An Introduction to Legal Profession
Summary
TLDRThis 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
- π The class on the legal profession is required to prepare students for the Multi-state Professional Responsibility (MPR) exam.
- π 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.
- ποΈ The Watergate scandal was a pivotal event leading to the requirement for an exam in professional responsibility and a class on the subject.
- π€ The class aims to make students reflect on the intersection of personal morality and professional ethics within the legal field.
- π¨βπ« Law professors do not claim to be moral leaders but seek to foster critical thinking about ethics and morality in legal practice.
- π« The class covers clear rules of professional conduct that lawyers must adhere to, despite potential conflicts with personal moral judgments.
- π€ The legal profession is expected to balance professional responsibilities with the maintenance of client confidentiality, even when it challenges personal ethics.
- π’ The law of lawyering is established by various entities including state supreme courts, state bar associations, and the American Bar Association (ABA).
- π 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.
- π₯ Criticisms of the legal profession include restrictive practices, paternalism, and limited accessibility to legal services for the general public.
- π€ 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
π 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.
βοΈ 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 ABAβs 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 Utahβs rules closely follow the Model Rules, each state can customize its own regulations.
πΌ 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.
Mindmap
Keywords
π‘Legal Profession
π‘MPRE
π‘Professional Responsibility
π‘Watergate Scandal
π‘Ethics
π‘State Bar Examination
π‘Model Rules of Professional Conduct
π‘American Bar Association (ABA)
π‘Self-Regulation
π‘Fiduciary Responsibility
π‘Legal Malpractice
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
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