This course is taught primarily using case studies based upon actual malpractice and related lawsuits against lawyers. Although it will focus mainly on practical ethical and professional responsibility issues involving business and transaction lawyers, it also covers issues that are important to litigators. Unlike most law school courses, the final exam counts for 50% of the final grade and the other 50% is determined prior to the final exam by two class assignments during the semester, one 10 page research paper, a mid-term exam on the ABA Model Rules of Professional Conduct, and class participation. Some of the issues to be examined include: -Who is the lawyer's client? -What types of conflict of interest issues arise in business transactions and how to deal with them? -What ethical limitations exist on investing in a client's business? -When is a lawyer deemed to "know" that a client is engaging in fraudulent conduct? -What is the role of a lawyer when confronted with client fraud? We will discuss recent developments generated by litigation involving Arthur Andersen and Enron and changes affecting lawyers by the Sarbanes-Oxley Act of 2002. -What exposure exists for civil liability or violation of criminal laws? -Must a lawyer be a "whistleblower" against a client? -What does an associate in a law firm do when confronted with professional ethics issues? Students will be asked to research, analyze and give reports on recent ethical problems confronting lawyers. This course satisfies the professional responsibility requirement. Professor John Dzienkowski will assist on a part- time basis with the teaching of this course. Enrollment is limited to 60 students.
|Tuesday||3:45 - 5:35 pm||TNH 3.142|
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Burton, W. Amon Jr.