PROFESSIONAL RESPONSIBILITY
W.B. Fisch, Winter 2008

Tentative Assignments

Page references are to the casebook, Devine, Fisch, Easton and Aronson, PROFESSIONAL RESPONSIBILITY (3d ed. 2004, West).  In addition, you will need the Rules Pamphlet: Dzienkowski, ed., PROFESSIONAL RESPONSIBILITY: STANDARDS, RULES AND STATUTES (2007-8 abridged edition West), which contains, inter alia, the ABA’s Model Rules of Professional Conduct (2007 and 2001 versions and a number of state variations) and its Model Code of Judicial Conduct.

The Rules Pamphlet, with whatever annotations you wish to make in it, will be the only material which you will be allowed to bring into the final examination.

We will spend most of our classroom time discussing the problems in the casebook, in the light of the readings and the Rules in the pamphlet.

Ass't #
· (1) I. PERVASIVE ISSUES:
Introduction, pp. 1-7

A. Formal Professional Rules, pp. 7-12
B. Criticism of the "Traditional Role", pp. 12-22

· (2) II. THE LEGAL PROFESSION AND THE PRACTICE OF LAW
A. Judicial Regulation, pp. 41-48
B. Federal Intervention, pp. 48-62   

· (3) C. Admission to Practice, pp. 62-69

D. The Unauthorized Practice of Law, pp. 69-83

· (4) E. Discipline, pp. 83-91; Missouri S. Ct. Rule 5 (handout)

· (5) F. Regulation of Lawyers in Firms, pp. 91-112

· (6) III. THE ATTORNEY-CLIENT RELATIONSHIP
A. Attracting Clients, pp. 113-121
B. Nature, Establishment and Scope, 121-138

· (7) C. Authority, pp. 138-144
D. The Trust Account, pp. 144-158

· (8) E. Client Liability - Fees
1. Agreement and Amount: Types and "Reasonableness", pp. 158-172

· (9) 2. The Contingent Fee, pp. 172-182

3. Division of Fees, pp. 182-189

· (10) F. Malpractice, pp. 189-207

· (11) G. Termination of the Relationship, 207-225

· (12) IV. CONFIDENTIALITY
A. Privilege and Confidentiality
1. Privilege in general, pp. 226-246

· (13) 2. Direct Evidence in the Lawyer's Possession, pp. 246-263

B. Protecting Third Persons, pp. 263-276

· (14) C. Client Perjury, pp. 276-292
D. Protecting the Attorney, pp. 292-298

· (15) V. CONFLICTS OF INTEREST
Intro, pp. 299-305
A. Conflicts of Interest of Multiple Clients

1. Multiple Clients in the Same Matter, 305-327

· (16) 2. Unrelated Representation of a Current Client’s Adversary, pp. 327-333

B. Personal Interests of the Attorney, pp. 333-347

· (17) C. “Switching Sides”: Duties to Former Clients, pp. 347-355

D Imputed Disqualification, pp. 355-375
· (18) E. The Former Government Attorney, pp. 375-388

· (19) F. Judicial Disqualification and Recusal, pp. 388-411

· (20) VI. PARTICULAR LAWYER ROLES AND RESPONSIBILITIES
A. Advocate
1. The Lawyer in Civil Litigation: frivolous claims and defenses, and pretrial delay and abuse, pp. 412-434

· (21) 2 (a-c). Communications with parties and witnesses, , judges and jurors, pp. 435-453

· (22) 2 (d, e). Presentation of Evidence and Arguments, and Other Trial Conduct, pp. 453-470

· (23) 3. Fair Trial and Free Press, pp. 470-482

· (24) 4. The Lawyer in Criminal Litigation, pp. 482-500

· (25) B. Roles Outside of Litigation, pp. 500-511

C. Participant in Alternative Dispute Resolution, pp. 511-521

· (26) D. Lawyer as Judge, pp. 521-532

This information is available in alternative formats upon request.

If you need accommodations because of a disability, if you have emergency medical information to share with me, or if you need special arrangements in case the building must be evacuated, please inform me immediately. Please see me privately after class, or at my office.

Office location: 326 Hulston Hall, tel 882-7810

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