The Legal Profession
Schedule
This class has 39 scheduled days (denoted below as "Days"). However, per the schedule below, there will be no class on seven days. Students are encouraged to use this time to plan and discuss their group projects. The classroom component is divided into five Parts:
- Part I. Introduction (Days 1-4)
- Part II. Core Concepts and Duties of Professional Responsibility (Days 5-11)
- Part III. Professionalism within Specific Practice Settings (Days 12-27)
- Part IV. Intensive Case Study of Prosecutor Practice Setting (Days 28-30)
- Part V. Group Projects and Presentations (Days 31-39)
Part I: Introduction
- Day 1, Thursday, January. 15
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What is a Profession
- Day 2, Tuesday, January. 20
MR 5.5
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Stratification and Unauthorized Practice
- Elizabeth Chambliss, Regulation of Lawyers, in International Encyclopedia of the Social and Behavioral Sciences (Neil J. Smelser & Paul B. Baltes, eds., 2001)
- John P. Heinz & Edward O. Laumann, Chicago Lawyers: The Social Structure of the Bar (revised ed. 1994), pp. xv- xxii, 127-30, 134-36, 170-75.
- Unauthorized Practice of Law Committee. v. Parsons Technology (N.D. Tex. 1999)
- Jennifer Nijman & John Sheerin, Effectively Managing Environmental Matters: The Roles Of Attorneys And Consultants, Metropolitan Corp. Couns. (June, 2003)
- Day 3, Wednesday, January. 21
MR 1.18
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The Nature of the Attorney-Client Relationship
- Day 4, Monday, January 26
Group Project Day #1
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Attributes of the Successful Professional
- Janet Rae-DuPree, "If You’re Open to Growth, You Tend to Grow," New York Times, July, 6, 2008.
- William D. Henderson, Are We Selling Results or Resumes?, Working Paper (2008) (excerpt)
- Valuable Intellectual Traits, Society for Critical Thinking (June 1996).
- Randy Pausch, "The Last Lecture" (2008) (Ch. 14, Ch. 24, Ch. 26)
- Prologue (first 13 minutes only), "Ruining for the Rest of Us", THIS AMERICAN LIFE, Episode 370, Dec. 19, 2008 (prologue only, first 13 minutes)
- Tom Hentoff, "The Secrets of Superstar Associates," Litigation, Spring 2006.
- James C. Freund, Lawyering: A Realistic Guide to the Practice of Law (1979) (Ch. 1, Ch. 2.1-2.2, Ch 3.3, Ch. 4, Ch. 8)
- Mark Herrmann, "... From the Partner," Litigation (Fall 1998).
- Mark Herrmann, "The Curmudgeon's Guide to Practicing Law" (2006) (Foreword, Ch. 7, Ch. 10, Ch. 11)
Part II: Core Concepts and Duties of Professional Responsibility
- Day 5, Tuesday, January 27
MR 1.1, 1.3, 1.4, 8.4
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The duties of competence, diligence and communication
- Day 6, Wednesday, January 28
MR 1.2, 1.16
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The nature and extent of a lawyer’s control over the attorney-client relationship; termination of the attorney-client relationship
- Day 7, Monday, February 2
MR 1.6
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Confidentiality and Privilege I
- Day 8, Tuesday, February 3
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Confidentiality and Privilege II
- Day 9, Wednesday, February 4
MR 1.7, 1.8
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Concurrent Conflicts of Interest
- Day 10, Monday, February 9
MR 1.9(a)-(c)
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Lawyer-Client Conflicts; Successive Conflicts
- Day 11, Tuesday, February 10
MR 1.10, 1.9(b)
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Imputation of Conflicts
Part III. Professionalism Within Specific Practice Settings
- Day 12, Wednesday, February 11
MR. 1.5, 7.2
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Small & Solo Firms I: Plaintiffs’ Lawyers
- Heather Won Tesoriero & Peter Lattmann, "How a Tiny Law Firm Made Hay Out of Tainted Spinach, Wall Street Journal," Sept. 27, 2006.
- Spencer Aronfeld, "For Love or Money: The Challenge of Doing Good While Doing Well," Trial, Jan. 2002, at 67.
- Sara Parikh & Bryant Garth, Philip Corboy and the Construction of the Plaintiffs’ Personal Injury Bar, 26 L & Soc. Inquiry 269 (2005) (excerpt).
- Adam Liptak, "Edward’s Lawyerly Style Drew Fierce Foes and Fans," N.Y. Times, July 14, 2004, at A19.
- Nina Teicholz, "Heart Breaker," Gourmet, June 2004, at 100.
- Thursday, February 12,
Practice Setting Forum #3
MR 3.1, 3.2, 3.3, 3.4
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Plantiffs’ Side Trial Lawyers
Betsy Greene, Greene & Shultz (Bloomington, IN)
Richard Eynon, Eynon Law Group (Columbus, IN)
- Plaintiffs' Lawyer Ethics Problem [PDF]
- In re Stephens, 851 N.E.2d 1256 (Ind. 2006) (Stephens I)
- In re Stephens, 867 N.E.2d 148 (Ind. 2007) (Stephens II)
- Day 13, Monday, February 16
MR 1.13, 5.1, 5.2, 5.4, 8.3
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Large Law Firms I (Guest Speaker John Steele, Firm General Counsel, Fish & Richardson, Palo Alto, CA).
Optional journalistic accounts of Qualcomm controversy
- Day 14, Tuesday, February 17
MR 7.1, 7.2, 7.3, 7.4, 7.5
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Solo & Small Firms II
- Day 15, Wednesday, February 18
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Large Law Firms II
- Day 16, Monday, February 23
Group Project Day #2
MR 2.1
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Lawyers and Professional Judgment
Readings for the whole class:
- Charles T. Munger, "24 Causes of Human Misjudgment" (talk given at Harvard Law School, 1995)
[MP3]
- Charles T. Munger, "The Psychology of Human Misjudgment" (1995) (written version of talk; only needed for reference purposes as a supplement to the audio version)
- Michael Lewis, "The End", National Business News, Nov. 11, 2008.
Useful materials for the groups with this assignment:
- “The Reckoning” Series, New York Times.
- “The Giant Pool of Money,” This American Life, episode 355, May 9, 2008.
- “Another Frightening Show about the Economy,” This American Life, episode 365, Oct. 3, 2008.
- The Subprime Primer, online slideshow.
- Day 17, Tuesday, February 24
Group Project Day #3
MR 6.1(b)
-
Tort Reform in the State of Midland
Readings for the whole class:
Useful readings for groups with this assignment:
- The Impact of Judicial Reforms on Economic Activity in Texas, prepared for the Citizens for a Sound Economy (2000)
- American Tort Reform Association, “How Tort Reforms Works”,
- Stephen Daniels & Joanne Martin, Alive and Well (Maybe) in Texas: Plaintiffs’ Practice in the Age of Tort Reform, 51 New York Law School Law Review 286 (2007).
- Bernard S. Black, et al., Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1988-2002, 2 Journal of Empirical Legal Studies 207 (2005)
- Stephen Daniels & Joanne Martin, The Strange Success of Tort Reform, 53 Emory Law Journal 1225 (2004)
- Stephen Daniels & Joanne Martin, It Was the Best of Times, It Was the Worst of Times: The Precarious Nature of Plaintiffs’ Practice in Texas, 80 Texas Law Review 1781 (2002)
- Stephen Daniels & Joanne Martin, The Texas Two-Step: Evidence on the Link Between Damage Caps and the Access to the Civil Justice System, 55 DePaul L. Rev. 635 (2005)
- Day 18, Wednesday, February 25
MR 1.13
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In-House Counsel
- Thursday, February 26
Practice Setting Forum #4
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In-House Counsel
David Milne, Chief Legal Office, Steak & Shake
Wayne Harris, General Counsel, ACES Power Marketing
- In-House Lawyer Ethics Problem [PDF]
- Day 19, Monday, March 2
MR 1.2(b), 1.7(a)(2), 6.1(a), 6.5
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Public Interest I: Introduction to Cause Lawyering & The Lawyer-Client Dyad
- Stuart A. Scheingold & Austin Sarat, Something to Believe in: Politics, Professionalism, and Cause Lawyering ch. 1 (2004) (excerpt comparing cause lawyering to conventional lawyering)
- Clyde Spillenger, "Ellusive Advocate: Reconsidering Brandeis as People’s Lawyer," in Lawyer’s Ethics and the Pursuit of Social Justice 72 -78 (Susan D. Carle, ed., 2005)
- NALP Bulletin, New Findings on Salaries for Public Interest Attorneys (Sept. 2008)
- Robert D. Dinerstein, "Client-Centered Counseling: Reappraisal and Refinement," in Lawyer’s Ethics and the Pursuit of Social Justice 151-56 (Susan D. Carle, ed., 2005)
- Binny Miller, "Give Them Back Their Lives: Recognizing Client Narrative in Case Theory,' in Lawyer’s Ethics and the Pursuit of Social Justice 169-180 (Susan D. Carle, ed., 2005)
- Michele S. Jacobs, "People from the Footnotes: The Missing Element in Client-Centered Counseling," in Lawyer’s Ethics and the Pursuit of Social Justice 181-86 (Susan D. Carle, ed., 2005)
- Day 20, Tuesday, March 3
MR 2.1
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Public Interest II: The Lawyer-Client-Cause Triad
- Day 21, Wednesday, March. 4
Group Project Day #4
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Readings for class and group assignment
- Day 22, Monday, March 9
MR 1.7, 1.12, 2.4
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Family Law and Collaborative Lawyering (Guest Speaker Diane Mercer, Peace Talks Mediation Services, Inc., Los Angeles, CA)
- Lynn Mather, Craig A. McEwen, & Richard J. Maiman, Divorce Lawyers at Work: Varieties of Professionalism in Practice ch. 2 (Oxford 2001) (case study of New England divorce lawyers).
- John Leland, "In Housing Fall, Breaking Up is Harder to Do," New York Times, Dec. 30, 2008.
- Open Letter from a Divorce Lawyer
- Robert Benjamin, "The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving" (2009)
- Diane Mercer, "Marketing Strategy: Drilling Down" (2008)
- Day 23, Tuesday, March 10
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- Marvin E. Frankel, The Adversary Judge: The Experience of the Trial Judge, in JUDGES ON JUDGING: VIEW FROM THE BENCH ch. 4 (David M. O’Brien, ed., 2009)
- Alex Kozinski, What I Ate for Breakfast and Other Mysteries of Judicial Decision Making, in JUDGES ON JUDGING: VIEW FROM THE BENCH ch. 5 (David M. O’Brien, ed., 2009)
- ABA Judicial Qualification Project, Taking Disqualification Seriously, 92 JUDICATURE 12-17 (2008).
- ABA Model Rules on Judicial Conduct, Rule 2.11 and comments
- Day 24, Wednesday, March 11
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No Class – Students encourage to use this scheduled time to plan group projects
- Wednesday, March 11
Practice Setting Forum #5
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Trial and Appellate Judges
Chief Judge John G. Baker, Indiana Court of Appeals
Judge Mary Ellen Diekhoff, Monroe County Circuit Court
- March 16-20
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Spring Break
- Day 25, Monday, March 23
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No Class – Students encourage to use this scheduled time to plan group projects
- Day 26, Tuesday, March 24
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The Legal System in India (Guest Speaker C. Raj Kumar, Founding Dean of the Jindal Global Law School, New Delhi India)
- Day 27, Wed., March 25
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No Class – Students encourage to use this scheduled time to plan group projects
Part IV. Intensive Case Study of Prosecutors Practice Setting
- Day 28, Monday, March 30
MR 3.3, 3.4, 3.8
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The Detroit Sleeper Cell case (Guest Speaker, Petra Bartosiewicz, author and journalist)
- Day 29, Tuesday, March 31
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Henderson AM & Geyh Sections:
The Social Norms of the Criminal Justice System (Class discussion moderated by Petra Bartosiewicz)
Henderson PM & Robel Sections:
No Class – Students encourage to use this scheduled time to plan group projects
- Day 30, Wednesday, April 1
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Henderson PM & Robel Sections:
The Social Norms of the Criminal Justice System (Class discussion moderated by Petra Bartosiewicz)
Henderson AM & Geyh Sections:
No Class – Students encourage to use this scheduled time to plan group projects
- Thursday, April 2
Practice Setting Forum #6
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Prosecutors, Public Defenders, and Criminal Defense Attorneys
Guest Speakers TBA
Part V. Group Projects and Presentations
- Day 31, Monday, April 6
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No Class – Students encourage to use this scheduled time to plan group projects
- Day 32, Tuesday, April 7
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No Class – Students encourage to use this scheduled time to plan group projects
- Day 33, Wednesday, April 8
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No Class – Students encourage to use this scheduled time to plan group projects
- Day 34, Mon., April 13
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Group Presentations, Problem A
- Day 35, Tuesday, April 14
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Group Presentations, Problem B
- Day 36, Wednesday, April 15
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Group Presentations, Problem C
- Day 37, Monday, April 20
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Presentation of Lawyers Profiles, Session 1
- Day 38, Tuesday, April 21
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Presentation of Lawyer Profiles, Session 2
- Day 39, Wednesday, April 22
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Discussion of Lawyer Profiles
Indiana University Maurer School of Law is accredited by the American Bar Association
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