Professional Responsibility: Heroes & Villains
Clark D. Cunningham
Georgia State University College of Law: Law Course 6020
Spring 2012

Syllabus ( as of January 17, 2012 )

All Assigned Readings are published on this course web site and linked directly to this Syllabus
except for the three sets of duplicated materials distributed in class:
(1) Materials on Georgia Legal Ethics (which include the Georgia Rules of Professional Conduct)
(2) Case Studies, Volume I: The Garrow Case -- Privileged Information by Tom Alibrandi & Frank Armani (edited)
(3) Case Studies, Volume II: (A) The Baby Jessica Case, (B) The James Meredith Case

When a Georgia or ABA Model Rule of Professional Conduct is assigned, the accompanying comments are also assigned.
GRPC = Georgia Rule of Professional Conduct. MR = ABA Model Rule of Professional Conduct. GLE = Materials on Georgia Legal Ethics


CLASS ONE: 1/10/12 NOTE: Please DO bring your laptops to class. You will be using your laptops for a number of short exercises during class 1.

1. Course Introduction
2. American Bar Association Standards for Approval of Law Schools: Preface, Preamble, and Standard 302 (a)(5) (pdf)
   
   What Are the Georgia Rules of Professional Conduct?
   State Bar of Georgia Web Site
   ---Georgia Rules of Professional Conduct
   ---State Bar Handbook
3. Georgia State Bar Rule 4-101: Enforcement of the Georgia Rules of Professional Conduct
4. Georgia State Bar Rule 4-102: Disciplinary Action; Levels of Discipline
5. Georgia Disciplinary Procedures
6. GRPC: Preamble
7. GRPC: Scope
8. GRPC1.0: Terminology (pdf) (skim)
   

• Who is the Ultimate Authority for Regulating Georgia's Lawyers?
• Georgia: Sample Orders of Discipline (Bar Journal June 2009) (pdf)
• Georgia: Sample Publication of Formal Advisory Opinions (Bar Journal 2009) (pdf)
• Guide to Interpreting the Georgia Rules of Professional Conduct
• ABA Canons of Professional Ethics (1908) (excerpts) (pdf)
• Georgia Standard of Conduct 28 (Pre 2001 rule on confidentiality)
  Where do you find pre-2001 Georgia rules of professional conduct?
• Comparison of DR 4-101 with GRPC 1.6
• Comparison of 1983 and 2002 versions of ABA Model Rule 1.6
  Where do you find current ABA Model Rule 1.6?
• Comparison of Current MR 1.6 and GRPC 1.6 (Word document) (pdf)
  
  Using the Rules of Professional Conduct to Disqualify Opposing Counsel: the McKesson Case

1. Bernocchi v. Forcucci, 279 Ga. 460, 614 S.E.2d 775 (2005) (relevance of GRPC 1.7 to motions to disqualify)
2. GRPC 1.7 (Conflict of Interest: General Rule)
3. Greg Land, Conflict claim sours big firm’s work with health giant (Fulton County Daily Report, August 31, 2006)
4. McKesson Information Solutions LLC v Duane Morris LLP, Excerpt from Defendant's Memorandum in Opposition to the Emergency Motion for Injunction and Disqualification (August 21, 2006) (pdf)
   Prepare to discuss: What is the most obvious flaw in Defendant's Brief?
5. May 30, 2006 Engagement Letter from Duane Morris to McKesson (pdf) (read page 3 closely, skim other pages)
   Prepare to discuss: What subsection of GRPC 1.7 provides the strongest support for the Motion to Disqualify?
   More information about McKesson case
   
   Relevance of Rules of Professional Conduct to Legal Malpractice Claims: the Friedman's Jewelers Case [although we will discuss readings 14-17 in Class 1 without assuming you have read them by class time please have these readings available either in print form or on your laptop; you will be expected to have read 14-17 by class 2]
6. In re Friedman's Inc, 385 B.R. 381(S.D. Ga. 2008)
7. Excerpt from October 24, 2003 Letter from Law Firm to Friedman's Audit Committee (pdf)
8. GRPC 1.1 (Competence);
9. GRPC 1.2 (Scope of Representation); GRPC 1.3 (Diligence); GRPC 1.4 (Communication) (pdf)
   
   CLASS TWO: 1/17/12
   The Duty of Confidentiality and Its Exceptions: Frank Armani and the Robert Garrow Case
10. Excerpts from Paul S. Milich,”Attorney Client Privilege,” Courtroom Handbook on Georgia Evidence 26-32 (2010)
11. GRPC 1.6 (Confidentiality of Information)
12. GRPC 3.3 (Duty of Candor toward the Tribunal)
13. GRPC 1.14 (Client Under a Disability) (pdf)
14. GRPC 1.16 (Declining or Terminating Representation)
15. Georgia Superior Court Rule 4: Attorneys Appearance, Withdrawal and Duties (excerpts)
16. Sample Appearance (Word document)
    
    While reading the Garrow Case, ask yourself what Garrow's attorney, Frank Armani, would have been permitted, required or prohibited from doing if the Georgia Rules of Professional Conduct you have read so far had been the applicable rule of professional conduct in New York at that time.
17. Case Study I (The Garrow Case): Read through the following pages quickly as you would a mystery novel:
    pp 1-3
    pp 15-21
    p 30
    pp 38-54
    pp 61-89
    Then go back and re-read carefully pp. 20-21, 42-45, 48-50, 72-78, and 85-86. You will be expected to remember the material on these pages for both class discussion and the final exam.
    
    CLASS THREE: 1/24/12 Class will last until 5pm
18. 1st Simon Exercise (all students to review carefully to prepare to play role of lawyer at initial meeting with Simon)
19. Volume I (The Garrow Case): Read through the following pages quickly as you would a mystery novel:
    pp. 90 - 119
    p 129
    pp 133 - 155
    pp 161- 176
    Then go back and re-read carefully pp. 106-111, 113-114, 148-49, 153-54, and 165-66. You will be expected to remember the material on these pages for both class discussion and the final exam.
20. "Slayer's 2 Lawyers Kept Secret," New York Times (06/20/74) (1 page)
21. New York Public Health Law (excerpts) (1 page)
22. People v Belge, 372 N.Y.S.2d 798 (Onondaga County Court 1975) (5 page pdf download)
23. People v Belge, 376 N.Y.S.2d 771 (App. Div. 1975) (1 page)
24. People v. Belge, 41 N.Y.2d 60 (Ct. App. 1976) (1 page)
25. N.Y. State Bar Opinion No. 479 (1978) (5 pages)
26. In re Ryder, 263 F.Supp. 360 (E.D. Va. 1967) (8 pages)
    Prepare to discuss why was Ryder suspended from the practice of law for his conduct while NY State Bar Opinion 479 refuses to discipline Armani for destroying photographs taken of the dead bodies, tape recordings of his conversations with Garrow, and the diagram of the location of the bodies?
    
    1/26/11: Pass/Fail Assigment 1
27. Pass/Fail Assignment 1 due by noon, Thursday, January 26: Confirming Video Access (should take less than 10 minutes) (not yet posted)
    
    
    CLASS FOUR (1/31/12) Class will last until 5pm
28. Instructions for 2nd Simon Exercise (not yet posted). Additional confidential instructions handed out in Class Three (students to prepare to play role of either lawyer or Simon at meeting to prepare for eviction hearing)
29. Freedman, "Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions," 64 Mich.L. Rev. 1469 (1966)
30. ABA Model Code: DR 7-102
31. Nix v. Whiteside, 475 U.S. 157, 106 S. Ct .988 (1986)
32. Mohandas K. Gandhi: Biography
33. Gandhi, "Deceived By a Client "
34. Gandhi, "How a Client was Saved"
35. Clarence Darrow
    Biography
    The Story of My Life
36. Clarence Darrow, The Story of My Life (1932): Chapter 23 (George Bissett)
37. Volume I (The Garrow Case): Read through the following pages quickly as you would a mystery novel:
    pp 177 - 205
    pp 211 - 215 (end of book)
    Prepare to discuss in class Armani's disclosures of information about Garrow to the police at pp. 20-21 and p. 199 with his failure to disclose at pp. 180-81. Would each of these decisions been appropriate under GRPC 1.6?
    
    NO CLASS (2/7/12)
    
38. 1st Graded Assignment due by 5pm on Monday, February 13 (5-7 page analysis of 2nd Simon Exercise)
    
    NO CLASS (2/14/12 - Happy Valentine's Day!)