Chapter 1 Lawyers, Legal Assistants, and the Regulation of the Legal Profession

A Legal Ethics Genealogy 1850sAlabama Judge George Sharswood’s lectures lead to the book, Professional Ethics 1887Alabama Bar Association Code of Ethics 1908ABA Canons of Professional Ethics 1969ABA Model Code of Professional Responsibility 1983ABA Model Rules of Professional Conduct 1997ABA Ethics 2000 Commission created 2002 ABA House of Delegates conclude voting on the Ethics 2000 recommendations

The ABA Model Code vs. The ABA Model Rules The ABA Model Code of Professional Responsibility Adopted by the ABA in 1969 Replaced the ABA Canons of Professional Ethics (1908) Has a structure of Canons, Ethical Considerations, and Disciplinary Rules The ABA Model Rules of Professional Conduct Adopted by the ABA in 1983 Replaced the ABA Model Code of Professional Responsibility Has a structure of Rules and Comments Has some rules that are substantively different than the Model Code

Ethics 2000 What is It? What is It? The name of the process designed to examine and recommend changes to the ABA Model Rules of Professional ConductThe name of the process designed to examine and recommend changes to the ABA Model Rules of Professional Conduct What was the Process? What was the Process? 1997 – The Ethics 2000 Commission was appointed1997 – The Ethics 2000 Commission was appointed 2000 – The Ethics 2000 Commission issued its first report2000 – The Ethics 2000 Commission issued its first report 2001 – The Ethics 2000 Commission issued its second report2001 – The Ethics 2000 Commission issued its second report 2002 – The ABA House of Delegates completed its voting on accepting or rejecting the Ethics 2000 commission’s recommendations2002 – The ABA House of Delegates completed its voting on accepting or rejecting the Ethics 2000 commission’s recommendations Why does it Matter? Why does it Matter? Eventually, jurisdictions that used the ABA Model Rules are likely to adopt the Ethics 2000 changesEventually, jurisdictions that used the ABA Model Rules are likely to adopt the Ethics 2000 changes Paralegals working in jurisdictions that will adopt the Ethics 2000 changes will need to adjust their actions accordinglyParalegals working in jurisdictions that will adopt the Ethics 2000 changes will need to adjust their actions accordingly For example, the Ethics 2000 version of MR 1.10 has an accepted Comment that allows for the screening of paralegals in order to prevent imputed disqualification of the law firmFor example, the Ethics 2000 version of MR 1.10 has an accepted Comment that allows for the screening of paralegals in order to prevent imputed disqualification of the law firm

Jurisdictions and Their Sources of Attorney Ethics Rules Rules Based Upon the ABA Model Code Iowa New York Ohio Oregon Puerto Rico Tennessee (prior to March 1, 2003) Rules Not Based Upon the ABA Model Code or ABA Model Rules California Maine Rules Based Upon the ABA Model Rules Everywhere else

Types of Attorney Discipline Private Reprimand –This might protect the attorney’s name from being disclosed Short Suspension –Usually, the attorney’s reinstatement is automatic after the suspension Significant Suspension –Usually, the attorney needs to apply for reinstatement Disbarment –Disbarment is not always permanent (Florida has a five year disbarment option)

The Arguments For and Against the Clinton Disbarment For Disbarment  A lawyer lied under oath  This lawyer was also the president  The Ark. Disc. Comm. Recommended disbarment Against Disbarment  The president never lied  The president’s under oath statements concerned his private life  The president was acting as a client, not as a lawyer

Understanding Legal Ethics Professional Ethics Case Law Rules of Professional Ethics Ethics Opinions

How to Brief a Case Facts Facts What are the key facts important to the case’s resolution? What carries the “story” forward? Issue Issue What is the legal conflict presented? What does the court need to resolve? What are the key facts that make the issue come alive? What legal conflict needs to be created if none is presented? Holding Holding What is the answer to the issue, or issues? Reasoning Reasoning What is the court’s explanation for its decision? What rule of law, or ethics rule, is being applied? What key facts are discussed in the reasoning? Decision Decision What is the court’s conclusion?