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)
The winners have been selected for the tenth annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility.
This year’s co-winners are Michael Moffitt, Settlement Malpractice, 86 U. Chi. L. Rev. 1825 (2019), and Jessica A. Roth, The “New” District Court Activism in Criminal Justice Reform, 74 N.Y.U. Ann. Surv. Am. L. 277 (2019).
The award will be presented at the AALS Annual Meeting in Washington, D.C., in January.
Don’t we all face this problem?
By Dahlia Lithwick Slate
“It is not my job to decide if Brett Kavanaugh is guilty. It’s impossible for me to do so with incomplete information, and with no process for testing competing facts. But it’s certainly not my job to exonerate him because it’s good for his career, or for mine, or for the future of an independent judiciary. Picking up an oar to help America get over its sins without allowing for truth, apology, or reconciliation has not generally been good for the pursuit of justice. Our attempts to get over CIA torture policies or the Iraq war or anything else don’t bring us closer to truth and reconciliation. They just make it feel better—until they do not. And we have all spent far too much of the past three years trying to tell ourselves that everything is OK when it most certainly is not normal, not OK, and not worth getting over.”
Source: OTHERWISE: I’ve not gotten over Brett Kavanaugh ~ Dahlia Lithwick ~Slate
The New Jersey legal community has been roiled by an unpublished – but binding – Appellate Division decision that barred enforcement of the mandatory arbitration provision of a prominent firm’s standard retainer agreement.
In Delaney v. Dickey and Sills Cummis & Gross, P.C., 2019 WL 3982756, a legal malpractice action, plaintiff Brian Delaney claims the retainer agreement used by defendants violated several RPCs and therefore its provision to arbitrate all disputes arising from the representation should not be enforced. The Chancery Division judge rejected the argument but a three judge panel reversed. Sills has now appealed to the state’s Supreme Court, and Delaney’s lawyer agrees the Court should grant certification….
Source: OTHERWISE: Arbitration clause in legal malpractice claim barred by New Jersey appellate court
The former (GW Bush administration) Inspector General of the National Security Agency on the vulnerability of the lawyers who mis-classifie…
Source: OTHERWISE: Former NSA Inspector General Sees lawyers’ misconduct in reclassifying Trump phone call records
Source: OTHERWISE: Lawyer’s Use of Internet Search Engine Keyword Advertising OK’d by New Jersey Supreme Court’s Advisory Committee on Professional Ethics
The New Jersey Supreme Court’s Advisory Committee on Professional Ethics (ACPE) has issued a binding Opinion 735 Lawyer’s Use of Internet Search Engine Keyword Advertising
The Committee- whose published opinions bind the bar – subject to discretionary appeal – responded to an inquiry: “asking whether a lawyer may, consistent with the rules governing attorney ethics, purchase a Google Adword℠ or keyword that is a competitor lawyer’s name, in order to display the lawyer’s own law firm website in the search results when a person searches for the competitor lawyer by name. Internet search engine advertising programs permit businesses to purchase certain keywords or phrases; when a person searching on the internet uses those words in the search, the websites of purchasers of the keywords will appear in the search results, ordinarily presented as paid or “sponsored” ads.” The ACPE found that acceptable but abjured any method that would surreptitiously direct an inquirer from the competitor’s website to the lawyer’s own site.
Knowing that this story will soon disappear from Twitter and the headlines I have gathered key documents, etc. with fall classes in mind. My suggested question for discussion is “Would you have argued – if your DOJ boss insisted – that soap was not required under the settlement agreement calling for minor immigrants to be detained in “safe and sanitary” facilities?” Click through for the full post. -gwc
Source: OTHERWISE: Safe and sanitary – the limits of advocacy
The United States appealed the order of District Court Judge Dolly M. Geer enforcing a settlement agreement in the Florio v. Meese/[Barr] class action regarding aliens conditions of confinement in which, as the government now notoriously argued in its brief
The court also rejected Defendants’ argument that “soap, towels, showers, dry clothing, or toothbrushes” are not required under the Agreement because the Agreement makes no mention of those items.
The news has been full of debate about the unwillingness of DOJ attorney Sharon Fabian to concede at oral argument before the Court of Appeals in San Francisco that soap, toothbrushes, and beds are necessities implied by the term “facilities that are safe and sanitary” in the 1994 settlement agreement
between the U.S. and the Florio class of detained minor immigrants.