Requiring Legal Requiring Legal Ethics & Professional Ethics & Professional

Responsibility?Responsibility?

Leah WorthamThe Catholic University of America,

Washington, D.C.July 24, 2015

Prescription?Prescription?Who is prescribing?For what purpose?With what process?Context

◦What is already there?◦Political environment◦Various other variables

ABA Standard 302: ABA Standard 302: Learning OutcomesLearning OutcomesA law school shall establish learning outcomes that shall, at a minimum, include competency in the following:. . . (c) Exercise of proper professional and ethical responsibilities to clients and the legal system;

ABA Standard 303: ABA Standard 303: CurriculumCurriculum(a) A law school shall offer a curriculum that requires each student to satisfactorily complete at least the following:

(1) one course of at least two credit hours in professional responsibility that includes substantial instruction in the history, goals, structure, values, and responsibilities of the legal profession and its members;

ABA Standard 301: ABA Standard 301: Legal Program Legal Program ObjectivesObjectives(a) A law school shall maintain a rigorous program of legal education that prepares its students, upon graduation, for admission to the bar and for effective, ethical, and responsible participation as members of the legal profession.

My proposition: every My proposition: every law graduate should law graduate should have have In JD, BA, LLB, Master’s, LLMAt least one course in legal ethics/ professional responsibility involving application of ethical principles◦to real-world problems◦to teach ethical-decision-making for those going into

◦all legal career tracks including legal jobs that do not require a bar license

U.S. Prescription U.S. Prescription Law schools must require each

student to take a courseNo binding content requirementMany alternative approaches but

all have some degree of application to practice situations

All states but 3 require passage of Multistate Professional Responsibility Exam (MPRE) as part of bar exam

U.S. Prescription ValueU.S. Prescription ValueRequired course=books=scholarshipA common understanding of the

topicsConferences, journals, etc.Exchange with bar regulatory

structure & private practitionersSimultaneous development of law

regulating lawyersBorder-crossing lawyers, clients &

regulatory ideas

U.S. Prescription ValueU.S. Prescription ValueAt least minimal familiarity

among U.S. lawyersAlthough required course &

relation to MPRE have their downsides

WorldwideWorldwideClinics MUST teach at least some

topics in legal educationPossible to integrate what is

needed in an experiential program but would need extra credits

Wary of starting out with substantial clinical requirement for every student

Good thing if all countries required a course (which could be satisfied with clinic & also in other ways)

My proposition: every My proposition: every law graduate should law graduate should havehaveIn JD, BA, LLB, Master’s, LLMAt least one course in legal ethics/ professional responsibility involving application of ethical principles◦to real-world problems◦to teach ethical-decision-making for those going into

◦all legal career tracks including legal jobs that do not require a bar license

Useful book related to Useful book related to mandatory curriculum mandatory curriculum questionquestionTHE NEW LAW SCHOOL:

REEXAMINING GOALS, ORGANIZATION, AND METHODS FOR A CHANGING WORLD. Kraków, Poland: Jagiellonian University Press, 2010 (Daniela Ikawa & Leah Wortham, ed.).

http://www.pilnet.org/public-inter

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