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Ethical Lawyering
University of Connecticut School of Law
Sicklick, Jay Evan

LEGAL PROFESSIONALISM
 
     Stick to the 1983 Rules (while the 2002 rules have been approved by the ABA…they are not codified by a majority of States
 
6 Parts in this Course
      (1) Essence of Lawyering–What does it mean to be a Lawyer??…History etc.
      (2) Confidentiality**
à the cornerstone of legal representation
à     the critical essence of representation of client
(3)    The Adversarial System**
à our entire legal system is based on this
à b/c of the nature of the mandate that you defend your client vigorously…a lot of issues arise (negotiation tactics, trial tactics, etc…
(4)    The Counselor as a Non-Adversary
à negotiator, mediator
à this also has it’s ethical implications…in what goes on in order to resolve a dispute (can you try to mediate w/o entering into the adversarial syst?)
(5)    Lawyer Discipline
à     what constitutes a threshold for lawyer discipline? Should lawyer’s govern themselves?
à     Should they invite the public in to help determine what the threshold is?
(6)    Conflicts of Interest**
à     When you can and can’t represent someone
à     (ex) When you can move to another firm and take a client who used to be an adversary to a client of your old firm
(1)    (ex) can you be shielded from existing litigation against your old firm when your new firm is suing your old firm?
                                   
**Big Three Parts
 
What could happen if you violate an Ethical Rule?
(a)   Grievance Cmmtee –Disbarment
(b)   Could be fined/sanctioned
(c)   Judge kicks you out of the case
–most likely scenario for this is w/ a Conflict of Int scenario (shouldn’t represent 2 parties in the same litigation (or you may have represented the other side in an earlier case)
 
What is the course all about?
à     You need to know the laws…or else you can lose your license or worse
à     Makes you a better lawyer to think about these issues now
à     Makes you think about the complexity of being a lawyer
à     Problem centered approach
 
When going thru the problems look at 3 things:
(1)    RULES
(2)    Statutory guidelines
(3)    Your own dilemmas…follow your conscience?
 
 
 
 
Professional Autonomy
à By 1925…all States had some type of bar assoc
à ABA—formed i

e) will not likely get you out of this, esp when you are suspicious and have a hint that there may be unlawful conduct underway
 
But…you are not under an obligation to undergo a thorough investigation…
Standard  = what a REASONABLE ATTY would do in the same sitn
 
CLASS 1—Hypo (2)
            à this case was just filed a few wks ago in Greenwich
à b/c of town’s failure to warn that this crossbar was a danger to this particular child (Π’s counsel argues that the cross bar should have been painted a diff color)
 
(A) Conflict of Interest?
à   Is it a conflict of interest if you engaged in the financial fundraising of this Playscape?
à “Practical” or “Legal” conflict of interest?? (Am I going to act like a human being or am I going to act like a lawyer?
 
à Is it a “legal” conflict of interest?
Probably not…b/c the rules require past representation, concurrent representation…etc