professional Conduct and notes some of the variations on these rules found among the states.
This lesson reviews an attorney's responsibilities when setting, sharing and collecting fees. By the end of the lesson, students should be able to identify how much, by what method, and under what circumstances they can charge fees from clients, share fees with others, and take actions to collect fees.
This is an introduction to the black-letter rules of the Model Rules of Professional Conduct. It is a linear question-and-answer drill. Students are asked short questions and given immediate feedback. This drill is intended to serve as preparation for the level II exercise, Questions and Problems, described below. (This exercise is a new exercise that is completely different from the drill exercise offered in previous years. The earlier drill exercise has been revised and is being offered as the Questions and Problems exercise, below.)
This lesson was revised in accordance with the Model Rules of Conduct, as amended through August 2003.
This lesson presents students with hypothetical factual situations and asks whether certain conduct would violate the Code. The is a branching tutorial and includes follow-up questions, dialogue, and new questions based upon changes in the original hypotheticals. The Preliminary Drill exercise, above, is intended to serve as preparation for this exercise, though students could also prepare for it by reading the Model Rules and taking notes. Students should have a copy of the Model Rules of Professional Conduct with them when doing this lesson.
This lesson was revised in accordance with the Model Rules of Conduct, as amended through August 2003.
Attorneys must conform their conduct to a wide range of rules drawn from a variety of sources. This program is designed to review these sources of law governing attorney conduct. This program is divided into three sections: exploring rules of discipline, sources of civil and criminal liabilities, and sources of control by courts and administrative tribunals. The lesson assumes some basic familiarity with common materials of study in the professional responsibility course and are best used as an adjunct to course study or a review.
This lesson helps students distinguish between the two major rules that protect client confidentiality: the ethical duty of confidentiality and the evidentiary attorney-client communications privilege. The lesson examines the scope of each and the relationship between the two.
The student plays the role of a lawyer in a hypothetical criminal trial. As the trial progresses the student is faced with various problems raising issues under the ABA Model Rules of Professional Conduct and the ABA Standards for Criminal Justice. The lesson asks what should be done in each situation and responds to the student’s answer by commenting upon it, asking further questions, or progressing further with the trial.
This lesson was revised in accordance with the Model Rules of Conduct, as amended through August 2003.
Through a simulated counseling session with a prospective law student, this lesson reviews the types of admission to practice, and the procedures and substantive standards for admission to practice. The lesson can be used as preparation, review or substitution for class coverage of this topic.
