Exam Type: Please refer to the Fall 2020 Tentative Exam Schedule
Ethical issues can arise in any type of practice and at any point in a lawyer’s work, often unexpectedly, in medias res. In this course, students will learn how to identify and respond to such issues. The course will focus on the types of problems a lawyer will encounter in daily practice, especially in litigation and transactional work, and on the rules of professional conduct, case law and other considerations that a lawyer is expected to take into account in resolving such issues. We will examine issues both from the perspective of a lawyer starting out in practice and a more experienced lawyer with supervisory responsibility, and will consider the different types of practice and the different institutional settings in which such problems arise. In addition, we will discuss challenges to the profession’s legal and regulatory framework posed by developments such as outsourcing, the continuing growth of large, multi-national law firms, the increasing role of in-house counsel, and innovations in the marketing of legal services.
Note: This course is only available to JD 3Ls and LLM students.
Stephen Gillers, Roy D. Simon, and Andrew M. Perlman, Regulation of Lawyers: Statutes and Standards, Concise Edition 2019 (ISBN 978-1-5438-0430-0)
Kaufman et al., Problems in Professional Responsibility, 6th Edition (https://cap-press.com/books/isbn/9781611638936/Problems-in-Professional-Responsibility-for-a-Changing-Profession-Sixth-Edition)