Categories: Legal Profession

Instructor(s) Pierce, Tim

This course reviews the ethical and professional responsibilities of lawyers as well as risk management considerations. The ABA Model Rules of Professional Conduct for Attorneys are emphasized with attention paid to the differences between Wisconsin's Rules and the ABA Model Rules. Topics include the independence and professional autonomy of lawyers, allocation of decision making authority between lawyer and client, conflicts of interest and ethics in advocacy before tribunals. The consequences of lawyer failure, i.e. discipline, disqualification and civil liability are also discussed.

Objectives. This class is designed to meet the following objectives:

a) Students should become familiar with the basics of the different areas of professional responsibility law (disciplinary rules, statutorily based sanctions, malpractice, statutes regulating lawyer conduct and common law) and how they relate to each other.

b) Students should become familiar with the ABA Model Rules and understand how to apply them to factual situations. Students should also understand how to research state based variations in disciplinary rules.

c) Students should learn to apply the important concepts in the law of professional responsibility to problems that arise in the day to day practice of law. This includes understanding what body of law applies in a specific situation and understanding how different bodies of professional responsibility law relate to each other in specific situations.

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