Select Page

Ethical Lawyering
University of Toledo School of Law
Pizzimenti, Lee Ann

Ethics
Ethics sources
1. Philosophy
2. Rules/Standards
a. Model Rules of Professional Conduct
b. Code of Professional Responsibility
c. Related Statutes
3. Related areas of law
a. Agency/Partnership
b. Civil Procedures
c. Constitutional law
d. Contracts
e. Criminal law/procedures
f. Evidence
4. Restatement of laws governing lawyers
Ethical theories
1. Rights based, deontological:
a. Focus on act (not consequences)
b. Informed consent; allow client to make decision
c. Maxim : persons as ends, not means; respect
2. Consequential, teleological
a. Focus on consequences
b. Maxim: greatest good for greatest number
3. Relational, ethic of care
a. Thief steal food to feed starving family
Common lawyering roles
1. Instrument of client- do what client wants
2. Parent/Director
3. Collaborator- both sides discuss
Major Ethics Issues: (answer key for exam) (1-4 fiduciary duties)
1. Competence
2. Loyalty- protect client interest
3. Confidences- protect client confidence
4. Communication
5. Duties to others/system

I. Judicial and Professional Regulation of Lawyers
a. Admission
i. 1. Requirements for membership in bar:
1. Education
a. ABA accredited law school
2. Bar Exam (or waive)
a. Waive ex. If practice in another state for another of year
3. Oath
4. Federal Ct. requirements:
a. Licenced to practice in a state
b. Training session
5. Character and fitness (at the time of admission)
a. Burden
i. It is applicant’s burden to prove they are fit
b. Standard
i. Applicant must show by clear and convincing evidence they are fit; applicant has the burden of proof
c. Behavior considered problematic:
i. Conduct oneself with high degree of honesty, integrity, and trustworthiness
ii. Respect for and accordance with the law
iii. Act professionally
1. It does not have to be criminal to be considered problematic
2. Criminal activity most problematic
a. Violence
b. Money dishonesty
c. Do not file taxes
d. Sex related crimes
e. Fraudulent activity
iv. Drunk driving
1. Once is workable
2. Two shows that you have alcoholism
d. Application of ADA (Americans with Disabilities Act)
i. Disability- If otherwise qualified, they are entitled to reasonable accommodations
ii. Must show that they have control of the disease to be allowed to sit for the bar
1. If recognize the problem and make reasonable accommodations then can sit
iii. Applicant of the bar shall not make a false application of the fact or failure to submit information
ii. 2. Pro hac vice: “for this time” (try one case in another state)
1. Should grant unless legitimate state interest
a. Will revoke if try to apply for it too many times
2. No due process right to pro hac vice
3. Due process rights if get pro hac vice and it is revoked
b. Discipline
i. 1. Source: Supreme C

s; it may be inferred from circumstances
d. Duty to report behavior 8.3
i. Other states will know about your unlawyer like behavior
ii. If knows about a substantial question regarding honesty, trust
1. Not how much proof you have, but the seriousness of the harm
iii. Unless protected by 1.6 (legal advice to a client; any information related to the representation of the client; therefore broader than attorney/client privalidge)
1. However, should ask the client
e. Who is responsible for misconduct
i. 5.1 (Supervising lawyers)
1. Reasonable efforts that other lawyers conform to the Rules Professional Conduct
2. They are responsible for another lawyer’s violation of the Rules of Professional Misconduct
ii. 5.2 (Subordinate lawyers)
1. Bound by Rules of Professional Conduct (no boss told me so defense)
2. No violation if acted with reasonable resolution of an arguable question (rely on the experience of supervisory lawyer, however must be reasonable)
iii. 5.3 (legal assistant)
1. Must make reasonable efforts to ensure conforming conduct
2. Responsible for their actions
f. Choice of law issues 8.5 (not on exam)