Recap of prof. responsibility assignment 1 QUIZ THURS. 8/24 (COVERING INITIAL LECTURE AND THIS ASSIGNMENT)

Types of punishment for professional misconduct [1(b)] https://www.texasbar.com/Content/NavigationMenu/ForThePublic/ProblemswithanAttorney/GrievanceEthicsInfo1/MisconductPuni shment.htm Sanction: the level of discipline imposed against a respondent attorney (the attorney who is facing the disciplinary action.) Evidentiary panel or district court 11 factors considered:

factors Nature and degree of the professional misconduct Seriousness of and circumstances surrounding the professional misconduct Loss or damage to clients Damage to the profession Assurance that those who seek legal services in the future will be insulated from the type of professional misconduct Profit to the attorney

Factors cont’d Deterrent effect Maintenance of respect for the legal profession Conduct of the respondent during the course of the disciplinary proceeding Respondent’s disciplinary history

Types of sanctions Private Reprimand Least/ lowest level of discipline that can be given. Info about specific lawyer never made public or disclosed. There are limits… Ability to practice law not affected…kind of like a “warning.”

Types of sanctions Public Reprimand No consequence to the attorney’s ability to practice law Public “call out” Not available if: Second time lawyer violated the same disciplinary rule and already got a public reprimand w/in previous 5 years, or Any disciplinary rule and already got two public reprimands w/in previous 5 years

Types of sanctions Suspension (for a term) Panel or court determines how long During that length of time, attorney can’t practice law Gets in trouble if caught practicing (more discipline and/or contempt Once its over, lawyer can resume practice

Types of sanctions Fully (or Partially) Probated Suspension For a fixed term by panel/court But, lawyer allowed to keep practicing as long as conditions of probation are met, usually Payed restitution/damages Counseling Attend additional continuing legal education Attorney might loose this privilege if conditions are not met Partially means there is a combo of a full suspension followed by a period of probation

Types of sanctions Disbarment Most severe Lawyer loses law license completely Can petition for reinstatement after 5 years, but burden is on disbarred lawyer to show: Best interest of public and profession Best interest of justice Re-take and pass the Bar Exam Lawyers sometimes resign. Really, just to save face (think about resigning from a job instead of being fired.)

Ancillary sanctions In addition to any of the above, might also be required to: Make restitution Pay attorney’s fees Cover any other direct expenses arising from the discipline

Question II: Lawyer as a role differentiated position Lawyers inhabit their own “moral universe” which is sometimes in conflict with the morality of everyone else. On one side, considerations of clients, rules of conduct and on the other, moral considerations. Lawyers must essentially prefer the interests and desires of client over everyone else (other parties for example, or perhaps the wishes of superiors within the firm.) Thus, everything else is irrelevant. But then disciplinary rules require attorney to follow ethical guidelines. That’s where the problem arises. How to secure needs of client and operate within the bounds of ethical rules.

Question iii Model Rules adopted on 6/20/1989: This was on the left hand column of the link I sent you to the Model Rules.

Question iii Five roles of a lawyer Advisor Advocate Negotiator Intermediary Evaluator

Hypo A: Baker’s murderous client jake jones Rule 1.05: Generally, lawyers must keep all communications with client confidential. Rule 1.05 (e)

Hypo A: Baker’s murderous client jake jones First, don’t insert facts that aren’t there. All the hypo said was that Jones confessed to stabbing someone and he had the weapon. I did not tell you if Jones wanted help hiding evidence, etc. Model answer: Under these set of facts, Ronald Baker would be required to keep the confession confidential. In this particular case, the Rules do not impose a duty on him to disclose this information. Jones’s statement to Baker is about an event that already happened. Essentially, about a crime that is complete. Assuming no other facts, and assuming that Jones is not asking Baker to help him hide the knife or other evidence, it is unlikely the communication alone would result in future death or substantial bodily harm to a party.

Hypo c: the Lincoln lawyer Lincoln Lawyer volunteers on the Lawyer’s Assistance Program hotline. One day, Lawyer’s colleague, Hobin Rood, called the hotline and said he robbed a bank. Rood had a gambling addiction. He blew through his savings and needed the money for his student loan payment. Does Lawyer have an obligation to report that 1) Hobin Rood robbed the bank? 2) Hobin Rood’s gambling addiction? Explain fully. See Comments Texas Rule 8.03 (b) [also in my lecture notes]. Not required to disclose if statement is through an approved peer assistance program.

Create your own firm and write a Mission Statement This assignment will count as a Major Test/Project Grade (or 6 tickets per student, not per group.) Due Date: Sunday, 8-28-17 at 11:59 PM via email. You will also present in class on Monday, 8-28. Assignment must be submitted as a Microsoft Word Document, with names of all group members. For this assignment, you may choose your group. 3 or 4 members, but no more than 4. Or you may complete individually. By 6pm today, email me the names of all group members. This is 5 points of your overall grade.

instructions Create or establish a law firm that will be opening in El Paso, Texas. As a group decide what type of law you will practice. It cannot be a District Attorney’s Office or other government firm. It can be any other type of legal practice including criminal defense. This may require you to do some research to determine what type of firms are out there. Part I: Create a one page document that will be a description of your firm. This would be the information contained in the “About” section of a firms webpage. At minimum, your description must include the following information: When the firm was created/founded; Who the partners are and their background (where they went to law school); The practice area(s) your firm will handle

instructions Part II: Write at least a one-paragraph Mission Statement for your firm. This will be the vision or goal your firm wishes to accomplish. This is the statement around which you wish to build your firm’s culture or atmosphere. In writing this Mission Statement, you must include at least three ethical considerations or goals (from the Texas Rules of Professional Conduct.) You may include more. Think about how you would want younger associates to the firm or client to view your practice. Here are some questions to help guide you: What type of clients do you want to attract? What do you want your firm’s reputation to be? What kind of workplace/firm culture do you want to have? How do you want your associate attorneys to treat each other? How do you want them to treat clients? What ethical considerations will your firm value above all else?