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

Syllabus (as of May 1, 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): download as a 160 page MS Word document
(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

This course requires you to view videos on a computer to complete several assignments. To view the videos, the computer you are using must have the QuickTime software installed. To download this software for free, click on the following link:
Free Version of QuickTime


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?
  3. Georgia State Bar Rule 4-101: Enforcement of the Georgia Rules of Professional Conduct
  5. Georgia Disciplinary Procedures
  6. GRPC: Preamble
  7. GRPC: Scope
  8. GRPC1.0: Terminology (pdf) (skim)

    Using the Rules of Professional Conduct to Disqualify Opposing Counsel: the McKesson Case
  9. Bernocchi v. Forcucci, 279 Ga. 460, 614 S.E.2d 775 (2005) (relevance of GRPC 1.7 to motions to disqualify)
  10. GRPC 1.7 (Conflict of Interest: General Rule)
  11. Greg Land, Conflict claim sours big firm’s work with health giant (Fulton County Daily Report, August 31, 2006)
  12. 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?
  13. 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?

    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]
  14. In re Friedman's Inc, 385 B.R. 381(S.D. Ga. 2008)
  15. Excerpt from October 24, 2003 Letter from Law Firm to Friedman's Audit Committee (pdf)
  16. GRPC 1.1 (Competence);
  17. 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
  18. Excerpts from Paul S. Milich,”Attorney Client Privilege,” Courtroom Handbook on Georgia Evidence 26-32 (2010)
  19. GRPC 1.6 (Confidentiality of Information)
  20. GRPC 3.3 (Duty of Candor toward the Tribunal)
  21. GRPC 1.14 (Client Under a Disability) (pdf)
  22. GRPC 1.16 (Declining or Terminating Representation)
  23. Georgia Superior Court Rule 4: Attorneys Appearance, Withdrawal and Duties (excerpts)
  24. 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.
  25. 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
  26. 1st Simon Exercise (all students to review carefully to prepare to play role of lawyer at initial meeting with Simon)
  27. 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.
  28. "Slayer's 2 Lawyers Kept Secret," New York Times (06/20/74) (1 page)
  29. New York Public Health Law (excerpts) (1 page)
  30. People v Belge, 372 N.Y.S.2d 798 (Onondaga County Court 1975) (5 page pdf download)
  31. People v Belge, 376 N.Y.S.2d 771 (App. Div. 1975) (1 page)
  32. People v. Belge, 41 N.Y.2d 60 (Ct. App. 1976) (1 page)
  33. N.Y. State Bar Opinion No. 479 (1978) (5 pages)
  34. 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
  35. Pass/Fail Assignment 1 due by noon, Thursday, January 26: Confirming Video Access (should take less than 10 minutes) (requires course password)
    To view the videos, the computer you are using must have the QuickTime software installed. To download this software for free, click on the following link: Free Version of QuickTime


    CLASS FOUR (1/31/12) Class will last until 5pm Audiorecording of class for absent students
  36. General Instructions for 2nd Simon Exercise 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)
  37. Freedman, "Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions," 64 Mich.L. Rev. 1469 (1966)
  38. ABA Model Code: DR 7-102
  39. Nix v. Whiteside, 475 U.S. 157, 106 S. Ct .988 (1986)
  40. Mohandas K. Gandhi: Biography
  41. Gandhi, "Deceived By a Client "
  42. Gandhi, "How a Client was Saved"
  43. Clarence Darrow
    Biography
    The Story of My Life
  44. Clarence Darrow, The Story of My Life (1932): Chapter 23 (George Bissett)
  45. 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)
  46. 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!)


    CLASS FIVE (2/21/12) Review Readings 28-34 and 40-44 for class discussion.
  47. GRPC 1.7, 1.8, 1.9, 1.10 (GLE 25-38)
  48. Clarence Darrow and the Railroad Strike (3 pp) [Consider if GRPC 1.7 and 1.9(a) had applied, whether Darrow's handling at various points in the story of the conflict between his sympathy with the railroad strikers and his duty to his client, the railroad, would have been (a) required, (b) prohibited or (c) pemitted.]
  49. Sullivan County v. Town of Acworth, 686 A.2d 755 (N.H. 1996) (4 pp)

    SPRING BREAK

    CLASS SIX (3/6/12)
  50. Georgia Formal Advisory Opinion 03-2 (confidentiality between jointly represented clients)
  51. Read: Case Studies: Volume II (A) pp. 1-39 (Baby Jessica Case)
  52. Baby Jessica: Exercise One - Instructions

    CLASS SEVEN (3/13/12) Class until 5pm
  53. Read Case Studies: Volume II (A) 40 -72 (pp. 73-82 are optional) (Baby Jessica Case)
  54. Read GRPC 2.1
  55. 28 U.S.C. 2101(f) (stay pending application for writ of certiorari)
  56. "Stay Pending Review by U.S. Supreme Court," Am. Jur. 446
  57. DeBoer v Schmidt, 509 U.S. 1301 (1993) (Stevens, J.) (denial of stay application)
  58. Steven Keeva, "A Client's Perspective," ABA Journal 76 (Jan. 2005) (pdf file)
  59. Read Case Studies: Volume II (B) pp. 1-11, 23-29, 33, 40-50 (James Meredith Case) [Note the discussion questions on p. 1, pp 12-21, 31-32, and 34-39 are optional ]
  60. Updates on the James Meredith Case
  61. Constance Baker Motley, Civil Rights Trailblazer, Dies at 84 (New York Times, Sep 29, 2005)
  62. Baby Jessica: Exercise Two -- Instructions

    NO CLASS (3/20/12)
    Office hours: 2:00 - 3:00

    NO CLASS (3/27/12)
    Office hours: 1:10 - 4:10

  63. 2nd Graded Writing Assignment due by 1pm on Thursday, March 29. The paper grade will be reduced by the equivalent of a full letter grade (e.g. A to B, D to F) if submitted late without good cause. Further grade reduction is possible depending on how late the paper is submitted. This submission deadline is intended to give Ms. Butler the afternoon to download and copy your papers (and to give me a headstart on the weekend to begin grading) and also gives you two days in addition to the weekend to prepare for class on April 3, which is primarily a review session.

    CLASS EIGHT (4/3/12) Class until 5pm. Audio of last hour of Class Eight
    Bring both Volume I and II of the Case Studies to class (and as always bring your copy of Materials on Georgia Legal Ethics)
    -- Review of Georgia Rules of Professional Conduct covered to date, sample exam questions, and comparison with ABA Model Rules that differ significantly from the comparable Georgia Rules.
    -- Transactions with Persons Other than Clients (4.1 - 4.3)
    -- Representing an organization as client (1.13)
    -- Representing a former client (1.9)
    -- Imputed conflict of interest (1.10, 1.11)
  64. History of Confidentiality Exceptions
  65. Original version of ABA Model Rule 1.6 as adopted in 1983
  66. Ethics 2000 recommendations to amend MR 1.6
  67. Summary of ABA House of Delegates Actions in 2001 on MR 1.6
  68. ABA MR 1.6 as adopted in 2002
  69. ABA MR 1.6 as amended in 2003 (current version)
  70. Comparison of 1983 and 2002 versions of ABA Model Rule 1.6
  71. Comparison of Current MR 1.6 and GRPC 1.6 (Word document) (pdf)
    Expanded Comparison of Current MR 1.6 and GRPC 1.6 (Word document) (pdf) [posted 5/1/12]

    Review from Class 3 (originally Readings 28-34)
  72. "Slayer's 2 Lawyers Kept Secret," New York Times (06/20/74) (1 page)
  73. New York Public Health Law (excerpts) (1 page)
  74. People v Belge, 372 N.Y.S.2d 798 (Onondaga County Court 1975) (5 page pdf download)
  75. People v Belge, 376 N.Y.S.2d 771 (App. Div. 1975) (1 page)
  76. People v. Belge, 41 N.Y.2d 60 (Ct. App. 1976) (1 page)
  77. N.Y. State Bar Opinion No. 479 (1978) (5 pages)
  78. 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 reordings of his conversations with Garrow, and the diagram of the location of the bodies
  79. GRPC 1.13 (Organization as Client)
  80. Taylor, "Ethics and the Law: A Case History," NY Times Magazine (1/9/83) (OPM Case)
  81. lnstructions for OPM exercise (in-class role play)
  82. Review questions (to be discussed and answered in class -- you will find these questions a useful way to organize your review of the assigned readings)

    CLASS NINE (4/10/12) Class until 5pm         (Readings 84-89 originally assigned for Class Eight) Audiorecording for absent students Part 1 Part 2
    We will complete the Review questions not discussed in Class 9 (pp. 15 -27 -- these are generally more complex questions than pages 1 -14 and you are therefore encouraged to analyze these questions in advance of class and write down your answers)
    -- Representing an organization as client (continue discussion of OPM case and Rule 1.13 from Class 8)
    -- Lawyer as Witness (3.7)
    --     Transactions with Persons Other than Clients (4.1 - 4.3)
    -- Representing a former client (1.9)
    -- Imputed conflict of interest (1.10, 1.11)
    -- Limits on lawyer advertising (7.1, 7.2, 7.4, 7.5)
  83. GRPC 3.7 (Lawyer as Witness)
  84. GRPC 4.1, 4.2, 4.3
  85. Read ABA Model Rule 1.7
    (a) Comparison of Current ABA MR 1.7 and GRPC 1.7 (Word document)

    CLASS TEN (4/17/12) Last class: meets until 5pm Audiorecording for absent students Part 1 Part 2
    Official and supplement course evaluations to be completed during class
    .
  86. Review GRPC 1.9, 1.10 and 1.11
  87. Review Sullivan County v. Town of Acworth, 686 A.2d 755 (N.H. 1996) (4 pp) (originally Reading 49)
  88. ABA House OKs Lateral Lawyer Ethics Rule Change (ABA Journal Weekly Newsletter Feb 16, 2009)
  89. Read ABA Model Rule 1.10
    (a) Comparison of Current ABA MR 1.10 and GRPC 1.10 (pdf)
  90. Bates v. State Bar of Arizona, 433 U.S. 350 (1977) (established 1st Amendment right for attorneys to advertise)
  91. Review Questions on GRPC 4.1, 4.2, 7.1 and 7.3 (pdf)
  92. Read GRPC 7.1, 7.2, 7.4 and 7.5
  93. Read ABA MR 7.1 (including the comment)
  94. ABA MR 7.2, 7.4 and 7.5 (not including the comments)
    Comparison chart on Rule 7.1 (Word document)
  95. In the Matter of Anonymous, 775 N.E. 2d 1094 (Ind. 2002) (example of deceptive lawyer advertisement)
  96. Sample website that violates Georgia Rules of Professional Conduct (created by Robert Bexley, COL '10):ppt pdf
  97. Evaluate the following two law firm websites in terms of the requirements of GRPC 7.1
    -- www.forthepeople.com (" Our record includes numerous large personal injury settlement amounts"); www.forthepeople.com/settlements_verdicts and www.forthepeople.com/terms-and-conditions
    -- www.bmelaw.com ; www.bmelaw.com/record ("our record -- numbers don't lie); and www.bmelaw.com/disclaimer
  98. Falanga v State Bar of Georgia , 150 F.3d 1333 (11th Cir.1998)
  99. Read GRPC 7.3: Direct Contact with Prospective Clients GLE 103-106
  100. Formal Advisory Opinion 05-6: Ethical propriety of lawyer advertising where the intent is to refer out to other lawyers. GLE 145-147
  101. Formal Advisory Opinion 03-3: Is it ethically permissible for an attorney to enter into a “solicitation agreement” with a financial investment adviser? GLE 142-144
    NOTE: Readings 102 - 106 will not be tested on the final exam
  102. Read GRP 1.5: Fees GLE 18-21
  103. Formal Advisory Opinion 01-1: Is it ethically permissible to charge for a standard unit of time without regard to actual time expended? GLE 134-135
  104. Formal Advisory Opinion 03-1: May an attorney charge a non-refundable special retainer? GLE136-138
  105. Formal Advisory Opinion 07-1: May a lawyer disclose client information to a third party in order to collect fee from the client? GLE 155-157
  106. Formal Advisory Opionion 87-5: An attorney may not to the prejudice of a client withhold the client's papers or properties upon withdrawal as security for unpaid fees.

    Extended Office Hours
    Students are encouraged to review the sample B+ or better papers and General Comments on WA2 before meeting to review their own papers. The Exercises web pages have been moved to a protected folder limited to students currently enrolled in the course; use your MyLaw ID to access these pages. Four sample papers and the General Comments have now been posted on the Protected Exercise Two web page.
    April 18: 2:30 - 3:30 pm
    April 19: 10:00 - 11:00 am
    April 20: 10:30 - 11:30 am
    April 24: 2:00 - 4:00 pm
    May 2: 10:00 - 12:00 pm
    May 3: 1:00 - 4:00 pm
    No exam related questions will be answered either in person or by email after 4pm on May 3.