Law of Lawyering

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Law of Lawyering
Fall 2007
Professor Longan

Required books

       Gillers, Regulation of Lawyers, 7th ed.
       Gillers & Simon, Rules Supplement

Class Procedures

        For each assignment, I will assign a group of students to take primary
responsibility for the discussion. Others are welcome and encouraged to participate.
Check the Course Assignments page before each class to determine whether you are part
of the assigned group for a particular day.

         I will take roll each day. Failure to attend at least 80% of the class hours will
result in a grade of 65, absent extraordinary circumstances. If you believe that your
attendance has been or will be affected by such circumstances, let me know as soon as
possible. There is no need to discuss with me the reason for your absence unless you will
fall short of the 80% standard. It is up to you to keep track of your absences.

        Please come to class on time. If you arrive late, enter the room with as little
disruption as possible. You are officially absent for any day on which you are late (so do
not sign the roll sheet). Signing the roll sheet on a day when you are late will be treated
as a violation of the Honor Code.

       Feel free to bring coffee or other drinks to class. You may not eat during class.
Turn off all cell phones unless you have alerted me to a particular situation that requires
you to keep the phone turned on.

        In recent years, there has been a trend of students using their computers in class to
surf the web, check e-mail, play games, send instant messages, and otherwise to “multi-
task.” Doing so is distracting to me and you classmates. You may use your computer
during class time only for taking notes.


        I am listing below the assignments for the course. I am listing for you the
assignments in the Gillers casebook and the primary Model Rules we will be discussing.
It is important that you also use the supplement to read any other Model Rule of
Professional Conduct that relates to the readings in Gillers. You should also read the
Comments that go with each Model Rule we discuss. I may also distribute some

supplemental materials. I am listing under each assignment the problems, cases, and
topics that will be the primary subjects we will discuss in class.

Exam and Grading

       Your exam is December 4, 2007 from 9 a.m. to noon. It will determine your
grade. I will make available to you my recent prior exams. You will be permitted to
bring ONLY your rulebook into the exam. You may write any notes you wish in the
rulebook, but you may not append any additional pages to it or obliterate any of the text
to make room for more notes.

Contact information

         My office is Room 315. I should be there all day on Mondays, Thursdays, and
Fridays, and I will frequently also be there on Tuesdays and Wednesdays. You are
welcome to come to my office at any time. You can also reach me by phone at 478-301-
2639 and by e-mail at I check both voicemail and e-mail

Reading Assignments

1.     The existence and termination of the attorney-client relationship, the duties of
       competence and confidentiality

       Gillers, 17-27, 85-88
       Rule 1.1
       Rule 1.6

       “My Client is HIV Positive”
       “All’s Not Well”
       Perez v. Kirk & Carrigan

2.     Confidentiality and privilege; exceptions to the privilege and ethical duty

       Gillers, 27-35, 45-56
       Rule 1.6

       “Slip and Fall”
       Upjohn v. United States

3.     Lawyer’s duties as agent and fiduciary; the duties of loyalty and diligence; the
       duties to inform and advise

       Gillers, 56-70

     Rule 1.3
     Rule 1.4
     Taylor v. Illinois
     Cotto v. United States
     Nichols v. Keller
     “In a Box”

4.   Autonomy of attorneys and clients

     Gillers, 71-85
     Rule 1.2
     Rule 1.14

     “Ms. Niceperson”
     “I Don’t Bargain”
     Jones v. Barnes
     “I’d Rather Die”
     “Accept the Offer”
     Olfe v. Gordon

5.   Communicating with another lawyer’s clients, civil matters

     Gillers, 89-101
     Rule 4.2 (note esp. Comment 7)

     “Slip and Fall Redux”
     Nieseg v. Team I

6.   Communicating with another lawyer’s clients, criminal cases, and improper
     acquisition of information

     Gillers, 101-118
     Rule 4.2
     Rule 4.4

     “The Sting”
     U.S. v. Hammad
     “Something You Should Know”
     The Misdirected Fax

7.   Concurrent conflicts of interest, part one, client-lawyer conflicts

     Gillers, 185-206
     Rule 1.7
     Rule 1.8

      Rule 1.10(a)

      “May the Lawyer Be Our Client?”
      Matter of Neville
      Gellman v. Hilal
      “The Client Says We Messed Up”

8.    Concurrent conflicts of interest, part two: criminal defense

      Gillers, 209-230
      Rule 1.7 (note especially comment 23)

      “Murder One, Murder Two”
      Cuyler v. Sullivan
      Wheat v. United States
      “Murder at the Ballgame”
      “Did Officer Schwartz Get Effective Assistance of Counsel?”

9.    Concurrent conflicts of interest, part three: client-client conflicts in civil cases

      Gillers, 238-264
      Rule 1.7

      “Will You Represent Us Both?”
      “May We Do Both Cases?”
      Fiandaca v. Cunningham
      Simpson v. James
      “What Kind of Consent?”

10.   Concurrent conflicts of interest, part four: the insurance triangle; advocate-witness

      Gillers, 264-273
      Rule 1.7
      Rule 1.2(c)
      Rule 3.7
      Rule 5.4(c)
      Rule 1.8(f)

      “The Insurer Would Want to Know”
      Public Service Mutual Ins. Co. v. Goldfarb

11.   Successive conflicts of interest, part one

      Gillers, 275-292
      Rule 1.9

      Rule 1.10

      “You Don’t Know Anything”
      Analytica, Inc. v. NPD Research
      “Do I Still Owe the Record Store?”
      “Divorce and Default”
      Like a Hot Potato

12.   Successive conflicts of interest, part two: migratory lawyers and government

      Gillers, 292-312
      Rule 1.9
      Rule 1.10
      Rule 1.11

      “Can We Hire This Guy?”
      Cromley v. Board of Education
      “Investigating Landlords”

13.   Real Evidence

      Gillers, 401-420
      Rule 3.4

      “Reliable Sources Say”
      “Vanity Ink”
      In Re Ryder
      People v. Meredith

14.   Negotiation and transactional matters, part one

      Gillers, 421-436
      Rule 4.1

      “The Bad Builder’s Good Lawyer”
      “The Case of the Complex Formula”
      Rubin v. Schottenstein, Zox & Dunn

15.   Negotiation and transactional matters, part two

      Gillers, 436-448
      Rule 4.3
      Rule 8.3

      Florida Bar v. Belleville

      Fire Insurance Exchange v. Bell
      Virzi v. Grand Trunk Warehouse

16.   Lawyers for entities, part one

      Gillers, 449-474
      Rule 1.13
      Rule 1.6

      Teckni-Plex v. Meyner & Landis
      Murphy & Demory v. Admiral Daniel Murphy

17.   Lawyers for entities, part two

      Gillers, 474-492
      Rule 1.13
      Rule 1.6

      Crews v. Buckman Labs

18.   Judicial ethics, part one: disqualification

      Gillers, 492-523
      Model Rule of Judicial Conduct 2.11

      “Conflicts in Bush v. Gore?”
      “The Clients of My Daughter Mean Nothing to Me”
      Liljeberg v. Health Services Acquisition Corp.

19.   Judicial ethics, part two: expressions of bias and other speech of judges

      Gillers, 523-533
      Model Rules of Judicial Conduct 2.3, 2.8, 2.10, 3.6, 4.1

20.   Free speech rights of lawyers, part one: comment on pending cases

      Gillers, 763-788
      Rule 3.6
      Rule 3.8(f)

      “What Can I Say”
      Gentile v. State Bar of Nevada

21.   Free speech rights of lawyers, part two: public comment about judges and courts

Gillers, 788-796
Rule 8.2

Matter of Holtzman


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