PowerPoint Presentation

Professional responsibility

Class #2Renee Newman Knake@reneeknakewww.reneeknake.comAssociate Professor of Law, Michigan State University

One step at a time, theres no need to rush.--Jordin SparksProfessor Renee Knake, Professional Responsibility

This is your life.This is your time.Snow Patrol, Called Out in the DarkLast time

Professor Renee Knake, Professional Responsibility

Professionalism &The Basic Elements of Law Practice

From This American Life with Ira Glass

{ Take a look at a short clip. Just watch. Well discuss.

I ask you in your personal capacities. As people. As citizens. As neighbors. Friends. What should the journalist have done here? Make a difference if she was drunk? Does it matter if the other rescuers are there? Does it matter that other rescuer is lifeguard? What if she shouted let the water take me? Get people to give personal discussions. Tease out class discussion.

USE THIS CLIP FOR SYMBOLICAL PURPOSES as a starting point. TRANSITION FROM YOUR LIFE TO PRACTICE. WITH IT COMES A PARADIGM SHIFT. FROM EVERYTHING THAT WE JUST DISCUSSED TO LEGAL ANALYSIS. If I ask you the same questions. What should the photojournalist have done in your new capacity as a future lawyer. What are some of the hallmark differences ? LEGAL RULES as guide Need to find legal rules Ethical obligations to use information in certain ways Questions of agency who do you represent?

6Three Conceptions of Professionalism:

The Traditional ConceptionBusiness-Professional DichotomyCharacteristics of ProfessionalismSources of the Law Governing Lawyers

InstitutionsHighest State CourtState/Federal Trial CourtsLegislaturesAdministrative AgenciesState Bar Association (mandatory/integrated)State/Local Bar Associations (voluntary)ABAALIInsurance/Employer/ClientRulesModel Rules Professional ConductState Ethics CodesOther Law/Causes of ActionCasesAdvisory Ethics OpinionsTimeline1908 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)ABA 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.pdfWhat 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 aheadThe End of Lawyers?#knakepr