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.