Professional Responsibility

Professional Responsibility

Elon Law School

Fall 2024

Room 207

Monday & Wednesday 9:45–10:45 am


Professor: Eric M. Fink

efink@elon.edu

336-279-9334

Office Hours: https://calendly.com/emfink


Teaching Assistant: Ashe Cooper

acooper25@elon.edu

Description

This course is intended to acquaint students with the organization and regulation of the legal profession, the nature of the attorney-client relationship, and the duties that attorneys owe to clients and others. Upon successfully completing the course, students should be familiar with the ABA Model Rules of Professional Conduct and other sources of law governing the legal profession, and be able to apply these rules to issues that arise in legal practice. The course will also help prepare students for the Multistate Professional Responsibility Examination (MPRE), but will not cover all of the topics tested on that exam.

Materials

Required

Casebook: Professional Responsibility: An Open-Source Casebook (v.2.1 2023). Available on the course website: emfink.net/PR. The website also has review questions and links to other resources.

Suggested

Hornbook: Grace M. Giesel, Mastering Professional Responsibility (2d ed., Carolina Academic Press 2015).

Policies

Grading

Your grade will be based on a final examination consisting of multiple choice questions, similar in format to the Multistate Professional Responsibility Examination (MPRE). You will receive a copy of the Rules of Professional Conduct to use during the exam, which will otherwise be closed-book/closed-notes. The exam will take place during the Fall Term exam period (Dec. 2-9, date and time TBA)

Attendance

Elon Law School has adopted the following attendance policy for all courses:

The Law School administers a policy that a student maintain regular and punctual class attendance in all courses in which the student is registered, including externships, clinical courses, or simulation courses. Faculty members will give students written notice of their attendance policies before or during the first week of class. These policies may include, but are not limited to: treating late arrivals, early departures, and/or lack of preparation as absences; imposing grade or point reductions for absences, including assigning a failing grade or involuntarily withdrawing a student from the class; and any other policies that a professor deems appropriate to create a rigorous and professional classroom environment.

In case of illness or emergency, students may contact the Office of Student and Professional Life, which will then notify the student’s instructors. A student may notify the faculty member directly of a planned absence and should refer to individual faculty members regarding any policy that may apply. In the case of prolonged illness or incapacity, the student should contact the Office of Student and Professional Life.

Disability Accommodations

For disability accommodation requests, contact Monica Isbell, misbell@elon.edu, Director of Disability Resources.

Honor Code

The Law School honor code applies to all activities related to your law school study, including conduct during class and examinations.

Schedule & Assignments

Date

Topic

Assignment

  

I: The Legal Profession & Regulation of Lawyers

September 4

Regulatory Institutions

Casebook, Chap. 1, § 1; Giesel, Chap. 1

September 6 & 9

Professional Gatekeeping

Casebook, Chap. 1, § 2; Giesel, Chap. 2

  

  

II: Advertising & Solicitation

September 11

Advertising; Solicitation

Casebook, Chap. 2; Giesel, Chap. 45 & 46

  

  

III: The Attorney-Client Privilege

September 16

Establishing & Ending an Attorney-Client Relationship

Casebook, Chap. 3, § 1; Giesel, Chap. 4, 11, & 12

September 18

Attorney as Agent, Client as Principal

Casebook, Chap. 3, § 2; Giesel, Chap. 8 & 14

September 23

Organizational Clients

Casebook, Chap. 3, § 3; Giesel, Chap. 13

September 25

Attorney Fees & Client Property

Casebook, Chap. 3, § 4; Giesel, Chap. 9 & 10

  

  

IV: The Duty of Care

September 30 & October 2

Competence, Malpractice, & Ineffective Assistance

Casebook, Chap. 4; Giesel, Chap. 5-7, 24

  

  

V: Confidentiality & Privileges

October 7 & 9

Duty of Confidentialty

Casebook, Chap. 5, § 1; Giesel, Chap. 15

October 14 & 16

Attorney-Client Privilege & Work-Product

Casebook, Chap. 5, § 2; Giesel, Chap. 16

  

  

VI: Conflicts of Interest

October 21 & 23

Concurrent Client Conflicts

Casebook, Chap. 6, § 1; Giesel, Chap. 17 & 18

October 28 & 30

Conflicts Involving the Lawyer’s Interests

Casebook, Chap. 6, § 2; Giesel, Chap. 21

November 4 & 6

Former Client Conflicts & Imputation

Casebook, Chap. 6, §§ 3 & 4; Giesel, Chap. 19, 20, 22, & 23

  

  

VII: Duties in Litigation

November 11 & 13

Integrity of the Proceedings

Casebook, Chap. 7, § 1; Giesel, Chap. 26-32

November 18

Prosecutorial Misconduct

Casebook, Chap. 6, § 2; Giesel, Chap. 33

  

  

VIII: Interactions with Non-Clients

November 20

Truthfulness & Fairness; Dealing with Represented Persons; Dealing with Unrepresented Persons

Casebook, Chap. 7; Giesel, Chap. 35-37

  

November 25

Final Review

TBA

Final Exam