Exercises and Problems in Professional Responsibility

The practical implications of acting ethically are brought to light through powerful simulations and exercises, leading students through two case files, one civil and one criminal, in which they are subject to disciplinary hearings.
Publisher: NITA
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ISBN: 9781556816444
Publisher: NITA
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The practical implications of acting ethically are brought to light through powerful simulations and exercises in this potent text. Students are led through two case files, one civil and one criminal, in which they are subject to disciplinary hearings.

The detailed Teacher's Manual contains full discussions of the exercises and problems, model syllabi, scripts, and other teaching aids. These materials may be used independently, or coordinated with Problems and Materials in Evidence and Trial Advocacy for a fully integrated program created by authors Steve Lubet, Robert Burns, and Thomas Geraghty.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com .

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Table of Contents

Contents

Introduction

The Joe Mitchell Murder Case

The Jesse MacIntyre Slander Case

Exercises
1. Client Counseling
2. Loyalty and Its Limits
3. Duties to Client and Court in the Presentation of Testimony
4. Distribution of Authority Between Client and Lawyer
5. Investigation, Discovery, and Contacts with Witnesses
6. Fruits and Instrumentalities and Other Problems of Discovery
7. Negotiation
8. Cross-Examination: Impeachment
9. Cross-Examination: The Truthful Witness
10. Character and Fitness
11. Character and Fitness Deliberations
12. The Ethics and Law of Closing Argument
13. Conflicts of Interest: Civil
14. Conflicts of Interest: Criminal

Problems
A. Client Counseling
B. Presentation of Testimony
C. Distribution of Authority
D. Investigation, Discovery, and Contacts with Witnesses
E. Negotiation
F. Fees and Client Property
G. Cross-Examination
H. In-Court Behavior
I. Confidentiality
J. Conflicts of Interest: Civil
K. Advertising and Solicitation
L. Speaking to the Press
M. The Duty to Report Misconduct
N. Conflicts of Interest: Criminal
O. Judicial Ethics

October 4, 2010