Chapter 9 Why do Lawyers Have Special Privileges

Chapter 9 Why do Lawyers Have Special Privileges and Responsibilities?

Question 9 -1 True or False: Law school training ensures that most lawyers are competent providers of legal services.

Question 9 -2 True or False: People without law school training are unable to provide competent legal services.

Question 9 -3 True or False: Consumer protection requires that legal services providers graduate from law school.

Question 9 -4 True or False: The bar exam ensures that lawyers are competent to provide legal services.

Question 9 -5 True or False: People who have not passed the bar exam are unable to provide competent legal services.

Question 9 -6 True or False: Consumer protection requires that lawyers pass the bar exam.

Question 9 -7 True or False: The requirements of law school education and the bar exam together ensure that lawyers can provide competent legal services.

Question 9 -8 Truse or False: People who have not both graduated from law school and passed the bar exam cannot provide competent legal services.

Question 9 -9 True or False: Consumer protection requires that lawyers both graduate from law school and pass the bar exam.

Transcript Morning Session, Symposium: The Opportunity for Legal Education 59 Mercer L. Rev. 821 (2007)

Transcript Afternoon Session, Symposium: The Opportunity for Legal Education 59 Mercer L. Rev. 859 (2007)

Posting Monroe H. Freedman, On Teaching and Testing in Law School, to Legal Ethics Forum: The Purpose of Law School Classes? http: //www. legalethicsforum. com/blog/2006/10/the_purpose_of_. html (Oct. 11, 2006)

Article Society of American Law Teachers Statement on the Bar Exam 52 J. Legal Educ. 446 (2002)

Article Suzanne Darrow-Klienhaus, Response to the Society of American Law Teachers Statement on the Bar Exam 54 J. Legal Educ. 442 (2004)

Article Vijay Sekhon, Over-Education of American Lawyers: An Economic and Ethical Analysis of the Requirements for Practicing Law in the United States 14 Geo. Mason L. Rev. 769, 771 -788 (2007)

Question 9 -10 True or False: A required law school Professional Responsibility course ensures that lawyers are ethical providers of legal services.

Question 9 -11 People who have not passed a Professional Responsibility course cannot ethically provide legal services.

Question 9 -12 True or False: Consumer protection requires that legal services providers pass a Professional Responsibility course.

Question 9 -13 The MPRE ensures that most lawyers are ethical providers of legal services.

Question 9 -14 People who have not passed the MPRE cannot ethically provide legal services.

Question 9 -15 Consumer protection requires that legal services providers pass the MPRE.

Question 9 -16 A law graduate who has failed to repay student loans should be admitted to the bar.

Question 9 -17 A law graduate with a prior conviction for selling marijuana should be admitted to practice law.

Question 9 -18 A law graduate who served a sentence for manslaughter before beginning law school should be admitted to the bar.

Question 9 -19 An adulterer should be admitted to the bar.

Question 9 -20 An alcoholic should be admitted to the bar.

Question 9 -21 A Nazi should be admitted to the bar.

Question 9 -22 The character and fitness requirement ensures that lawyers are ethical providers of legal services.

Question 9 -23 True or False: People who do not pass the character and fitness requirement are not ethical providers of legal services.

Question 9 -24 True or False: Consumer protection requires that legal services providers pass a character and fitness test.

Question 9 -25 Consumer protection requires that legal services providers: ***

Article National Conference of Bar Examiners, Description of the MPRE http: //www. mcbex. org/multistate-tests/mpre-faqs/description 0/

Article Deborah L. Rhode, Ethics by the Pervasive Method 42 J. Legal Educ. 31, 40 -41 (1992)

Article Cait Murphy, “Yale’s Markovits Redefines 21 st Century Legal Ethics, ” Interview with Daniel Markovits, Professor, Yale Law School Mod. Ethical Law, http: //modernethicallawyer. com/feature-stories/yalesmarkovits-redefines-21 st-century-legal-ethics

Article Cait Murphy, “Stanford’s Rhode Legal Ethics Rock Star, ” Interview with Deborah Rhode, Professor, Stanford Law School Mod. Ethical Law, http: //modernethicallawyer. com/feature-stories/stanfords -rhode-legal-ethics-rock-star

Article Deborah L. Rhode, Moral Character as a Professional Credential 94 Yale L. J. 491 (1985)

Article James C. Gallagher, Drugs, Alcohol, Mental Health, and the Vermont Lawyer Vt. Bar J. & L. Dig. , Spring 2006, at 5.

Decision of Inquiry of the Committee on Character and Fitness of the Supreme Court of Illinois for the Third Appellate District * * * In the Matter of: the Application for Admission to the Bar of Matthew F. Hale Decision of Inquiry Panel (1998), aff’d, Committee on Character and Fitness of Illinois for the Third Judicial District (1999), aff’d, 723 N. E. 2 d 206 (Ill. , 1999)

Article Richard L. Sloane, Note, Barbarian at the Gates: Revisiting the Case of Matthew F. Hale to Reaffirm that Character and Fitness Evaluations Appropriate to Preclude Racists from the Practice of Law 15 Geo. J. Legal Ethics 397, 425 (2002)

Question 9 -26 True or False: According to professionalism, lawyer discipline functions adequately only if lawyers snitch on each other.

Question 9 -27 True or False: The snitch rule works at law school because almost all students inform the law school administration when they believe that another student has cheated.

Question 9 -28 True or False: Lawyers reliably report disciplinary violations by other lawyers.

Question 9 -29 The Arkansas disciplinary regulators received a complaint that William Jefferson Clinton: 1) provided false, misleading, and evasive deposition answers; 2) intentionally provided false testimony regarding sexual relations with Lewinsky; and 3) had misled the American people in a televised address regarding plaintiff's lawyers' questions. If true, what sanction should President Clinton have received?

Question 9 -30 True or False: The disciplinary system protects consumers from legal services providers who are either incompetent or unethical.

Article Timothy K. Mc. Pike & Mark I. Harrison, The True Story on Lawyer Discipline 70 A. B. A. J. , Sept. 1984, at 92

Neal v. Clinton 2001 WL 34355768 (Ark. Cir. 2001)

Article Patrick J. Schiltz, Legal Ethics in Decline: The Elite Law Firm, The Elite Law School, and the Moral Formation of the Novice Attorney 82 Minn. L. Rev. 705 (1998)

Article Tanina Rostain, Ethics Lost: Limitations of Current Approaches to Lawyer Regulation 71 S. Cal. L. Rev. 1273 (1998)

Article Richard W. Painter, Rules Lawyers Play By 76 N. Y. U. L. Rev. 665, 739 (2001)

Article HALT, 2006 Lawyer Discipline Report Card http: //www. halt. org/news-a-publications/report-cards/2006 -lawyer-discipline-reportcard

Question 9 -31 Who should provide legal services?

Question 9 -32 Should multidisciplinary practice be permitted?

Article American Bar Association Commission on Professionalism, “. . . In the Spirit of Public Service: ” A Blueprint for the Rekindling of Lawyer Professionalism 112 F. R. D. 243, 301 (1986)

Posting Larry Ribstein, Is Lawyer Licensing Really Necessary? , to Ideoblog http: //busmovie. typepad. com/ideoblog/2006/05/is_lawyer_licen. html (May 6, 2006)

Article Jonathan B. Wilson, Is Lawyer Licensing Necessary? , Pointof. Law. com http: //www. pointoflaw. com/feature/archives/2006/05/is-lawyer-licen-1. php (May 19, 2006)

Article Larry Ribstein, Final Thoughts on Lawyer Licensing, Pointof. Law. com http: //www. pointoflaw. com/feature/archives/2006/05/final-thoughts. php (May 25, 2006)

Article Written Remarks of Lawrence J. Fox, You’ve Got the Soul of the Profession in Your Hands http: //www. americanbar. org/groups/professional_responsibility/commission _multidisciplinary_practice/fox 1. html

Article John S. Dzienkowski & Robert J. Peroni, Multidisciplinary Practice and the American Legal Profession: A Market Approach to Regulating the Delivery of Legal Services in the Twenty-First Century 69 Fordham L. Rev. 83 (2000)

Article Paul D. Paton, Multidisciplinary Practice Redux: Globalization, Core Values and Reviving the MDP Debate in America 78 Fordham L. Rev. 2193 (2010)

Question 9 -33 Should Pro Bono service be mandatory for law students?

Question 9 -34 Should Pro Bono service be mandatory for lawyers?

Model Rule 6. 1 Voluntary Pro Bono Publico Service URL: http: //www. americanbar. org/content/aba/groups/professional_responsibility/publica tions/model_rules_of_professional_conduct/rule_6_1_voluntary_pro_bono_publico_ service. html

Article Deborah L. Rhode, Cultures of Commitment: Pro Bono for Lawyers and Students 67 Fordham L. Rev. 2415 (1999)

Article Heather Mac. Donald, What Good is Pro Bono? 10 City J. Spring, 2000, at 14

Question 9 -35 Should the Rules mandate equal opportunity?

Article Am. Bar Ass’n Presidential Initiative Comm’n on Diversity, 2010 ABA Study of the State of Diversity in the Legal Profession

Article Nicole Lancia, Note New Rule, New York: A Bifocal Approach to Discipline and Discrimination 22 Geo. J. Legal Ethics 949 (2009)

Article Akshat Tewary, Legal Ethics as a Means to Address the Problem of Elite Law Firm Nondiversity 12 Asian L. J. 1 (2005)

Question 9 -36 Legal practice is a: ***