PROFESSIONAL RESPONSIBILITY

CLASS #2

RENEE NEWMAN KNAKE@RENEEKNAKE

WWW.RENEEKNAKE.COMASSOCIATE PROFESSOR OF LAW, MICHIGAN STATE UNIVERSITY

“One step at a time, there’s no need to rush.”

--Jordin Sparks

Professor Renee Knake, Professional Responsibility

“This is your life.This is your time.”

Snow Patrol, Called Out in the Dark

Last time…

Professor Renee Knake, Professional Responsibility

Professionalism &

The Basic Elements

of Law Practice

{From This

American Life with Ira Glass

Three Conceptions of Professionalism:

1.The Traditional Conception

2.Business-Professional Dichotomy

3.Characteristics of Professionalism

Sources of the Law Governing Lawyers

Institutions•  Highest State Court•  State/Federal Trial Courts•  Legislatures•  Administrative Agencies•  State Bar Association (mandatory/integrated)•  State/Local Bar Associations (voluntary)•  ABA•  ALI•  Insurance/Employer/Client  Rules•  Model Rules Professional Conduct•  State Ethics Codes•  Other Law/Causes of Action•  Cases•  Advisory Ethics Opinions

Timeline 1908 ABA adopts the Canons of Ethics.  1969 ABA adopts Code of Professional Responsibility. In the following years, every state adopts the Code or something similar.  1983 ABA adopts Model Rules of Professional Conduct. (“Old MR”) 1988 Michigan adopts Michigan Rules of Professional Conduct that are based on but not identical to the ABA Model Rules.  1983-2000 ABA enacts approximately 30 amendments to the Model Rules.  2002 ABA adopts comprehensive amendments to the Model Rules as proposed by Ethics 2000 Commission. (“MR”) 2003ABA adopts additional amendments to Rules 1.6 and 1.13.

2011 Michigan adopts revisions based upon the 2002 amendments from the Ethics 2000 Commission.

2012 ABA adopts amendments as recommended by the 20/20 Commission.

For the status of all states, see http://www.americanbar.org/content/dam/aba/migrated/cpr/pic/ethics_2000_status_chart.authcheckdam.pdf

What does it mean to practice

law?

Professor Renee Knake, Professional Responsibility

Opening Text

Next time: Creating and Ending the Lawyer-Client Relationship pp 56-86; read ahead—The End of Lawyers?

#knakepr