Transcript Chapter 2 - WordPress.com

Chapter 8
What is the Proper Role
of a Lawyer?
Question 8-1
The dominant conception of the lawyer’s role:
Question 8-2
True or False:
Role morality requires lawyers to take actions
that are immoral under ordinary morality.
Question 8-3
Which of the following is NOT a justification for
the neutral partisan role?
Question 8-4
True or False:
The Preambles to the Canons and the Code
emphasize the lawyer’s responsibilities to his or
her client.
Question 8-5
True or False:
The original understanding of the lawyer’s role
in the United States was that of the European
guild.
Question 8-6
The Rules:
(A)require ***
(B) prohibit ***
(C) permit ***
Question 8-7
The Tennessee ethics opinion advises a lawyer
opposed to abortion that his ethical obligations
require him, in representing a minor seeking
judicial consent for an abortion, ***
Question 8-8
True or False:
The Tennessee ethics opinion is consistent with
Rule 2.1.
Question 8-9
The Legal Profession as a Blue State reading
argues that the ascendance of the hired gun
approach and the decline of lawyers’
commitment to the public good results from:
***
Question 8-10
The adversary system approach to justice
resembles market theory in that it:
***
Preamble, Canons of Professional Ethics
1908
URL:
http://www.americanbar.org/content/dam/aba/migrated/cpr/mrpc/Canons_Ethics.au
thcheckdam.pdf
Preamble, Model Code of Professional
Responsibility
1970
URL:
http://www.americanbar.org/content/dam/aba/migrated/cpr/mrpc/mcpr.authcheckd
am.pdf
Preamble, Rules
1983
URL:
http://www.americanbar.org/groups/professional_responsibility/publications/model_
rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_sco
pe.html
Model Rule 1.1
Competence
URL:
http://www.americanbar.org/content/aba/groups/professional_responsibility/publicat
ions/model_rules_of_professional_conduct/rule_1_1_competence.html
Model Rule 1.2
Scope of Representation and Allocation of
Authority Between Client and Lawyer
URL:
http://www.americanbar.org/content/aba/groups/professional_responsibility/publicat
ions/model_rules_of_professional_conduct/rule_1_2_scope_of_representation_alloc
ation_of_authority_between_client_lawyer.html
Model Rule 1.4
Communications
URL:
http://www.americanbar.org/content/aba/groups/professional_responsibility/publicat
ions/model_rules_of_professional_conduct/rule_1_4_communications.html
Model Rule 2.1
Advisor
URL:
http://www.americanbar.org/content/aba/groups/professional_responsibility/publicat
ions/model_rules_of_professional_conduct/rule_2_1_advisor.html
Board of Professional Responsibility of the
Supreme Court of Tennessee
Formal Ethics Op. 96-F-140, 1996 WL 340719 (1996)
Question 8-11
Which of the following statements is true?
***
Question 8-12
Which of the following statements is true?
***
Question 8-13
Which author expressly suggests that evading
the spirit of the law might be more appropriate
in representing a low income person than a
wealthy corporation?
Article
David Luban, Lawyers and Justice: An Ethical
Study 173-74 (1988)
Article
William H. Simon, Ethical Discretion in
Lawyering 101 Harv. L. Rev. 1083 (1988)
Moral Responsibility Exercises
In [these] exercises, apply the moral
responsibility approaches of Luban and Simon,
and consider whether and how they differ in any
way from each other and from the approach of
the neutral partisan.
Question 8-14
Which of the following is true?
[ MacKinnon and Menkel-Meadow readings]
Question 8-15
Carrie Menkel-Meadow’s approach to feminist
lawyering relies primarily upon:
Question 8-16
True or False:
Under Menkel-Meadow’s approach, a man
could be a feminist lawyer.
Question 8-17
Menkel-Meadow suggests that feminist
lawyering has implications for:
***
Article
Carrie Menkel-Meadow, Portia in a Different
Voice: Speculations on a Women’s Lawyering
Process, 1 Berkeley Women’s L.J. 39, 41-60
(1985)
Article
Catherine A. MacKinnon, Feminism Unmodified:
Discourses on Life and Law 205 (1987)
Feminist Law Exercises
Question 8-18
True or False:
According to Professor Sanford Levinson, the
dominant understanding of professionalism
requires a lawyer to “bleach out” all personal
characteristics, including religion, morality, race,
gender, and other forms of identity.
Question 8-19
True or False:
Under all of Professor Allegretti’s models, a
Christian lawyer must bring her religious values
into her work as a lawyer.
Question 8-20
In her work at a large law firm, Professor Azizah
al-Hibri found which area of practice most
consistent with her values as a Muslim?
Question 8-21
According to Professor Russell Pearce, all the
streams of Judaism:
***
Question 8-22
Professor Robert Vischer identifies the following
as irrefutable objections to religious lawyering:
***
Article
Russell G. Pearce, The Jewish Lawyer’s Question,
27 Tex. Tech L. Rev. 1259, 1259-70 (1996)
Article
Robert K. Vischer, Heretics in the Temple of the
Law: The Promise and Peril of the Religious
Lawyering Movement, 19 J.L. & Religion 427,
427-33 (2004)
Article
Joseph Allegretti, Christ and the Code: The
Dilemma of the Christian Attorney, 34 Cath. Law.
131 (1991)
Article
Azizah al-Hibri, On Being a Muslim Corporate
Lawyer, 27 Tex. Tech L. Rev. 947 (1996)
Religious Lawyering Exercises
A. Issues
B. Hypothetical
Question 8-23
Anthony Griffin argues that:
***
Question 8-24
According to David Wilkins, African-American
lawyers:
***
Question 8-25
David Wilkins argues that in the O.J. Simpson
trial:
***
Question 8-26
David Wilkins concludes that Robert Johnson
managed his opposition to the death penalty:
***
Article
David B. Wilkins, Identities and Roles: Race,
Recognition, and Professional Responsibility,
57 Md. L. Rev. 1502
Racial Justice Lawyering Exercises
Question 8-27
In the 1960’s, Erwin Smigel found that big firm
lawyers viewed their role as close to that of the:
***
Question 8-28
True or False:
Proponents of the lawyer as civics teacher argue
that lawyers are properly civics teachers
because they are necessarily more virtuous than
nonlawyers.
Question 8-29
Proponents argue that lawyers are civics
teachers:
***
Question 8-30
A lawyer acting as civics teacher would always:
***
Question 8-31
True or False:
Both perspectives on the lawyer as civics
teacher require moral counseling.
Question 8-32
If clients generally shared the view of Ben W.
Heineman, Jr., former Senior Vice-President for
Law and Public Affairs for General Electric, the
would:
***
Article
Russell G. Pearce, The Legal Profession as a Blue
State: Reflections on Public Philosophy,
Jurisprudence, and Legal Ethics, 75 Fordham L.
Rev. 1339, 1362-65 (2006)
Article
Bruse A. Green & Russell G. Pearce, “Public
Service Must Begin at Home”: The Lawyer as
Civics Teacher in Everyday Practice, 50 Wm. &
Mary L. Rev. 1207 (2009)
Civics Teacher Lawyering Exercises
Question 8-33
If I had to choose one perspective for my role as
lawyer, I would choose: