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

     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