Legal Ethics with Professor Milles

Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law Rules 7.1, 7.2, and 7.3: advertising and solicitation Non-lawyer ownership of law firms

Chapter 12: Lawyers' Duties to Adversaries and Third Persons, pp. 736-764. Problem 12-5: The Prosecutor's Masquerade, pp. 746-747.

April 14, 2021: Chapter 12: Lawyers' Duties to Adversaries and Third Persons, pp. 703-736. Rules 4.1, 4.2, 4.3, 4.4

Rule 3.3: Candor toward the Tribunal (duty to disclose adverse legal authority) Rule 3.5: Impartiality and Decorum of the Tribunal (improper influences on judges and jurors) Rule 3.6: Trial Publicity Rule 3.7: Lawyer as Witness Problem 11-9: A Letter to the Editor, pp. 689-690.

Chapter 11: Lawyers' Duties to Courts, pp. 639-675, especially pp. 639-644, 646-671. Problem 11-7: Child Pornography, p. 662.

Chapter 11: Lawyers' Duties to Courts, pp. 613-638 NYSBA Ethics Opinion 1214 (Frivolous argument; withdrawal) Problem 11-2: Flight from Sudan, Scene 1, pp. 631-633, and Problem 11-3: Flight from Sudan, Scene 2, pp. 637-638.

Chapter 10: Conflicts Issues for Government Lawyers and Judges, pp. 567-612, especially pp. 567-583, 596-609. Problem 10-1: The District Attorney, p. 581

Chapter 9: Conflicts Between Lawyers and Clients: Prohibited Fee Arrangements 2020 Amendments to Rule 1.8(e) Problem 9-3: An Impoverished Client, p. 535.

Chapter 9: Conflicts Between Lawyers and Clients: Unreasonable Fees, pp. 489-526. Problem 9-1: An Unreasonable Fee, p. 503

Chapter 8: Current Client Conflicts in Particular Practice Settings, pp. 454-489. Representing criminal defendants; Sixth Amendment Representing insurance companies Problem 8-7: Representing the McCarthys, pp. 472-474.

Chapter 8: Current Client Conflicts in Particular Practice Settings, pp. 439-454. Problem 8-2: "Don't Rock the Boat," p. 454

Chapter 7: Conflicts Involving Former Clients, pp. 393-438. ABA Formal Opinion 497 (2021): Conflicts Involving Materially Adverse Interests Problem 7-3: Toxic Waste, pp. 425-427.

Rule 1.9: Duties to Former Clients Rule 1.10: Imputation of Conflicts of Interest Rule 1.13: Organization as Client

Chapter 6: Conflicts of Interest: Current Clients, pp. 347-391. ABA Formal Ethics Opinion 492: Obligations to Prospective Clients: Confidentiality, Conflicts and “Significantly Harmful” Information Problem 6-1: Food Poisoning, pp. 372-374.

Midterm exam review

Rule 1.7: Conflict of Interest: Current Clients Rule 1.10: Imputation of Conflicts of Interest: General Rule Rule 1.18: Duties to Prospective Client

March 1, 2021: Chapter 5: The Attorney-Client Privilege and the Work Product Doctrine

Confidentiality and attorney-client privilege compared Elements of the privilege Attorney-client privilege for corporations The work product doctrine

Chapter 4: The Duty to Protect Confidences: Exceptions ABA Formal Opinion 496: Responding to Online Criticism Problem 4-6: Reese's Leases, pp. 292-294.

Chapter 4: The Duty to Protect Confidences, pp. 239-269. Problems 4-1 and 4-2: The Buried Bodies, Scenes 1 and 2, pp. 258-264.

February 19, 2021: Week 4 Key Concepts Rule 1.16: Declining or Terminating Representation Rule 1.6: Confidentiality

Chapter 3: Relationships Between Lawyers and Clients; Lawyers' Responsibilities as Agents; Who Calls the Shots? ABA Formal Opinion 491: Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings Problem 3-4: Vinyl Windows, pp. 220-221.

Chapter 3: Relationships Between Lawyers and Clients; Duties of Candor, and Communication, pp. 184-203. ABA Formal Opinion 491: Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings Problem 3-3: Torture, pp. 192-194.

Rule 1.3: Diligence Rule 1.4: Communications Rule 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer Rule 1.14: Client with Diminished Capacity

Chapter 3: Relationships Between Lawyers and Clients; Formation of the Lawyer-Client Relationship; Duties of Competence and Diligence, pp. 151-184. Problem 3-1: The Washing Machine, pp. 169-170.

Chapter 2: The Legal Profession: Regulation, Discipline, and Liability, pp. 109-150, especially pp. 109-143. Problem 2-3: The Little Hearing, pp. 120-123.

Rule 8.3: Reporting Professional Misconduct Rules 5.1, 5.2, and 5.3: responsibilities and liability of supervisory and subordinate lawyers Competence, Malpractice, and Ineffective Assistance of Counsel Formation of the lawyer-client relationship

Chapter 2: The Legal Profession: Regulation, Discipline, and Liability, pp. 65-109, especially pp. 81-109. Problem 2-1: The Dying Mother, pp. 97-98.

Introduction & Chapter 1: The Legal Profession: Bar Admission, History, and Diversity, pp. 1-64, especially pp. 4­-12, 19-39. Diane Klein, What Law School Couldn't Do for Josh Hawley and Ted Cruz, Dorf on Law (Jan. 19, 2021), http://www.dorfonlaw.org/2021/01/what-law-school-couldnt-do-for-josh.html Problem 1-1: Adderall, pp. 33-35.