The
course starts with a discussion of admission to practice law. Module 1 covers
the requirements for becoming a lawyer, including law school and the bar exam.
We’ll also cover the consequences of attorney misconduct and the agencies who
are in charge of enforcing the attorney ethics rules. We will also focus
heavily on the unauthorized practice of law rules, which are relevant to
non-attorneys and to attorneys licensed in other states.
In
Module 2, we’ll start on the attorney-client relationship. We’ll discuss the
duties owed to the client, including the duties of diligence, loyalty and
competence. We will look at who the “client” is in the context of a corporate
representation. We’ll then focus on which decisions the client makes in a
representation and which decisions the lawyer makes. Finally, we’ll cover the
duty of confidentiality and the related attorney-client privilege and
work-product doctrines.
Module
3 turns to the duties owed to others, including the court, opposing counsel and
even to other parties. We’ll discuss the duty of candor to the court and the
prohibition against ex parte
communications with the judge. In discussing communications with third parties,
we’ll distinguish between represented and unrepresented parties and discuss the
steps that must be taken to avoid giving off the wrong impression about the
attorney’s loyalty. We’ll also cover special responsibilities owed by
prosecutors.
In
Module 4, we’ll turn to the conflict of interest rules, which are components of
the duty of loyalty. We will look at the different rules that apply to current
client conflicts and former client conflicts. We’ll also cover conflicts of
interest that come from other sources, such as business and family
relationships.
In our
final module, we’ll look at the business of lawyering. We’ll cover the rules of
attorney’s fees and the limits thereon and the rules for client solicitations
and advertising. We’ll also look at the problems of fee-splitting and
partnerships with other lawyers and with non-lawyers.
This
course should give you a solid foundation in the rules of legal ethics and we
hope you’ll also take advantage of our other law-based courses.
Best
of luck and we welcome your feedback.
GOV-102: Basics of Legal Ethics