Chapter 1

Introducing Professionalism and Legal Ethics

I.A. This Professional Responsibility Course is About You

• Why are the questions in Part I.A. relevant to a Professional Responsibility class?

Instapoll

• If you could summarize how you feel about law school at this moment in one word, what would that word be?

Personal Introduction

Question 1I came to law school:

• 2A. to make money. • 8B. to make the world better. • 9C. to pursue a particular interest in law. • 10D. to improve my employment. • 1E. because I had nothing else to do.

Question 2A lawyer is:

• 0A. a hired gun. • 25B. an expert advisor. • 1C. an altruistic public servant. • 4D. a businessperson. • 0E. a fraud.

Question 3As a result of law school and related work, my

understanding of myself as a lawyer has:• • 8A. not changed. • 4B. changed. I am more interested in public

service. • 6C. changed. I have a different goal for my career. • 10D. changed. I am more happy about being a

lawyer. • 2E. changed. I am less happy about being a lawyer.

Question 4After I graduate, I would like to work in:

•4A. public interest law.

• 3B. government. • 15C. a large firm. • 3D. a small firm or solo practice. • 5E. a business.

I.B. Professional Responsibility is about the Legal Profession

Question 1

• Your college has invited you to meet with undergraduates to describe a career in law. In no more than 30 seconds, how would you describe the meaning of professionalism?

What is the Business-Profession Dichotomy? What are it’s elements?

• Unlike business people, lawyers:– Have expertise that is non-accessible– Are altruists who pursue the public interest– Have autonomy from government and the market

Question 2 Law practice is:

• 0A. a business.3B. a profession.21C. both a business and a profession.

Question 3 Lawyers should have high ethical standards

because:

• 4A. law is a profession.18B. lawyer's work has the potential to have a major impact on individuals, businesses and society.

• 2C. all people should have high ethical standards.

Question 4 In your view, which of the following factors is the most significant

cause of the crisis of professionalism?

• 13A. Increased competition in the market for legal services.0B. Increased diversity in the legal profession.3C. Changes in legal education to devalue practice and legal ethics.8D. Changes in American culture that encourage skepticism of claims of expertise and of commitment to the public good.

Question 5 Do you agree that lawyers can make money, have fun, and do good, all at the same time?

• 22Yes • 2No

Can Professional Responsibility be Taught?

• What do most students and faculty think of professional responsibility courses?

What explains these attitudes?

• Signals• Professionalism – Invisible hand of reputation

• Scientism• Assumptions Regarding Moral Development

Question 1I expect this Professional Responsibility course to be:

• 0A. fun. • 8B. challenging. • 17C. both fun and challenging. • D. neither fun nor challenging.

Question 2I want the following from my Professional Responsibility course:

• 3A. Knowledge of the law and rules governing lawyers.

• 0B. Development of my professional identity. • 0C. Development of my capacity for moral

reasoning. • 2D. A & B. • 20E. A, B & C.

Question 3I believe that a Professional Responsibility course is:

• 14A. the most important course in law school.• 7B. the second most important course in law

school. • 3C. less important than my first year subject

matter classes. • 1D. relatively unimportant.

The Legal Dimension of Professional Responsiblity

• Jeopardy

Interpretation and Enforcement of the Rules

• [14] The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct for purposes of professional discipline. Others, generally cast in the term "may," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment.

• [16] Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

The Comments

• [21] The Comment accompanying each Rule explains and illustrates the meaning and purpose of the Rule. The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative.