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| Course | Professionalism in the Practice of Law - Law 696U | ||
| Instructor | Thomas A. Zlaket View Faculty Page | ||
| tom@zlaketlaw.com | |||
| Units | 2 - Pass/Fail | ||
| Prerequisites: | None |
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| Recommended Courses: | None |
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| Overview | Lawyers are professionals. This is a course about professionalism in the practice of law, and how attorneys can develop and maintain it in the face of today’s pressures, including increased competition. It is not a course in the formal rules of professional responsibility, although there is considerable overlap involving ethics and professionalism. This overlap will be explored, along with the enduring core values essential to the legal profession. This course also serves as a way to prepare students for the transition from law school to law practice, by attempting to address some of the real-life situations that will likely face new attorneys. It has been suggested by past students that the course should be subtitled “What they never told me in my other law school classes.” The course will address, among other things, professionalism issues that arise in the context of the lawyer's relationships with clients, judges, opposing counsel, co-counsel, the public, court staff, and support staff. Guest speakers from the legal profession and the judicial branch will be invited from time to time to address the class. A sampling of the subjects to be covered includes: Professionalism vs. Ethics The overlap The distinctions Civility and courtesy vs. strategy and tactics The tensions The meaning and role of advocacy The purging of "zealous advocacy" Discovery abuse and other unhappy practices Core values of the profession Competence in an increasingly complex field Loyalty Truth Integrity Honor Judgment Honesty Lying by lawyers Its causes Its consequences Solutions Traditional roles of the lawyer Counselor Advocate Statesman Citizen Officer of the Court Public Perception Its origins Solutions Professionalism vs. money Are they mutually exclusive? Pro bono service Transactional lawyers vs. litigators Different standards? Different behaviors? Costs of unprofessionalism To the profession To the justice system To the public To the client To civilized society To the individual lawyer
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| Materials | Text and materials compiled by professor, including law review and journal articles on professionalism. |
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| Course Format | Lecture and discussion. This course will require attendance at each class and active student participation. The class will involve extensive use of hypotheticals raising the subjects mentioned in the course overview. |
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| Written Assignments | TBA |
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| Type of Exam | TBA |
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| Basis for grading | Class participation and paper. |
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