Ethical Lawyering Prof. Paul T. Hayden Spring 2007

What makes a profession? Practice requires substantial intellectual training and the use of complex judgments Clients must trust professionals, since they cannot evaluate their work Self-interest sublimated to clients’ interests and the public good It is self-regulating

Sources of Regulation of Lawyers Rules of Professional Conduct (disciplinary rules) Ethics Opinions (interpreting disciplinary rules) “Other law”

Sanctions for rule violations Disbarment Suspension Public reprimand (AKA censure) Private reprimand (AKA admonition) Probation (can be used in conjunction with any of the above)

Sources of Regulation of Lawyers Rules of Professional Conduct (disciplinary rules) Ethics Opinions (interpreting disciplinary rules) “Other law”

Legal education and bar admission A.Evolution of legal education in the U.S. B.The bar exam C.Character and fitness certification D.Admission without passing the bar exam

The Unauthorized Practice of Law Two types: (1)Practice of law by non-lawyers (2)Practice of law in one state by lawyers admitted in another state