Legal Ethics with Professor Milles: Recent Episodes
James Milles
Lectures for LAW 564 Legal Ethics, Spring 2021, University at Buffalo School of Law. Listen to these lectures prior to the classes for the week.
Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law
Rules 7.1, 7.2, and 7.3: advertising and solicitation
Non-lawyer ownership of law firms
Chapter 12: Lawyers’ Duties to Adversaries and Third Persons, pp. 736-764.
- Problem 12-5: The Prosecutor’s Masquerade, pp. 746-747.
April 14, 2021: Chapter 12: Lawyers’ Duties to Adversaries and Third Persons, pp. 703-736.
Rules 4.1, 4.2, 4.3, 4.4
- Rule 3.3: Candor toward the Tribunal (duty to disclose adverse legal authority)
- Rule 3.5: Impartiality and Decorum of the Tribunal (improper influences on judges and jurors)
- Rule 3.6: Trial Publicity
- Rule 3.7: Lawyer as Witness
- Problem 11-9: A Letter to the Editor, pp. 689-690.
Chapter 11: Lawyers’ Duties to Courts, pp. 639-675, especially pp. 639-644, 646-671.
- Problem 11-7: Child Pornography, p. 662.
Chapter 11: Lawyers’ Duties to Courts, pp. 613-638
- NYSBA Ethics Opinion 1214 (Frivolous argument; withdrawal)
- Problem 11-2: Flight from Sudan, Scene 1, pp. 631-633, and
- Problem 11-3: Flight from Sudan, Scene 2, pp. 637-638.
Chapter 10: Conflicts Issues for Government Lawyers and Judges, pp. 567-612, especially pp. 567-583, 596-609.
- Problem 10-1: The District Attorney, p. 581
Chapter 9: Conflicts Between Lawyers and Clients: Prohibited Fee Arrangements
- 2020 Amendments to Rule 1.8(e)
- Problem 9-3: An Impoverished Client, p. 535.
Chapter 9: Conflicts Between Lawyers and Clients: Unreasonable Fees, pp. 489-526.
- Problem 9-1: An Unreasonable Fee, p. 503
Chapter 8: Current Client Conflicts in Particular Practice Settings, pp. 454-489.
- Representing criminal defendants; Sixth Amendment
- Representing insurance companies
- Problem 8-7: Representing the McCarthys, pp. 472-474.
Chapter 8: Current Client Conflicts in Particular Practice Settings, pp. 439-454.
- Problem 8-2: "Don't Rock the Boat," p. 454
Chapter 7: Conflicts Involving Former Clients, pp. 393-438.
- ABA Formal Opinion 497 (2021): Conflicts Involving Materially Adverse Interests
- Problem 7-3: Toxic Waste, pp. 425-427.
Rule 1.9: Duties to Former Clients
Rule 1.10: Imputation of Conflicts of Interest
Rule 1.13: Organization as Client
Chapter 6: Conflicts of Interest: Current Clients, pp. 347-391.
- ABA Formal Ethics Opinion 492: Obligations to Prospective Clients: Confidentiality, Conflicts and “Significantly Harmful” Information
- Problem 6-1: Food Poisoning, pp. 372-374.
Rule 1.7: Conflict of Interest: Current Clients
Rule 1.10: Imputation of Conflicts of Interest: General Rule
Rule 1.18: Duties to Prospective Client
Confidentiality and attorney-client privilege compared
Elements of the privilege
Attorney-client privilege for corporations
The work product doctrine
Chapter 4: The Duty to Protect Confidences: Exceptions
- ABA Formal Opinion 496: Responding to Online Criticism
- Problem 4-6: Reese’s Leases, pp. 292-294.
Chapter 4: The Duty to Protect Confidences, pp. 239-269.
- Problems 4-1 and 4-2: The Buried Bodies, Scenes 1 and 2, pp. 258-264.
February 19, 2021: Week 4 Key Concepts
- Rule 1.16: Declining or Terminating Representation
- Rule 1.6: Confidentiality
Chapter 3: Relationships Between Lawyers and Clients; Lawyers’ Responsibilities as Agents; Who Calls the Shots?
- ABA Formal Opinion 491: Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings
- Problem 3-4: Vinyl Windows, pp. 220-221.
Chapter 3: Relationships Between Lawyers and Clients; Duties of Candor, and Communication, pp. 184-203.
- ABA Formal Opinion 491: Obligations Under Rule 1.2(d) to Avoid Counseling or Assisting in a Crime or Fraud in Non-Litigation Settings
- Problem 3-3: Torture, pp. 192-194.
Rule 1.3: Diligence
Rule 1.4: Communications
Rule 1.2: Scope of Representation and Allocation of Authority Between Client and Lawyer
Rule 1.14: Client with Diminished Capacity
Chapter 3: Relationships Between Lawyers and Clients; Formation of the Lawyer-Client Relationship; Duties of Competence and Diligence, pp. 151-184.
- Problem 3-1: The Washing Machine, pp. 169-170.
Chapter 2: The Legal Profession: Regulation, Discipline, and Liability, pp. 109-150, especially pp. 109-143.
- Problem 2-3: The Little Hearing, pp. 120-123.
Rule 8.3: Reporting Professional Misconduct
Rules 5.1, 5.2, and 5.3: responsibilities and liability of supervisory and subordinate lawyers
Competence, Malpractice, and Ineffective Assistance of Counsel
Formation of the lawyer-client relationship
Chapter 2: The Legal Profession: Regulation, Discipline, and Liability, pp. 65-109, especially pp. 81-109.
- Problem 2-1: The Dying Mother, pp. 97-98.
Introduction & Chapter 1: The Legal Profession: Bar Admission, History, and Diversity, pp. 1-64, especially pp. 4-12, 19-39.
- Diane Klein, What Law School Couldn’t Do for Josh Hawley and Ted Cruz, Dorf on Law (Jan. 19, 2021), http://www.dorfonlaw.org/2021/01/what-law-school-couldnt-do-for-josh.html
- Problem 1-1: Adderall, pp. 33-35.