Clark D. Cunningham
W. Lee Burge Professor of Law & Ethics
Spring Semester 2006
Copyright © 2006.
Last updated June 11, 2006
Web Site Address:
http:/law.gsu.edu/ccunningham/PR/
Clarence Darrow at the McNamara Trial
Professional Responsibility: Heroes and Villains
Clark D. Cunningham W. Lee Burge Professor of Law & Ethics Spring Semester 2006 Copyright © 2006. Last updated June 11, 2006 Web Site Address: http:/law.gsu.edu/ccunningham/PR/ |
Clarence Darrow at the McNamara Trial |
THIS CLASS MEETS ON TUESDAYS IN ROOM
230: 2:30 pm - 4:10 pm. The reading assignments are posted on this web site,
linked to the syllabus, except for the ABA Model Rules and Volumes I-III of the Case Studies.
Constance Baker Motley with James Meredith |
||
|
This course is one section of the required Professional Responsibility course. Is "lawyer-hero" a contradiction in terms? If not, do lawyers become heroes because of their lawyer role or in spite of it? This course will explore the possibility that the answer can be "yes" to both parts of the question, because law is unique among the professions in the way it creates for its members profound moral dangers and also offers opportunities for honorable action and inspiring self sacrifice. Three interconnecting themes will recur throughout the course:
(1) Regulation--what do the Rules of Professional Conduct and other sources of legal authority require, prohibit and permit lawyers to do in various situations?
(2) Client Centered Practice--what does it mean to be committed to serving your clients and how does such a commitment go beyond what the rules require or prohibit?
(3) Heroism--how does the practice of law challenge lawyers to be heroes of their own lives?
The course is organized around a series of exercises and case studies which are intended to illustrate and develop all three themes. There will be three exercises and three case studies.
EXERCISES: Each exercise involves two role plays based on the same fact pattern. Each student must prepare to play an assigned role (lawyer or sometimes a client) and then must submit a written analysis of the actual role play. This analysis will be based on a video recording of the role play which can be viewed on any computer connected to the law school network; the video can also be accessed from home computers that have good internet connections and Real Player software (free download from the Web). The first writing assignment will count as 20% of the final course grade. The second role play will enable students to apply insights from their analysis of the first role play. A second paper will be written in light of the second role play and graded; the grade on the second writing assignment will count as 40% of the final course grade.CASE STUDIES: The three case studies are based on actual cases. Students assigned to a case study must be prepared to engage in rigorous class discussion about the details of the cases and to analyze the decisions and actions of the lawyers in terms of all three themes (compliance with regulations, client service, and heroism).
Bookstore:
Susan R. Martyn, Lawrence J. Fox, & W. Bradley Wendel, The Law Governing Lawyers: National Rules, Standards, Statutes and State Lawyer Codes (Aspen 2006) {Delivery of this book to the bookstore may be delayed -- if so, assigned readings from the book will be available on the course web site.}
Duplicated Materials: Purchase
in class
Volumes I-III :Case Studies
Volume I: The Garrow Case -- Tom Alibrandi & Frank Armani, Privileged Information (edited)
Volume II: Clarence Darrow (pdf)
Volume III:
(A) The Baby Jessica Case (pdf)
(B) The James Meredith Case
EXAMINATION The final examination will count for 40% of the course grade and will be a two-hour, closed book multiple choice exam. There will be 40 questions. (Note: the Multistate Professional Responsibility Examination (MPRE) consists of 45 multiple choice questions to be answered in 2 hours.) Students will be expected to be familiar with all the assigned readings, including all three case studies. Students must also be familiar with the fact patterns for all three exercises. Students who attend all exercises and case study discussions, even if not assigned to participate, will be better prepared for the examination. Some of the questions will be MPRE type questions that ask you to apply the Model Rules to a hypothetical fact pattern. (You will need to know the content of the Model Rules assigned for the course but are not expected to identify them by rule number.) Some questions will test knowledge and comprehension of court decisions and other materials assigned for reading. Many of the questions will be based on fact patterns from the three Exercises and three Case Studies and will focus on ethical issues related to them discussed in class and in the writing assignments. (In terms of the exercises, complete review of the "Exercises" section of the course web site is an excellent method of preparation; by "complete" I mean all the background information, specific instructions, videos, student papers posted on the web site, and instructor comments on the papers. ). For sample exam questions click here.
ATTENDANCE
AND PREPARATION Each student is required
to participate in one exercise (which means BOTH role
plays) and one case study. Participation means that the student
is timely and prepared; if a student is late, absent or unprepared
for more than one class during a given exercise or case study that student will
be required to complete another exercise or case study. Watching the videotape
of a role play does not satisfy the participation requirement. (Exercises and
case studies extend over two or three classes; see course
overview.) If a student is aware in advance that the student may be absent
for an assigned exercise or case study, the student is encouraged to ask for
assignment to a difference exercise or case study. A student who does not complete
one exercise and one case study will be required to withdraw from the course.
Exceptions from this policy will only be granted if a student shows exceptional
good cause for repeated lateness, absence and/or lack of preparation.
On class days designated as "Lecture/Discussion" (see Course Overview) I will do some Socratic-style teaching.
If you do not wish to be called on, please let me know either by placing a note
on the podium before class begins or marking "U" next to your name on the seating
chart. If you are unprepared for an assigned exercise or case study, definitely
let me know before class either in person or by note. Please do NOT attempt
to participate in a role play if you are not adequately prepared; this would
be very unfair to your fellow students.