Welcome!

Welcome to our community of professional responsibility teachers!  This web site provides teaching resources, ranging from syllabi and powerpoints to real time updates and videos.  The web site accompanies our casebook Professional Responsibility:  A Contemporary Approach (3d ed. 2017).   The Casebook uses the problem method and offers learning outcomes, multiple choice assessment questions, role plays and simulations, and an interactive online version that includes short audio lectures.  Please feel free to share your ideas and resources with our community of adopters.

You may review the Table of Contents here.

We look forward to getting to know you and working with you and our fellow adopters.

The Authors (Bruce A. Green, Peter A. Joy, Sung Hui Kim, Renee Newman Knake, Ellen Murphy, Russell G. Pearce & Laurel S. Terry)

 New Jersey Supreme Court seeks Comment on the Duty of Confidentiality and Wrongful Convictions

Charles Toutant of the New Jersey Law Journal reports: The New Jersey Supreme Court is seeking input on a proposed rule change that would  , if adopted, would change RPC 1.6 to create an exception to the duty to keep client information confidential if that information demonstrates that an innocent person was wrongly convicted of a crime with significant penal consequences. The judiciary is accepting written comments through June 26 on the proposal made public Wednesday. Click through below for a link to the report of the divided Committee.

Source: OTHERWISE: New Jersey Supreme Court seeks Comment on the Duty of Confidentiality and Wrongful Convictions

Toward the Abolition of Slavery under the Aegis of Islamic Law – The Comparative Jurist

Source: OTHERWISE: Toward the Abolition of Slavery under the Aegis of Islamic Law – The Comparative Jurist

Lawyers have long sought not only to clarify but to improve the law.  So it is with the three great Abrahamic monotheistic faiths – Judaism, Christianity, and Islam  They are religions of the book.  Scripture is a powerful command, but like the United States Constitution adherents and aspirants find themselves impaled on the products of the founding fathers contradictions. In U.S. law it is between the Enlightenment values of the slave-holding signers of  the Declaration of Independence and the protection  and acquiescence in racism and chattel slavery embedded in the Constitution of 1787.  Only Civil War could end it and even so the post civil war Second Founding was only a qualified success.
Similarly Christianity – a dissenters religion founded on lionization of the victim of an unjust execution has (at least since becoming the religion of empire in 314 AD.) tolerated war and capital punishment.  Only in the past few years has the Catechism of the Catholic Church abjured capital punishment.
Evidenced by the practices and justifications claimed by ISIS and Boko Haram  Bernard  Freamon argues that although freeing slaves is lauded in the Quran the practice – particularly in war – is not definitively abjured.   His objective is to spur Islamic scholars and lawyers to develop the foundation in Islamic law for complete abolition,  – GWC
Toward the Abolition of Slavery under the Aegis of Islamic Law – The Comparative Jurist William & Mary Law School
by Bernard Freamon (author of Possessed by the Right Hand, The Problem of Slavery in Islamic Law and Muslim Cultures)

Utah Advances the Conversation: Future of Lawyering to Include NonLawyers?

Source: OTHERWISE: Utah Advances the Conversation: Future of Lawyering to Include NonLawyers?

by Legal Ethics in Motion

The Utah Supreme Court recently posted its Standing Order 15 and proposed amendments to its Rules of Professional Conduct 5.4 (Professional Independence of a Lawyer) and 1.5 (Attorney Fees), which pave the way for  collaboration between lawyers and non-lawyers to both provide legal services and share revenue.
Utah Supreme Court Justice Constandinos “Deno” Himonas spoke to the ABA Journal and explained, “We are envisioning a combination of lawyer and tech people working together to use the platforms of the 21st century in providing legal services.” He also stated that the fundamental ethical duties, such as client confidentiality will be maintained.
Utah is proposing a regulatory sandbox so that its Supreme Court can maintain oversight of collaborative proposals. Justice Himonas noted that COVID-19 has further revealed the need for lower cost legal services and regulatory reform.
The Utah proposals are posted and open for comment for 90 days.
Stay tuned for what may become one of the most significant events in the U.S. legal profession’s history.

Message to SCOTUS: Maximize voting and public health – Wisconsin teaches us

 

Source: OTHERWISE: Message to SCOTUS: Maximize voting and public health – Wisconsin teaches us

by George W. Conk

When the United States Supreme Court, split along the familiar lines, reversing the courts below, ordered “Per Curiam” that Wisconsin voters who chose mail ballots must have them post-marked by midnight of election day, Tuesday, April 7, the usual alarms rang.  Defenders saw a ruling to maintain regular order and ballot integrity; critics saw a partisan effort to reduce voting and aid a Republican seeking to retain a state Supreme Court seat. Of course, neither an effort to save or gain a court seat should motivate the decision on how to conduct an election.

KEEP READING

 

DOJ Inspector General backs dismissed IG Atkinson

Source: OTHERWISE: DOJ Inspector General backs dismissed IG Atkinson

Complaints about the erosion of rule of law are so pervasive that it becomes like the drone note in a dirge.  But very so often someone usually quiet raises a voice.  Unfortunately it’s usually someone retired or who served in the ancien regime before the debacle.  So it was good to hear Michael Horowitz, who is both Chair of the `Council of the Inspectors General on Integrity and Efficiency’ (CIGIE) and the Inspector General at the Department of Justice speak of dismissed Inspector General Michael Atkinson.  Horowitz has put his own job on the line. – gwc
DOJ Inspector General backs dismissed IG Atkinson

Michael Atkinson, the Inspector General for the Intelligence Community: “Inspector General Atkinson is known throughout the Inspector General community for his integrity, professionalism, and commitment to the rule of law and independent oversight. That includes his actions in handling the Ukraine whistleblower complaint, which the then Acting Director of National Intelligence stated in congressional testimony was done “by the book” and consistent with the law…

Federal Defenders: 2d Circuit directs mediation re Bureau of Prisons obstructiveness of client access

Source: OTHERWISE: Federal Defenders: 2d Circuit directs mediation re Bureau of Prisons obstructiveness

2d Circuit judges John Walker, Barrington Parker, and Susan Carney write:
“the Federal Defenders have raised claims of the utmost gravity about the lawfulness of the BOP’s unilateral curtailment of pretrial detainees and others confined…a dramatic challenge is presented by COVID-19…The impact of this recent emergency on jail and prison inmates, their counsel (in the lead the Federal Defenders), the United States Attorneys, and the BOP,including the wardens and personnel…is just beginning to be felt.”
The Circuit panel directed the District Judge to appoint as a mediator “an individual with the stature, experience, and knowledge necessary to meditate this weighty dispute and ultimately facilitate the adoption of procedures for dealing with ongoing and future emergencies, including the COVID-19 outbreak.” – GWC See opinion  HERE