proRo class 1

prof. degirolami

office hours 2-4:30
www.ncbex.org/multistate-tests

next proRes date is 11/6/10. take additional bar prep mpre class.
don't procrastinate on the mpre.

reading assignments are on twen

exam:
- 2.5/3 hrs
- limited open book

- multiple choice (about 15)
- a very substantial essay
* conflicts will be tested on the exam and must be mastered
* the model rules must be mastered/internalized


n.b. -- for monday class, don't need to read 39-53. that will come up later in rule 10.13

read spalding v. zimmerman for monday.

model rules for pro conduct.
purpose of the rules is to know
1. basis for discipline for lawyers
2. what conduct is correct for lawyers to follow

can correct behavior be determined and managed by a rule???

read rule 2.3
read rule 2.1

the ABA.
inherent powers doctrine: courts have authority over lawyers, stemming from common law.
bar admission: typically you only need to take the bar admission for the state in which you want to practice. not always the case tho -- sometimes the jurisdiction requires state and fed.

to practice:
     - gotta pass the bar
     - gotta pass character and fitness
     - gotta have "sponsors"

n.b. -- mirror your bar apps on your law school apps, because they will compare the two (wtf??)

hypo. let's say you have a mega corp. v. a widow. let's say one or both parties wants to stall in discovery. should there be a differnce if a party is inexperienced, economically disadvantaged, etc... see comment 3 of rule 2.1. does the mega corp need less protection than the widow? should it be assumed that the corp should know what's moral/ethical, whereas the widow couldn't be assumed to know what's moral/ethical?

two types of clients - repeat clients and one-time players

hypo. you know your client is guilty. you also know an eyewitness has an impairment that questions whether or not her methods of correctly assessing his culpability was faulted. what does honesty require in this situation?

hypo. you represent a products manufacturer and the other attorney is a young and inexperienced attorney making a lot of mistakes. is it fair to take advantage of those mistakes?

manufacturer client is getting clobbered by market and wants to outsource. it will mean that many people lose their jobs. client consults you on the WARN act, considering the mass layoffs, and the ways it can avoid the regulations of the act. do you tell the client that it's behaving badly?

why rules? these hypos above are difficult questions to answer. because people disagree in good faith about what morality requires, and so there needs to be some kind of standard for legal practice.

client has legal entitlement + means = lawyer has no right to morally advise

for next time: readings on prof engagement on twen.