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Ethical Lawyering Prof. Paul T. Hayden Spring 2007.

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Presentation on theme: "Ethical Lawyering Prof. Paul T. Hayden Spring 2007."— Presentation transcript:

1 Ethical Lawyering Prof. Paul T. Hayden Spring 2007

2 What makes a profession? Practice requires substantial intellectual training and the use of complex judgments Clients must trust professionals, since they cannot evaluate their work Self-interest sublimated to clients’ interests and the public good It is self-regulating

3 Sources of Regulation of Lawyers Rules of Professional Conduct (disciplinary rules) Ethics Opinions (interpreting disciplinary rules) “Other law”

4 Sanctions for rule violations Disbarment Suspension Public reprimand (AKA censure) Private reprimand (AKA admonition) Probation (can be used in conjunction with any of the above)

5 Sources of Regulation of Lawyers Rules of Professional Conduct (disciplinary rules) Ethics Opinions (interpreting disciplinary rules) “Other law”

6 Legal education and bar admission A.Evolution of legal education in the U.S. B.The bar exam C.Character and fitness certification D.Admission without passing the bar exam

7 The Unauthorized Practice of Law Two types: (1)Practice of law by non-lawyers (2)Practice of law in one state by lawyers admitted in another state


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