An Introduction to Legal Profession

Summary

This class on the legal profession is essential for preparing students to pass the Multi-State Professional Responsibility Examination (MPRE), a requirement for many state bars. Originating from the Watergate scandal, it aims to instill ethics in future lawyers. The course covers professional responsibility rules, legal malpractice, and the lawyer's role as a fiduciary and agent. It also explores the challenges of balancing personal morality with professional obligations and the impact of the legal profession's public perception on aspiring lawyers.

Takeaways

• 📚 The class on the legal profession is required to prepare students for the Multi-state Professional Responsibility (MPR) exam.
• 📅 The MPR exam is administered three times a year and is a prerequisite for being sworn in as a member of the bar in many states, including Utah.
• 🏛️ The Watergate scandal was a pivotal event leading to the requirement for an exam in professional responsibility and a class on the subject.
• 🤔 The class aims to make students reflect on the intersection of personal morality and professional ethics within the legal field.
• 👨‍🏫 Law professors do not claim to be moral leaders but seek to foster critical thinking about ethics and morality in legal practice.
• 🚫 The class covers clear rules of professional conduct that lawyers must adhere to, despite potential conflicts with personal moral judgments.
• 🤝 The legal profession is expected to balance professional responsibilities with the maintenance of client confidentiality, even when it challenges personal ethics.
• 🏢 The law of lawyering is established by various entities including state supreme courts, state bar associations, and the American Bar Association (ABA).
• 📜 The ABA's Model Rules of Professional Conduct serve as a guide for many states, including Utah, in shaping their own rules for professional conduct.
• 🏥 Criticisms of the legal profession include restrictive practices, paternalism, and limited accessibility to legal services for the general public.
• 🤝 Students are encouraged to consider their motivations for entering law and how they will navigate the ethical challenges within the profession.

Q & A

Why is the 'Legal Profession' class required for law students?

The 'Legal Profession' class is required to prepare students to take and pass the Multi-State Professional Responsibility Examination (MPRE), which is a prerequisite for being admitted to the bar in many states, including Utah.

When is the MPRE administered, and how often is it given?

The MPRE is administered by the National Conference of Bar Examiners three times a year, typically in August, November, and March or April.

What is the historical event that led to the requirement of a professional responsibility class for law students?

The Watergate scandal, where lawyers were involved in illegal and dishonest activities, led to the requirement for all law students to take a class in professional responsibility.

Can the legal profession instill morality in lawyers, and at what age is one's sense of morality typically formed?

The legal profession aims to instill ethics and morality, but one's sense of morality is typically formed at an early age, influenced by parents, religious teachings, and other factors.

What is the role of law professors in teaching ethics and morality?

Law professors do not aspire to be moral leaders but aim to make students think and feel about morality and ethics, sometimes aligning with the rules of professional responsibility.

How can a lawyer's professional responsibility conflict with their moral feelings?

A lawyer's professional responsibility can conflict with their moral feelings when they are asked to do something dishonest by a client or supervising attorney, or when they must maintain a client's confidences even if it goes against their moral judgment.

What is the source of the law of lawyering, and who has the authority over it?

The law of lawyering comes from various sources, including state supreme courts, which have the ultimate authority over the rules of professional conduct, and the American Bar Association (ABA), which provides model rules.

What is the role of the ABA in establishing the rules of professional conduct?

The ABA, through its Model Rules of Professional Conduct, provides a framework that many states adopt or adapt for their own rules. The ABA also undertakes to review and update these rules periodically.

What are the criticisms against the legal profession, and how do they affect public perception?

Criticisms include restrictive practices that limit competition, paternalism, and the profession's inability to serve the general public due to high costs. These criticisms contribute to a low public perception of lawyers.

How does the legal profession's self-regulation and service to the public define it as a profession?

The legal profession is defined by its self-regulation, substantial training, use of complex judgment, and commitment to serving the client and the public, as outlined by Rosco Pound and the ABA Commission on Professionalism.

What does the class aim to achieve in terms of moral choices and the law of lawyering?

The class aims to make students reflect on how they will handle moral conflicts when required by law and how they will make moral choices when the law of lawyering gives them a choice.

Outlines

00:00

📚 Introduction to Legal Profession and MPR

This paragraph introduces the importance of the legal profession and the necessity of taking a course on professional responsibility. The class prepares students for the Multistate Professional Responsibility Examination (MPR), which is required by most state bars, including Utah, before admission to the bar. The class not only covers rules of professional responsibility but also delves into ethics, morality, and the law of lawyering. The historical roots of this requirement are traced back to the Watergate scandal, where lawyers were involved in unethical behavior, leading to stricter regulations and mandatory ethics education. While the class aims to develop students' moral compass in their legal career, it acknowledges the tension between personal morality and professional responsibility.

05:01

⚖️ Role of the State Supreme Court and the ABA in Lawyering

This section explains the state supreme courts' authority over lawyers and how they regulate the profession. Courts adopt rules, admit lawyers, and enforce discipline. The American Bar Association (ABA), though a voluntary organization, plays a significant role in shaping the profession through the drafting of ethics codes and the Model Rules of Professional Conduct. The ABA’s history with these rules is outlined, from the 1908 Canon of Ethics to the current version of the Model Rules. The paragraph also notes that while Utah’s rules closely follow the Model Rules, each state can customize its own regulations.

10:03

💼 The Definition of Professionalism and Criticisms of the Legal Profession

This paragraph discusses the meaning of professionalism, emphasizing the need for ethical obligations, specialized training, and self-regulation. Professional occupations are defined by their technical complexity, with the legal profession specifically requiring trust from clients who often cannot evaluate the services provided. Criticisms of the legal profession are highlighted, including restrictive practices that limit competition and the legal system's inaccessibility to the general public. Despite corporate entities having legal representation, individuals struggle to afford legal services, leading to a rise in 'do-it-yourself' approaches to legal matters. The paragraph concludes by questioning how future lawyers will address these issues in their practice.

Keywords

💡Legal Profession

The legal profession refers to the vocation of lawyers who practice law. In the script, it's discussed as a field that requires ethical behavior and adherence to professional responsibility. The class mentioned is designed to prepare students for the Multi-State Professional Responsibility Examination (MPRE), which is a requirement for many state bars, emphasizing the importance of this profession's ethical standards.

💡MPRE

The Multi-State Professional Responsibility Examination (MPRE) is a test that law students must pass to be admitted to the bar in many jurisdictions. The script explains that this class aims to prepare students for the MPRE, covering rules of professional responsibility and providing practice quizzes, which underscores the necessity of understanding ethics in the legal field.

💡Professional Responsibility

Professional responsibility in the context of the legal profession refers to the ethical guidelines and rules that lawyers must follow. The script discusses how the Watergate scandal led to a greater emphasis on professional responsibility, resulting in the requirement for law students to take a class on this subject. It's about ensuring lawyers act with integrity and honesty.

💡Watergate Scandal

The Watergate scandal was a major political scandal in the United States, involving illegal activities by members of the Nixon administration. The script mentions it as a catalyst for the requirement of professional responsibility classes, as lawyers were involved in the scandal, leading to a push for increased ethical training in law schools.

💡Ethics

Ethics in the script are discussed in relation to the moral principles that guide lawyers' conduct. It raises the question of whether law professors can instill ethics in students and how personal moral values may conflict with professional obligations. Ethics are central to the legal profession's integrity.

💡State Bar Examination

The State Bar Examination is a test that prospective lawyers must pass to practice law in a particular state. The script mentions that, in addition to the MPRE, students must pass this examination to be admitted to the bar, highlighting the rigorous requirements for joining the legal profession.

💡Model Rules of Professional Conduct

The Model Rules of Professional Conduct are guidelines developed by the American Bar Association (ABA) to provide a framework for ethical behavior among lawyers. The script explains that these rules are studied in the class and are the basis for the MPRE, indicating their importance in shaping the ethical landscape of the legal profession.

💡American Bar Association (ABA)

The American Bar Association (ABA) is a voluntary association that plays a significant role in setting standards for the legal profession. The script notes that the ABA has developed the Model Rules of Professional Conduct, which are influential in shaping the ethical guidelines that law students study.

💡Self-Regulation

Self-regulation in the script refers to the ability of the legal profession to set and enforce its own standards. It is mentioned in the context of how professions are characterized by their need for substantial training and complex judgment, necessitating trust from clients and a system of self-regulation to maintain professional standards.

💡Fiduciary Responsibility

Fiduciary responsibility is the duty of a lawyer to act in the best interest of their client. The script discusses how lawyers are fiduciaries for their clients, meaning they must maintain a high standard of care and loyalty, which is a critical aspect of the professional conduct expected of lawyers.

💡Legal Malpractice

Legal malpractice refers to negligence by a lawyer in providing legal services, resulting in harm to the client. The script mentions legal malpractice as part of the broader law of lawyering, which includes court rules and standards that govern how lawyers must behave, including the consequences for failing to meet those standards.

Highlights

The class on the legal profession is required to prepare students for the Multi-State Professional Responsibility Examination (MPR).

The MPR is given three times a year by the National Conference of Bar Examiners and is a requirement for many state bars.

In Utah, passage of the MPR must be within two years before being admitted to the Utah Bar.

The requirement for the MPR and the class stem from the Watergate scandal, which led to a push for ethics in the legal profession.

The class aims to instill ethics and morality in future lawyers, despite the belief that these values are formed early in life.

The class will explore the intersection of moral and professional responsibilities within the legal field.

Students will learn the rules of professional conduct that lawyers must follow, as well as what they are forbidden to do.

The law of lawyering includes court rules, standards for legal malpractice, and the attorney's role as a fiduciary and agent.

The State Supreme Court has ultimate authority over the rules of professional conduct and the practice of law.

The American Bar Association (ABA) has played a significant role in drafting the Model Rules of Professional Conduct.

Utah's rules of professional conduct are similar to the ABA Model Rules, although some states have made changes to fit their needs.

Professionalism is defined as the practice of a learned art in the spirit of public service.

Professions are characterized by technical competence, ethical obligations, and self-regulation.

The legal profession has faced criticisms such as restrictive practices, paternalism, and limited availability to the general public.

Public perception of lawyers is often negative, with a significant lack of confidence in their honesty and integrity.

Students are encouraged to reflect on their motivations for becoming lawyers and how they will contribute to the legal profession.

Transcripts

introduction to Legal profession why do

we have this class this class legal

profession is required why many students

think that it is required in order to

prepare you to take and pass the MPR the

multi-state professional responsibility

examination and indeed this class does

aim to do that we cover the rules of

professional responsibility we have

practice multiple choice quizzes

the final exam includes multiple choice

questions patterned on the

MPR the MP is given by the National

Conference of bar examiners three times

each year in August November and March

or April State bars generally require

you to pass the MPR as well as the State

Bar examination before you are sworn in

as a member of the bar in Utah your

passage of the MPR must be within 2

years before being being admitted to the

Utah bar accordingly you may take the MP

while still in law school however we do

not require you to take this class in

order to pass the MP indeed the

requirement for the MPR and the

requirement for this class come from the

same historical

event the requirement for this class

stems from

Watergate the Watergate scandal involved

the president and some of his staff most

of whom were lawyers mounting a coverup

of a break-in during and following the

campaign for president leaders of the

bar were horrified that lawyers should

be involved in such illegal and

dishonest activities as a response the

bar sought to require all applicants to

the bar to pass an examination in

professional responsibility the bar also

decided to require all students to take

a class in professional

responsibility from that history one

might imagine then that this class is

intended to instill ethics and Morality

In lawyers to be but is that possible

didn't you acquire your sense of

morality of right and wrong at an early

age influenced by parents and perhaps

religious

teachings and what credentials do law

professors have to preach ethics or

morality I don't aspire to be a moral

leader or a philosopher of Ethics

however we will try to make you feel and

think about morality and ethics in this

class sometimes often what you feel is

the morally right thing to do will be

what the rules of professional

responsibility mandate and sometimes

just as in your personal life it will be

difficult to do the morally and

professionally right thing your client

or supervising attorney may be asking

you to do something dishonest and you

must decline or even

resign but sometimes the lawyer's

professional respons responsibility

clashes with your feeling about the

right thing to do as a moral citizen you

would turn in someone whom you know is

guilty of a serious crime but as an

attorney you have a responsibility to

maintain a client's

confidences finally sometimes the rules

of professional responsibility offer you

choices about how you handle moral

questions in this class we will learn

what the rules of professional conduct

require lawyers to do and what they

forbid lawyers from doing there are many

clear rules do not let your experience

as a 1el cloud your mind with the idea

that everything is gray that anything is

an arguable

proposition we will also learn the law

of lawyering beyond the rules of

professional conduct this will Encompass

other court rules that require lawyers

to behave in a particular way it will

include standards for legal malpractice

the Court's power to hold an attorney in

contempt an appell at Court's ability to

reverse a criminal conviction for

ineffective assistance of counsel or for

denying a client due process of the law

the law of fiduciary responsibility and

the law of agency as the attorney is a

fiduciary for her client and the

attorney is an agent for his client the

principal all laws and rules that frame

how a lawyer must behave contribute to

establishing the law of

lawyering then I hope we can reflect

upon how it feels when we as lawyers are

required to do something which conflicts

with our morality as persons how will we

handle this more importantly I hope we

can reflect upon how we will make moral

choices when the law of lawyering gives

us that

choice where does the law of lawyering

come from there are various players that

establish and enforce the relevant law

of lawyering the state supreme court has

has the ultimate authority over the

rules of professional conduct the court

adopts the rules admits lawyers to

practice in the state and disciplines or

disbars lawyers unlike other

professionals who are licensed and

disciplined by a state agency the courts

have authority over the practice of Law

and thus over who is a lawyer and how

the lawyer must behave the state supreme

court typically delegates authority to

the State Bar Association a quasi

judicial agency to establish and

administer bar exams to investigate and

prosecute lawyer misconduct and to opine

as to the meaning of the rules of

professional conduct and of course the

state supreme court establishes the law

of lawyering in other ways by adopting

rules of procedure Rules of Evidence and

by interpreting statutes or making the

common law in areas of law relevant to

lawyering for example defining legal

malpractice or ineffective assistance of

council courts further shape the

behavior of lawyers by their day-to-day

rulings denying or granting motions

ordering attorneys to take certain steps

in their cases and even holding lawyers

in contempt or fining them for filing

frivolous

pleadings so what is the

ABA the American Bar Association is a

club a voluntary Association it is a

very powerful organization however and

has undertaken to write the model rules

of profession

conduct the ABA first drafted a Canon of

Ethics in 1908 in 1970 the ABA adopted

the model code of professional

responsibility which contained clear

rules as well as more aspirational

standards ethical cannons both the Canon

and the code of professional

responsibility are usually included in

Rule books to show the history of the

current rules in 1983 the ABA did a

wholesale review of the code code and

adopted an entirely new document called

the model rules of professional conduct

that document was overhauled Again by

the ABA in 2000 there are minor

amendments proposed annually by the ABA

what we will study and what is examined

on the MPR is the current version of the

ABA model rules of professional

conduct currently Utah's rules of

professional conduct are very similar to

the model rules however each state is

entitled to adopt the rules it sees fit

and many states have made certain

changes to the model rules the MPR folks

state that their questions call for

answers that are correct in any

jurisdiction in this class we will

occasionally note when Utah's rules vary

from the model rules in significant ways

since many of you are interning or

clerking for attorneys in Utah and may

benefit from this knowledge what does it

mean to be

professional what is a profession who is

a professional

according to Rosco pound professionalism

is the practice of a quote learned art

in the spirit of Public Service close

quote this is the definition adopted by

the ABA Commission on

professionalism sociologists Define

professional occupations as those

requiring technical competence and

carrying ethical

obligations other distinguishing

features include ethical codes

regulatory autonomy prescrib training

and Monopoly Elliot fredson who is also

quoted by the ABA commission says a

profession requires substantial training

and the use of complex judgment that

clients cannot evaluate Professional

Services and so must trust the

professional accordingly a profession

must be self-regulating and the

professional must be devoted to serving

the client and the public what

criticisms are levied against the legal

profession Prof there are various

criticisms of professionals including

that the restrictive practices limit

entry discourage competition and stifle

Innovation professionals are criticized

for being paternalistic and

inappropriately deciding what is best

for their clients or patients it is

argued that the paternalistic power can

motivate professionals to create and

mold client needs to their the

professionals own ends moreover the Le

profession is criticized for failing to

be available to the general public while

corporate entities retain lawyers

individuals find it difficult to afford

to hire an attorney for legal

representation when they need it from

divorces to Wills the general public is

increasingly approaching law as a

do-it-yourself project if the legal

profession cannot make its expertise

available to those who need it it is

unlikely that Society will permit the

legal profession to retain its Monopoly

power and self-regulated state the

general Public's views of lawyers is

very low according to Deborah Ro's book

in the interests of Justice less than

one fif of Americans have confidence in

the honesty and integrity of

lawyers for class discussion consider

the Public's dislike of lawyers and what

you as a professional will do about

this why did you want to be a lawyer

does your motivation still make sense to

you have you come to think less of the

legal profession why have you reassessed

what the legal profession will offer you

and how you will carve out a place in

the legal profession thank you