Professional Responsibility 312 (4 units)



Professional Responsibility 312 (4 units) Fall 2020Professor Sung Hui KimUCLA School of LawPlease take the time to read this syllabus carefully. It contains important information about the organization of the course, the requirements, and your grade. This is a syllabus, not a contract, and it is subject to change. Please refer to MyLaw for the most up-to-date information. course descriptionThis course provides an overview of the professional responsibility of lawyers, exploring common ethical problems that lawyers encounter in practice. This course will be taught primarily through the hypotheticals found in the casebook. The hypotheticals are in the form of multiple-choice questions, which conform to the style of the Multi-State Professional Responsibility Exam (MPRE). Our class discussions will include topics such as what the ABA Model Rules of Professional Conduct require, state variations that are common, the wisdom of various policy choices, how the rules might apply to a hypothetical fact pattern, the pressures that might cause a lawyer to ignore regulatory rules, and the steps that you or others might take to better serve clients and to minimize the chance of a regulatory violation. Although we will study some additional materials, the ABA Model Rules of Professional Conduct will be the primary source of regulation covered in this course. The final grade for the course will be based on a final examination and consideration of the student’s participation in the course. The format of the final exam will be determined at a later date.course schedule Classes meet Tuesdays, Wednesdays, and Thursdays from 1:45 pm to 3:00 pm over Zoom video.course outcomesBy the end of the course, you should be able to do the following: recognize ethical issues in fact patterns and understand which ABA Model Rules of Professional Conduct are applicable;apply the elements of the ABA Model Rules of Professional Conduct and selected other provisions to a fact pattern;understand and be able to use the policy arguments that are common in this field when making rule or application arguments; locate resources that can help you address professional responsibility problems; and anticipate the pressures you might face as a lawyer and consider, before those pressures arise, how you would like to respond. required texts & ToolsJefferson, Pearce, Green, Joy, Kim, Murphy, Terry, & Brown, Professional Responsibility: A Contemporary Approach (4th ed. 2020) (You are required to use this edition, as there have been substantial revisions from the prior edition.)Hardbound, printed version of casebook: (includes access to the e-version)Electronic-only version of casebook: Model Rules of Professional Conduct (online) (All states, including California, have adopted rules of professional conduct that are based on the ABA Model Rules.): Handouts Posted on the Course’s Webpage on MyLawPre-recorded videos posted on on the Course’s Webpage on MyLawCopies of the casebook and the rules supplement are on reserve in the library. Please note that the casebook is part of West’s Interactive Casebook series. This means that you can purchase the cheaper electronic-only version of the book (“eBook & Learning Library”), which includes nifty hyperlinks to educational and entertaining materials, or the hardbound copy (“CasebookPlus Hardbound”) that also includes the e-version and one-year’s access to the Learning Library. The online Learning Library includes helpful quizzes reflecting all of the multiple-choice questions printed in the casebook, complete with answer explanations. Because the professor will not be using the interactive features of the casebook in class, you are welcome to buy a used copy of the casebook (if there are used copies available), provided that you separately purchase access to the Learning Library ($35 only). Access to the Learning Library is important because the professor will not have time during the class period to review all the assigned casebook multiple-choice questions and you may need to refer to the answer explanations to the multiple-choice questions not covered in class. (Because this is the first year of the 4th edition, there may be no used copies available.) Unless the professor tells you otherwise, you should bring your casebook to each class and have access to the ABA Model Rules of Professional Conduct. (The casebook does reprint key excerpts from the relevant rules, but you will often need to read additional portions of the rules, as well as the comments. For copyright reasons, the casebook cites the Delaware Rules of Professional Conduct or whichever state’s ethics code most closely tracks the ABA Model Rules.)OPTIONAL TEXTABA Model Rules of Professional Conduct (2020 or 2019 ed.)Hardbound, printed version of rules supplement (2020 edition): version of rules supplement (2019 edition): are not required to purchase a printed, hardbound copy but you might find it helpful to do so. Please note that the last amendments to the ABA Model Rules were enacted in 2018, so the 2019 edition is the earliest edition to contain the currently effective rules. The mpreFor admission to the bar of most states (including California), you must pass the Multistate Professional Responsibility Exam (MPRE). The MPRE is a multiple-choice exam covering the ABA Model Rules of Professional Conduct and Code of Judicial Conduct as well as generally accepted principles established in federal and state cases regarding the conduct of lawyers. This course will cover a number of subjects included on the exam and will provide useful background information; however, this course is not an MPRE review course per se. Before you take the MPRE, the professor strongly encourages you to take a traditional MPRE review course in addition to this class. More information about the MPRE can be found at The test date for this fall is October 23 or 28, 2020. You must register by September 14, 2020. See . The MPRE will also be given in March and August 2021.office hoursZoom office hours to be announced. If you cannot make it to my pre-scheduled Zoom office hours, I’d be happy to schedule a mutually convenient time. Contact informationOffice in Law Building: 2441 Tel. 310.206.6399Email: sung.kim@law.ucla.eduAdministrative Assistant: Thomas Price, tprice@law.ucla.eduvideo-recordings (In-person or REMOTE)a. Availability. The professor has requested that the audio-visual department video-record all in-person classes. For all online classes conducted remotely, the professor plans to use the Zoom program and video-record all class sessions. The professor appreciates students reminding her to record the Zoom video sessions. The Zoom program uses video-recording or other personal information capture for the purpose of facilitating the course. All recordings will be available for viewing only by students enrolled in the class and only during the semester on Panopto. The recording feature for others is disabled so that no one else will be able to record this session through Zoom. No recording by other means is permitted. The recordings are not available for download. Recordings will be deleted when no longer necessary. However, the recording may become part of an administrative disciplinary record if misconduct occurs during a videoconference. Should you have technical difficulties, please read the following guide: . If you are unable to resolve the problem, please feel free to contact the school’s information technology department.b. Recording tails. Video-recordings may include events that happen before class officially begins or after it officially ends. Please do not discuss any confidential matters during these periods of time.c. Privacy. If you have privacy concerns and do not wish to appear in the Zoom video-recording, do not turn on your video but please post a photo of yourself (or an avatar – see Zoom Video-Instructon Policy below). If you have questions or concerns about this, please contact the professor.d. Permission to use. The professor hereby grants permission for students currently enrolled in the course to access the video-recordings solely for the purpose of participating in the course.? The recordings may not be used by any person other than a student enrolled in the course or for any purpose other than to participate in the course. Students are prohibited from downloading or distributing any portion of the recordings for any purpose. Students should understand that, as happened many times before, technical problems or human error may prevent successful recording. Therefore, if you are unable to make it to a particular class, please be sure to ask a fellow classmate to take notes for you. By enrollment in this course, each student consents to the recording and use described above. zoom VIDEO-instruction POLICYFor class periods conducted over Zoom, the professor strongly encourages students to turn on their videos in order to replicate the in-person classroom experience as much as possible. Last year, many students complained about other students’ not turning on their videos as affecting their motivation. If you need to turn off your video for privacy or bandwidth reasons, please upload a photo of yourself so that everyone can learn to associate faces with names. If you wish not to use a photo of yourself, please feel free to use an avatar to represent yourself. You can create an avatar that captures your likeness by downloading the super-cool Insta Toon app (“real-time art filters”) from Net Sigma or from the Apple App Store. See: . grading policy & CLASS PARTICIPATIONThe grade for this course is based on a consideration of your class participation throughout the semester and your performance on an approximately one to two hour final examination, the details of which will be announced later in the semester. The final exam will be open book and open notes: you may refer to your casebook, your rules supplement, all required materials for the course, your classroom notes and course outline only. The specific format of the final examination will be announced at the end of the semester. In the event that the professor decides to give a traditional issue-spotter essay question for the final exam, maximum credit will be given to those students who demonstrate thorough and effective analysis in answering an essay question. Less credit will be given to answers that merely state conclusions or answers that do not explain the reasoning and analysis used to reach a conclusion. Similarly, less credit will be given to answers that recite abstract principles of law without applying those principles to the facts presented in the questions. For participation, the professor gives greater weight to thoughtful contributions that demonstrate your advance preparation for the class. You will be required to participate—i.e., the professor will call on you—on a discussion panel during a single week of class periods. You will be assigned to a panel of several students responsible for engaging in structured classroom discussion during your assigned week. A student who is unprepared when called upon may be marked absent for that class and automatically will be required to participate in the following week’s class discussions, regardless of whether he or she has signed up for the following week’s panel. The professor reserves the right to modify the panel schedule so that students are on call more frequently (i.e., over several weeks) over the course of the semester.You may review your final examination after final grades have been recorded by the Dean's office. The professor is available to discuss with any student how examination performance might have been improved. In accordance with sound law school policy, grades can be changed only to correct mathematical or clerical errors.MANDATORY ATTENDANCERegular and punctual attendance is required unless excused. A student may be administratively withdrawn from this course if he or she is absent from more than 20% of the regularly scheduled class sessions. Although the professor may take daily attendance, each student is responsible for keeping track of his or her absences. Lack of preparation, early departure, or inappropriate behavior may result in a student being marked absent. In light of this pandemic, if you are not feeling 100%, please do stay home and let me know that you cannot attend the class(es). disability accommodationsUCLA Law strives to provide accommodations in a way that supports students with disabilities while maintaining their anonymity and the fundamental nature of our law program.? As such, students needing academic accommodations should not contact their professors directly, but contact Carmina Ocampo, Director of Student Life (ocampo@law.ucla.edu) ?or the UCLA Center for Accessible Education (CAE) at cae.ucla.edu. When possible, students should start this process within the first two weeks of the semester, as reasonable notice is needed to coordinate accommodations.resources for health and wellnessStudents needing assistance with medical or mental health issues, substance abuse, anxiety or depression or other health-related matters should contact the Office for Student Affairs at studentaffairs@law.ucla.edu, UCLA Counseling and Psychological Services (CAPS) at 310-825-0768 or the Ashe Student Health & Wellness Center at 310-825-4073.? CAPS operates a satellite clinic in our Law Library on Mondays, Tuesdays and Wednesdays, 10:00 a.m.-1:00p.m. in Room 1112Q of the Law Library. ?UCLA has many resources to help students so please take advantage of them.reading assignments schedule (subject to change)The following chart is a provisional reading assignments schedule and is subject to change at any time. Any changes will be posted on this course’s MyLaw page from time to time. Readings are from the required casebook and the Model Rules of Professional Conduct. Remember, if you are using the e-version of casebook, much of the material includes hyperlinks to definitions, the Rules, additional source materials, etc. Unless indicated otherwise and posted on MyLaw, you are not required to read the hyperlinked material, but you will find the material useful and helpful to your performance in this class. When the schedule refers to an ethics rule, you should read the entire rule and comment. Please note that this Reading Assignments Schedule may contain errors, especially since this class is the first class to be using this Syllabus. If you see an error, please contact me to notify me of the error. Please also note that this Schedule is likely to change from time to time. Therefore, the professor does not recommend that you read more than a couple of assignments in advance. Please also be sure to rely on the most recent draft of this Schedule uploaded onto MyLaw.WeekDATEChapter & TopicCasebook PagesRelevant Rule/Other LawProblem(s)*1TU Aug. 25Introductionpp. 1-18[17 pages] MR 8.1 1-1 to 1-151WED Aug. 262 (I-II (A-B)): Intro & Defining the Practice of Lawpp. 19-38[19 pages]1TH Aug. 272 (II (C-D)): Defining the Practice of Lawpp. 38-56 [18 pages]MR 1.8(a), 5.3-5.5, 5.7 2-1 to 2-32TU Sept. 12 (II): Defining the Practice of Law (UPL by lawyers)2(III): Creating the Lawyer-Client Relationshippp. 56-61[5 pages]pp. 61-71[10 pages]MR 5.5, 8.5RS §14, MR 1.13 2-4 to 2-62-72WED Sept. 22(III): Creating the Lawyer-Client Relationship2(IV): Ending the Lawyer-Client Relationship pp. 71-81 [10 pages]pp. 81-88[7 pages]MR 1.2(b-d), 1.16(a), 3.1, 6.2 MR 1.162-8 to 2-9 2-10 to 2-112TH Sept. 32(V): Competencepp. 88-101[20 pages]MR 1.1, 1.3, 1.4, 1.18, 5.1, 5.3, 8.4, 8.5, RS §482-12 to 2-153TU Sept. 82(V): Competencepp. 101-117[16 pages]1.8(h), 1.2(c)2-16 to 2-193WED Sept. 92(VI): Principles That Govern the Relationship Between Lawyers and Clientspp. 117-133[16 pages]MR 1.2, 1.3, 3.2, RS §21-22, 6th Amdmt2-20 to 2-21 3TH Sept. 102(VI): Principles That Govern the Relationship Between Lawyers and Clients3(I-II(A)): Finding Clients (Overview of Marketing) pp. 134-143[9 pages]pp. 145-161[16 pages]MR 1.2(c), 1.2(d), 1.14, 1.16(a), 2.1MR 1.12-22 to 2-244TU Sept. 153(II(B)): Finding Clients (Solicitation) pp. 161-177[16 pages]MR 7.33-1 to 3-24WED Sept. 163(II(C)): Finding Clients (Advertising)pp. 177-189[12 pages]MR 7.1-7.53-3 to 3-54TH Sept. 173(III): Fees & Billingpp. 189-215[26 pages]MR 1.4(b), 1.5, 1.8(a, d, e, f, i), 1.15, 2.1, 7.1; RS §§ 18, 35 3-6 to 3-135TU Sept. 223(III): Fees & Billingpp. 215-229[14 pages]RS §38, cmt f 3-14 to 3-155WED Sept. 23Guest Speaker (TBA)5TH Sept. 244(I-III): Attorney-Client Privilegepp. 231-247[16 pages]MR 1.6; RS §§ 68, 69, 72; FRE 501-5024-1 to 4-46TU Sept. 294(III): Attorney-Client Privilege pp. 247-265[18 pages]MR 1.13(f); RS § 73 6WED Sept. 304(III): Attorney-Client Privilegepp. 265-283[18 pages]MR 4.4; RS § 71; FRE 502 4-5 to 4-76TH Oct. 14(III(D)): Attorney-Client Privilege (Crime-Fraud Exception)4(IV(A-B)): Duty of Confidentialitypp. 283-286[3 pages]pp. 286-293[7 pages]RS § 82MR 1.1, 1.6, 1.9, 1.184-84-9 to 4-107TU Oct. 64(IV(C)): Exceptions to Duty of Confidentialitypp. 294-309[15 pages]MR 1.6(b)4-11 to 4-147WED Oct. 75(I-II): Simultaneous Representation of Multiple Clientspp. 311-333 [22 pages]RS §14, MR 1.75-1 to 5-87TH Oct. 85(II): Simultaneous Represention of Multiple Clients (Advance Waivers)pp. 333-341[9 pages]MR 1.7, 1.8(g)5-9 to 5-108TU Oct. 135(III-IV): Lawyer-Client Conflicts of Interestpp. 342-349[7 pages]MR 1.8, 3.75-11 to 5-148WED Oct. 145(V): Former Clientspp. 349-362[13 pages]MR 1.9, 1.115-15 to 5-188TH Oct. 155(VI-VII): 3rd-Party Neutrals & Vicarious Disqualificationpp. 362-373 [11 pages]MR 1.12, 2.4, 1.105-19 to 5-229TU Oct. 205(VIII): Conflicts of Interest in Criminal Cases6(I(A)): Meritorious Claims & Contentionspp. 372-380[8 pages]pp. 381-386[5 pages]FRCP 44MR 3.1; FRCP 115-23 to 5-25 6-19WED Oct. 216(I(B)): Law, Evidence & False Testimonypp. 386-397[11 pages]MR 1.6, 3.36-2 to 6-69TH Oct. 226(I(C-G)): Miscellaneous Duties to the Court & Other Tribunalspp. 397-406[9 pages]MR 3.3(d), 3.4, 3.5, 3.9, 8.4, RS §§ 113, 1176-7 to 6-13Oct. 23 & 28MPRE (register by 9/14)(Also in March and August 2021)10TU Oct. 276(I(H): Trial Publicitypp. 406-423[17 pages]MR 3.6, 3.86-14 to 6-1510WED Oct. 286(I(I-J)): Criticism of Judges & Decorum, Civility & Obedience to Court Orderspp. 423-442[19 pages]MR 3.5, 8.2, FRCP 30(d)(2)6-1610TH Oct. 296(II): Duties to Opposing Parties & 3rd Partiespp. 442-450[8 pages]MR 1.6, 4.1, 4.2, 4.3, 4.4(b), 8.4(a)6-17 to 6-2111TU Nov. 3No class11WED Nov. 46(III): Duties regarding the Law & the Legal Professionpp. 450-471[21 pages]MR 1.2(d), 1.6, 1.13, 4.1, 4.4(a), 5.1, 5.2, 5.6(b), 8.3, Hazard test, RS § 56, 17 CFR Part 2056-22 to 6-2911TH Nov. 57(I): Prosecutorial Ethics pp. 473-499[26 pages]MR 3.87-1 to 7-312TU Nov. 107(I): Prosecutorial Ethics pp. 499-518[19 pages]MR 3.87-4 to 7-512WED Nov. 11No class12TH Nov. 127(II): Judicial Ethicspp. 518-534[16 pages]CJC Rules 1.2, 1.3, 2.4, 2.7, 2.8, 2.9, 2.10, 2.11 7-6 to 7-913TU Nov. 177(II): Judicial Ethicspp. 534- 551[17 pages]CJC Rules 2.7, 2.10, 2.11, 3.1, 3.6, 3.7, 3.9, 3.12, 3.13, 3.14, RPC 1.127-10 to 7-1213WED Nov. 188(I-II(A)): Intro, Dominant Conception, &Competing Visions (Moral Responsibility)pp. 553- 569[16 pages]pp. 569-578 [9 pages]Preambles to the Canons, Code, and Rules; MR 1.1, 1.2(b), 1.4, 2.1; TN Op. 960F-1408-1 to 8-128-13 to 8-1613TH Nov. 198(III(B-C)): Competing Visions (Feminist; Religious Lawyering )pp. 578-584[6 pages]pp. 585-604[19 pages]8-17 to 8-198-20 to 8-2314TU Nov. 248(III(D-E)): Competing Visions (Racial Justice; LGBTQ Rights) pp. 604-619[26 pages]pp. 619-626[7 pages]8-24 to 8-288-29 to 8-3014WED Nov. 25Guest Speaker (TBA) Final Exam: T.B.A. Review Session: T.B.A.* Students are not required to read any problems not specifically listed on the Syllabus.** Students should also be familiar with any relevant definitions of terms listed in Rule 1.0 and all relevant Comments, even if they are not specifically listed in the Syllabus. ................
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