COURSE COVERAGE

The basic ethics seminar course covers a traditional ethics curriculum in a relatively traditional order. It begins with the client-lawyer relationship, proceeds through a lengthy analysis of the tension between the client-lawyer relationship and the lawyer's obligations to the justice system and society, and concludes with discussions of economic issues (billing, advertising and solicitation, legal services and pro bono work).

The course specifically addresses both bias and substance abuse in the profession, and has among its recurring themes the pressures faced by young law firm associates, the effect of a law firm's "culture" on the ability to practice ethically, and the tension between acting morally while remaining within the bounds of legal ethics.

Course coverage also focuses on several practice areas often unrecognized or minimized, which we find will directly impact working lives of many of our students. The most significant of these issues are:

  • the ethical dilemmas facing insurance defense counsel;
  • the difficult ethical tightropes walked by government attorneys, especially in city or county government;
  • the ethics and public policy issues involved when cases-and their underlying facts and discovery--are kept secret and nd thus shielded from public view;
  • ethical issues unique to mediation;
  • the ethical responsibilities of class counsel in class actions; and "electronic ethics" and the effect of the Internet on law practice.

A PRACTICAL, PROBLEM-DRIVEN APPROACH

Our thesis is that the rigor of a traditional ethics curriculum can be maintained through a practical, "real world" approach to ethics. Students are most engaged in the course when the material is accessible, so that they clearly understand how ethical issues apply in real life circumstances. Students are strongly encouraged to evaluate for themselves the inevitably strong relationship between ethical precepts and personal morality.

While some ethical problems have clear "black letter" answers, many do not. We emphasize those areas in which clearly established ethical precepts appear to conflict or simply don't exist. This teaches students the existing ethical precepts while pointing out the ethical gray areas, the dilemmas less susceptible to clear-cut answers-situations where it may not be clear what "doing the right thing" means.

Readings, videos, and guests. Emphasizing many readings from the popular and legal press in addition to law review and case excerpts helps makes the course accessible. So do guest speakers who talk about the realities of their own practice, and videotapes, invaluable dramatic tools.

The rules: We encourage students to think their way through an actual ethical dilemma, using the rules as tools to assist them. This means focusing on the ethical dilemma before turning to the applicable rules. We reason that teaching the rules first may teach what they say, but learning what they say is not learning what they mean. Accordingly, while we have created a problem-by-problem roster of applicable rules that may be handed out as a supplement to the course book, almost all of our teachers opt not to give these sheets to our own students.

This means teaching a course that does not emphasize passing the MPRE. Students, however, have found that they attain at least the same familiarity with the rules as they would from rules-driven courses. Professor Zitrin offers an optional half-day weekend MPRE session for all students who feel they would benefit from a practical exam review and prep.

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