Categories: Legal Profession

Instructor(s)

Kaiser, Aviva

Course Data

Room 3260
W 1:20pm-3:20pm

Pass/Fail: Yes

Course Description

This two-credit seminar, which satisfies the Professional Responsibilities requirement, will cover the Wisconsin Rules of Professional Conduct for Attorneys in a small-class setting that encourages discussion and exploration of the ethical practice of law.  Course Goals:   There are as many ways of teaching professional responsibilities as there are teachers. And there are almost as many goals!  The following are my major goals for the course: Knowledge of the Rules of Professional Conduct; You do not need to memorize the Rules, but you should have a working knowledge of them; Methods for analyzing the Rules; Some of the rules have significant policy implications, some are technical, and some will be both policy driven and technical.  We will not simply answer what the right result is, or what an appellate court would do with a certain dilemma.  We also will evaluate the risks to the lawyer.  To paraphrase Justice Holmes, the law may be what the courts do in fact, but the practice of law often requires a prediction about what the courts will do in fact.  To make that prediction, it is necessary to assess the degree of risk that the prediction (though reasonable) may turn out to be wrong, the consequences if it does turn out to be wrong, and the lawyers' tolerance for that risk. An understanding of Role Morality.  Will serving your clients competently and zealously require you to violate your personal morality in at least some instances?  Will your role alter your identity?  What kind of lawyer will you be?  Fundamentally, "legal ethics has more to do with moral thought that never leaves the lawyers office than with any form of official jurisprudence."  (David Luban.)  Course Methods: Discussion of short, hypothetical problems to explore and understand the Rules; Readings on current ethical issues; A review of ethical issues as they appear to the public from the news and various television shows. 

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