Readings for 24 April 2012

For our final class on lawyer communications, please read:

Bates v. State Bar of Arizona, 433 U.S. 350 (1977);

Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626 (1985);

Shapero v. Kentucky Bar Association, 486 U.S. 466 (1988).

Review Session

Our class review will be Monday 30 April at 7.30.

For April 17

Please read:

ABA Formal Opinion 11-461

For 10 April

Please read:

Parker v. Pepsi-Cola Bottlers 249 F.Supp.2d 1006 (N.D.Ill. 2005)

ABA Formal Op. 92-362

26 March 2012

For this class please read KRPC 1.8, 2.1,2.2,2.3,3.1,3.2 and comments to all of these rules.

6 March 2012 Class Cancelled

Because of the flu I will not teach on 6 March. I expect to be back to teach next week, 13 March 2012. Please review KRPC 1.7, 1.9, ad 1.10 for that class.

Midterm grades:

2343 46

3484 50

2504 50

2574 45

1160 50

3351 43.5

2266 46

5024 46

3365 42

3400 50

4233 40.5

3155 47.5

1713 50

1909 47.5

8748 45.5

3421 50

2119 50

3645 50

3302 50

8395 47.5

2462 49

7019 50

1643 50

2364 47.5

3505 38

3789 47.5

2714 36.5

1195 46.5

3561 50

1944 50

8015 50

4219 47.5

3743 46.5

9671 50

1286 50

2252 50

Readings for 14 February 2012

Please read:

KRPC 1.5

MRPC 4-1.5

Columbus Bar Assoc. v. Brooks, 721 N.E.2d 23 (Ohio 1999)

ABA Formal Op. 97-379

ABA Formal Op. 00-420

In Re Cooperman, 633 N.E.2d 1069 (N.Y. 1994)

In re Fordham, 668 N.E.2d 816 (Mass. 1996)

In re Hanna, 362 S.E.2d 632 (S.C.1987)

In re Green, 11 P.3d 1078 (Colo.2000)

In re Myers, 127 P.3d 325 (Kan. 2006)

Readings for 7 February 2012

Please read:

D"Alession v. Gilberg, 617 N.Y.S.2d 484 (N.Y. App. Div. 1994)

Al Odah v. U.S. 346 F.Supp.2d 1 (D.D.C. 2004)

Online Sources for PR

The KU Law LIbrary prepared the following list of sources for PR:

Official Websites

http://www.law.cornell.edu/ethics http://www.abajournal.com/topic/legal+ethics http://www.americanbar.org/groups/professional_responsibility.html http://www.aprl.net/

http://nobc.org/ http://www.ncsconline.org/projects_Initiatives/PTC/index.htm http://www.hg.org/practic.html

Law Schools

http://law.fordham.edu/louis-stein-center-for-law-and-ethics/stein.htm http://law.hofstra.edu/home/index.html http://professionalism.law.sc.edu/ http://www.cardozo.yu.edu/MemberContentDisplay.aspx?ccmd=ContentDisplay&ucmd=UserDisplay&u serid=10396

http://www.cooley.edu/ethics/about.html http://www.law.georgetown.edu/legalprofession/ http://www.law.harvard.edu/programs/plp/ http://www.law.mercer.edu/academics/clep http://www.law.miami.edu/ceps/ http://www.law.msu.edu/kelleyethics/ http://www.law.stanford.edu/program/centers/clp/ http://www.nyls.edu/centers/harlan_scholar_centers/center_for_professional_values_and_practice http://www.scu.edu/ethics/

http://www.stthomas.edu/hollorancenter/ http://www.uakron.edu/law/millerbecker/ http://www.usfca.edu/law/cle/

Unofficial Websites and Blogs

http://blogs.law.harvard.edu/ethicalesq/ http://bruceacampbell.com/category/legal-ethics/ http://cowgill.blogs.com/legalethics/ http://criminaldefense.homestead.com/ETHICS.html http://ethicsguru.blogspot.com/ http://judicialethicsforum.com/ http://lawprofessors.typepad.com/legal_profession/ethics/ http://www.ethicsandlawyering.com/ http://www.freivogelonconflicts.com/

http://www.legalethics.com/ http://www.legalethicsforum.com/ http://www.mgovg.com/ethics/ http://www.willhornsby.com/

State-Specific Websites

Alabama

Alabama Ethics Opinions Alabama Code of Professional Courtesy

Alaska

Alaska Rules of Professional Conduct Adopted Alaska Ethics Opinions

Arizona

Arizona Rules of Professional Conduct Arizona Ethics Opinions

Arkansas

Arkansas Rules of Professional Conduct Arkansas State Bar Ethics Opinions

California

California Ethics Home Page California Rules of Professional Conduct Statutes Related to Attorney Conduct California Ethics Opinions Los Angeles County Bar Association Ethics Opinions California Attorney Guidelines of Civility and Professionalism

Colorado

Colorado Rules of Professional Conduct Colorado Ethics Opinions Charles F. Luce on Ethics

Connecticut

Connecticut Rules of Professional Conduct Connecticut Ethics Opinions

Delaware

Delaware Rules of Professional Conduct Delaware Ethics Opinions

District of Columbia

D.C. Rules of Professional Conduct D.C. Ethics Opinions

Florida

Florida Rules Florida Ethics Opinions Florida Center for Professionalism Florida Ethics Newsletter Various Other Florida Links Sun Ethics (A Florida-centered ethics site)

Georgia

Georgia Model Rules of Professional Conduct Georgia State Disciplinary Board Advisory Opinions Supreme Court of Georgia Advisory Opinions

Hawaii

Hawaii Rules of Professional Conduct Hawaii Supreme Court Disciplinary Board Opinions Hawaii Rules for Arbitration of Fee Disputes

Idaho

Idaho Rules of Professional Conduct Idaho State Bar Ethics Opinions Idaho Civility Guidelines

Illinois

Illinois Rules of Professional Conduct

Indiana

Indiana Rules of Professional Conduct Indiana Ethics Opinions

Iowa

Iowa Rules of Professional Conduct Iowa Ethics Opinions

Kansas

Kansas Rules of Professional Conduct (pdf format)

Kentucky

Kentucky Rules of Professional Conduct Kentucky Ethics Opinions Kentucky Code of Professional Courtesy

Louisiana

Louisiana Rules of Professional Conduct Louisiana Code of Professionalism Louisiana Rules for Lawyer Disciplinary Enforcement (pdf file). LA Legal Ethics Blog

Maine

Maine Code of Professional Responsibility Maine Ethics Opinions Maryland Maryland Rules of Professional Conduct

Massachusetts

Massachusetts Rules of Professional Conduct Massachusetts Ethics Opinions Massachusetts Bar Association

Michigan

Michigan Rules of Professional Conduct Michigan Ethics Opinions

Minnesota

Minnesota Rules of Professional Conduct Opinions of the Lawyers Professional Responsibility Board

Mississippi

Mississippi Rules of Professional Conduct Mississippi Ethics Opinions

Missouri

Missouri Rules of Professional Conduct Missouri Ethics Opinions

Montana

Montana Rules of Professional Conduct and Related Links Montana Ethics Opinions

Nebraska

Nebraska Rules of Professional Conduct Nebraska Ethics Opinions

Nevada

Nevada's rules Nevada Ethics Opinions

New Hampshire

New Hampshire Ethics Opinions New Hampshire Rules of Professional Conduct

New Jersey

New Jersey Rules of Professional Conduct New Jersey Ethics Opinions

New Mexico

New Mexico Disciplinary Rules New Mexico Ethics Opinions

New York

New York ethics rules -- changing in early 2009, and so multiple sets are here. New York State Ethics Opinions New York County Ethics Opinions New York City Bar Association Ethics Opinions

North Carolina

North Carolina Rules of Professional Conduct North Carolina Ethics Opinions

North Dakota

North Dakota Rules North Dakota Ethics Opinions

Ohio

Ohio Code of Professional Responsibility Ohio Ethics Opinions from the Ohio Supreme Court Commission on Professionalism

Oklahoma

Oklahoma Rules of Professional Conduct Oklahoma Ethics Opinions

Oregon

Oregon Rules of Professional Conduct Oregon Ethics Opinions

Pennsylvania

Pennsylvania Rules of Professional Conduct (pdf) Philadelphia Bar Association Ethics Opinions Analysis of Pennsylvania's Rules

Rhode Island

Rhode Island Rules, as of April 2007 Rhode Island Ethics Opinions

South Carolina

South Carolina Rules of Professional Conduct South Carolina Ethics Opinions

South Dakota

South Dakota Rules of Professional Responsibility South Dakota Ethics Opinions

Tennessee

Tennessee Rules Tennessee Ethics Opinions

Texas

Texas Disciplinary Rules of Professional Conduct State Bar of Texas Advertising Review Committee's Interpretive Comments on Lawyer Advertising Texas Ethics Opinions Organized by Subject Texas Code of Judicial Conduct Texas Opinions on the Code of Judicial Conduct Texas Code of Judicial Conduct & Judicial Ethics Opinions Texas Center for Legal Ethics and Professionalism

Utah

Utah Rules of Professional Conduct Utah Ethics Opinions

Vermont

Vermont Rules of Professional Conduct Vermont Ethics Opinions

Virginia

Virginia Rules of Professional Conduct (pdf file). Virginia Bar Ethics Opinions Virginia Advertising Opinions

Washington

Washington Rules of Professional Conduct Washington Ethics Opinions

West Virginia

West Virginia Rules of Professional Conduct West Virginia Legal Ethics Opinions

Wisconsin

Wisconsin Rules Wisconsin Ethics Opinions

Wyoming

Wyoming Court Rules

For 24 January 2012

We will discuss the ethical issues relating to admission to the Bar during class. In preparation for this you should read: Keith Swisher, "The Troubling Rise of the Legal Profession's Good Moral Character, "82 ST. JOHNS L.REV. (2008); an electronic draft of the article is available at http://ssrn.com/abstract=1018546, although you may need to access this from the law library unless you have a password to ssrn. We will also begin to discuss KRPC 1.1-1.3. Please read thses rules and the comments thereto.

16 January 2012

Professional Responsibility

Spring 2012 Prof. M. Hoeflich

The class meets from 2.40-3.45pm on Tuesdays. Attendance is required. Under law school rules, you may not miss more than one class. If you do so without prior approval, you will be dropped from the course and will need to retake it during a different semester.

There is no casebook for the class. You will be able to find all of the readings outlines on the class blog, http://theethicalkslawyer.blogspot.com. We will focus on the Kansas Rules of professional Responsibility [KRPC] and the Missouri Rules of Professional Responsibility [MRPC]. The KRPC may ne found online at www.kscourts.org, the official website of the Kansas Supreme Court. Once you reach this page simply click on “court rules and forms” and then “rules of professional conduct.” For the MRPC go to www.courts.mo.gov. Then click on ‘attorney information” and then “ethics and discipline.

There will be a closed book midterm and final examination. The midterm will consist of 10 short answer questions. The final will consist of 20 multiple-choice questions. You will be expected to memorize the KRPC and MRPC [where different] rules as well as the comments to these rules that are assigned for both the midterm and final examination. The midterm will be worth fifty points. The final will be worth fifty points. You may receive up to five bonus points for class participation.

For Students with Disabilities

The KU School of Law works with the KU Office of Disability Resources to coordinate accommodations and services for students with disabilities. If you have a disability for which you wish to request classroom or exam accommodations, please contact Karen Hester, Academic Resources Director, telephone: 4-9008 at the beginning of the semester. The disability determination process can take time and accommodations may not be able to be implemented if requests are made late in the semester. To protect the anonymity of the student to the greatest extent possible, students should not contact other faculty members regarding disability accommodations.