It's free and easy!

UserName:
Password:

Ethical Issues Facing Young Associates and Newly Admitted Lawyers

Instructor(s): David Hricik, Esq. David Hricik
Professor of Law, Mercer University
Cost: $160.00
Course Media Type: Text


Course accreditations:
 State   Total Credits   Ethics   Other Credit Types   Expires 
Arizona44N/AN/A
Other States: AZ, CA, CT, DC, HI, MD, MA, MI, MO, MT, NJ, ND, SD, WV


It is impossible to cover every ethical issue that faces newly licensed lawyers. But this course does cover many topics. It begins with an overview of the problems that face law school graduates who are asked to do “legal work” prior to being admitted to the bar, as well as problems that a lawyer who is licensed in one state encounters when he moves to a second state, where he is not licensed, and begins to “practice law.” Then it addresses the on-going confidentiality obligations that lawyers owe as a result of prior clerkships, non-lawyer employment, and the like. It surveys the likely causes of client dissatisfaction -- and happiness. It discusses the duties that confront an associate who has been asked to engage in questionable conduct. It discusses the duty of supervising nonlawyers. It discusses billing ethics. Along the way, it addresses a number of side and related issues. This course is intended to at least highlight many issues, and to provide a resource for actual research and investigation should an issue arise in your career.

Course Table of Contents

I.      Introduction

II.     The Benefits of Ethical Behavior: Keeping Clients, Maintaining Respect, Keeping Your License, and Making Money

III.    Some Pitfalls Before You Even Get Your License

IV.   Choice of Law: Passing the MPRE Means Only That You Know Rules Which Do Not Apply Anywhere

V.    The Unique Aspects of Duties Owed By Associates to Clients

A.      The Duty of Competency: Competency: How Can Young Lawyers be Competent When They Don't Know Much?

1.      The Rule Governing Competency
2.      The Comments On Competency
3.      Analysis and Cases on Young Lawyer Competency

a. Lack of Competency and Supervision
b. The Firm Tells You The Conduct is Appropriate, But You Know It's Not

B.      The Duty of Confidentiality

1.      Current Client Confidentiality

a. The Core Concepts: Broad Duty of Confidentiality with Limited Exceptions
b. Inadvertent Transmission of Confidences: How to Deliberately Avoid Inadvertence

2.      Former Client Confidentiality: Summer Clerkships?

C.      Confidentiality and the Fiction of Imputed Knowledge

VI.      The Relationship Between Associate and Firm: Associates are Probably Terrminable-at-Will, but They Owe Their Clients, and Maybe Even Their Firms, Fiduciary Duties

A.      Duties Associates Owe to Their Firms
B.      Duties Your Firm Owes You... A Short Section!

VII.     The Good and the Bad of Being a Supervised Lawyer

A.      The Rules and Their Comments
B.      Some Discussion of the "Supervised Lawyer" Exception
C.      Ethics 2000: What Changes Your Way May Come
D.      Comments and Questions About The Approaches

VIII.    What Makes Clients Happy or Sad

IX.      Supervising Nonlawyers

A.      The Rules and the Comments
B.      Analysis

1.      Confidentiality
2.      Unauthorized Practice of Law: Nonlawyer, or "Lawyer Lite?"

C.      Ethics 2000
D.      Comments and Questions About the Approaches

X.      Hourly Billing Issues: Money, Money Money....

A.      Introduction
B.      Selected Rules, Standards, and Law Governing Billing
C.      Inflatable Bills, But Sinking Associates

XI.      An Ethical Grab Bag

A.      Having Sex With a Client?
B.      Got a Lateral Job Interview?
C.      Covering Your Tail?
D.      "Moonlighting" or Providing "Free Advice" to Friends
E.      Got a Vague Employment contract?
F.      Defaulting on Your Student Loans?
G.      Padding Your Resume?
H.      Financially Responsible?


Check out our CLE Course Catalog and start earning CLE credit now.

If you have any questions, concerns or feedback, please feel free to Contact Us.