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Professional Responsibility and Ethics (LAW 747)

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  1. Course Overview & Materials
    Syllabus - LAW 747
    5 Topics
  2. Topics
    1. Introduction & Background
    10 Topics
  3. 2. Admission to the Practice of Law
    8 Topics
  4. 3. Introduction to the Standard and Process of Lawyer Discipline
    17 Topics
  5. 4. Malpractice
    21 Topics
  6. 5. Unauthorized Practice of Law
    16 Topics
  7. 6. Duty to Work for No Compensation (Pro Bono)
    13 Topics
  8. 7. Decision to Undertake, Decline, and Withdraw from Representation; The Prospective Client
    15 Topics
  9. 8. Division of Decisional Authority Between Lawyer and Client
    7 Topics
  10. 9. Competence, Diligence, and Communication
    8 Topics
  11. 10. Duty of Confidentiality: Attorney-Client Privilege and Work Product Doctrine
    18 Topics
  12. 11. Duty of Confidentiality: Rule 1.6 and its exceptions
    22 Topics
  13. 12. Advising Clients – Both Individual and Corporate
    12 Topics
  14. 13. Conflict of Interest: Concurrent Client Conflict
    19 Topics
  15. 14. Conflict of Interest: Conflicts Between A Client and the Lawyer’s Personal Interest
    9 Topics
  16. 15. Conflict of Interest: Former Clients
    13 Topics
  17. 16. Communication Between Lawyers and Represented/ Unrepresented Persons
    7 Topics
  18. 17. Billing for Legal Services: Fees, Handling Client Property (Settlement Proceeds and Physical Evidence)
    19 Topics
  19. 18. The Decision to File/Prosecute a Claim; Litigation & Negotiation Tactics
    14 Topics
  20. 19. Lawyer’s Duties to the Tribunal
    10 Topics
  21. 20. Duties of a Prosecutor; Limits on Trial Publicity
    12 Topics
  22. 21. Solicitation & Marketing: Constitutional & Ethical Issues
    18 Topics
  23. 22. Law Firm Administration Issues
    8 Topics
  24. 23. Judicial Ethics
    35 Topics
  25. Course Wrap-Up
    What Did We Learn?
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All but one state requires that applicants pass a state bar examination.  Every state gives a bar examination.  The exam is 2-3 days and consists of a combination of questions that focus on state-specific issues and questions that focus on general principles of law.  This, of course, is in addition to the MPRE – which all states but two require.  Wisconsin is currently the only state that has what is called a diploma privilege. For those who graduate from law schools in Wisconsin, they do not have to take the bar examination. The state bar association in Iowa pressed for adoption of the diploma privilege in that state, arguing that it would assist law graduates by allowing them to immediately begin working after graduation instead of having to wait months until they get their bar exam results. In September 2014, after having hearings on the issue, the Iowa Supreme Court rejected the diploma privilege petition.   

The Uniform Bar Examination (UBE) is another issue that is currently gaining traction with states.  The UBE is the wave of the future. Currently it has been adopted by 35 jurisdictions (33 states and the District of Columbia and the U.S. Virgin Islands).  The states include: Alabama, Alaska, Arizona, Colorado, Connecticut, Idaho, Illinois, Iowa, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, West Virginia and Wyoming.  This list is constantly changing – with more and more states adopting the UBE.  For a description of the Uniform Bar Exam, see http://www.ncbex.org/multistate-tests/ube. The test consists of the MBE (multi-state multiple choice), six MEE’s (multi-state essays), two MPTs (multi-state performance test), and possibly state specific essays/multiple-choice questions.  The key benefit is that the UBE score is portable between UBE states.  That means that states that accept the UBE will accept the Multi-state portion of the exam (so you do not have to retake it) – requiring you only to take any state-specific portion of the exam.  If the state does not adopt a state-specific section, then all you have to do is to submit your scores and pass the character and fitness standard.  It is important to note, however, thatUBE states each have different time limits for accepting the UBE score.  For example, the maximum age of a UBE score that Alabama will accept is twenty-five months, while in Nebraska it is sixty months.[1]


[1] Everything you could want to know about the UBE is available at the UBE website: http://www.ncbex.org/exams/ube/