Law 694: Professional Responsibility in Advocacy

Today’s legal practice allows attorneys to practice advocacy in a variety of forums.  Attorneys may advocate in trial courtrooms, in appellate courtrooms, or in administrative hearings.  They are likely also to advocate through alternative dispute resolution forums, such as negotiations, arbitrations, and mediations.  No matter where an attorney advocates, there is an expectation that the advocate be professional.  This course examines what professionalism entails and requires in the advocacy space.  It asks the following questions: (1) How do we define professionalism?  (2) Why is professionalism required in advocacy?  (3) What professional rules of ethics are unique to the advocacy space?  (4) Does the requirement of professionalism for advocates serve a gatekeeping function, keeping non-traditional advocates outside the advocacy space?  (5) What are the boundaries of zealous advocacy?  (6) Does professionalism also require an advocate to be a public citizen?  If so, what does that entail?   (7)   What professional responsibility requirements may an advocate have that go beyond the Professional Rules of Ethics; specifically, what consideration should be given to an advocate’s own personal morality and ethics in advocating for her clients?

 Students will explore these questions through engagement with case studies, case law, the Model Rules of Professional Conduct, guest speakers, and media representations of advocates.  Students should leave the course understanding the unique responsibilities placed upon advocates and how best to both advocate for their clients and maintain their professional and personal ethical and moral obligations.

• This course is eligible to satisfy the Professional Responsibility and Ethics course requirement for graduation.

Sequence and Prerequisites: None

Evaluation:   Grades will be based on written assignments, classroom participation, performance in exercises, and a take home final examination.