Название предмета: Legal Ethics
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Объем (ECTS кредиты) |
3 |
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Тип предмета (обязательный или по выбору) |
Обязательный |
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Семестр преподавания предмета |
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Короткая аннотация (до 500 печатных знаков)
The main part of the course is focused on the basic areas of ethical regulation for the legal profession: client zealousness and loyalty; financial obligations; conflicts of interests; and advertising. Also, the course aims to examine different processes for enforcing ethical rules. These include disciplinary procedures and civil legal malpractice actions. The course concludes with a comparative analysis of legal ethics in the adversarial and inquisitorial systems of justice.
Предпосылки прохождения предмета
Students should be at the intermediate stage of their studies and have a general understanding of the ways the legal profession operate in contexts of different legal traditions. Knowledge of written and spoken English is required, as well as skills of case-analysis and legal writing.
Цель предмета
The Course seeks to provide students with the substantive knowledge of the basic areas of ethical regulation for the legal profession, an understanding of how ethical rules are enforced against lawyers, as well as to contribute to the development of skills necessary for the analysis of particular conflicts pertaining to legal ethics.
Связи между результатами программы, результатами предмета, методами обучения и методами оценивания достижения результатов
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No. |
Learning outcomes in the programme |
Learning outcomes in the course (The students are expected to) |
Teaching and Learning Methods |
Methods of Evaluation |
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Knowledge and it’s application |
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1. |
Knowledge of lawyer’s professional ethics and problems arising in this field |
- explain the lawyers’ duties in the following areas: 1) Client loyalty; 2) Financial responsibility; 3) Conflicts of interests, and 4) Advertising |
- Interactive lectures, consulting readings, in-class discussions, group work |
- presentations and discussions during seminars, graded assignment and exam |
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- be able to explain how ethical rules are enforced |
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- be able to formulate the rationale for applying such rules to lawyers, and understand how current and future lawyers are trained in legal ethics |
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Special abilities |
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2. |
To make logical, critical and systematic analysis of different types of legal documents, to understand and assess their legal nature and meaning and impact in broader context of legal regulation |
- be able to identify weaknesses in the current systems of legal ethics, and be able to offer concrete ideas for reform |
- in-class Q&A and group discussions |
- Presentations and answers during in-class seminars |
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3. |
Ready to represent persons’ rights and legal interests according to the professional ethics requirements and treating confidential information properly, by using internal and surrounding resources |
- be able to identify and solve issues concerning confidentiality in lawyer – client relationship |
- training problem-solving skills during seminars’ discussions and written assignment |
- Discussions during seminars, written assignment (that requires to solve a hypothetical case) |
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Social abilities |
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4. |
Ready to deal in unbiased manner with any tasks arising in professional practice and to reconcile interests |
- be able to identify the ethical issues, the relevant applicable rules and demonstrate the correct ethical behaviour |
- training problem-solving skills during seminars and exam |
- Group discussions during seminars, exam (that requires to solve a complex hypothetical case that models a comprehensive problem that they might encounter in their future careers) |
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Personal abilities |
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5. |
Ready to assume general ethical obligations associated with honesty, dutifulness, responsibility, punctuality, etc. |
- be able to identify the ethical issues, the relevant applicable rules and demonstrate the correct ethical behaviour |
- training problem-solving skills during seminars and exam |
- Group discussions during seminars, exam (that requires to solve a complex hypothetical case that models a comprehensive problem that they might encounter in their future careers) |
Тематика курса
1. Why Legal Ethics? Introduction
2. Client loyalty
3. Financial obligations
4. Conflicts of interests
5. Advertising
6. Enforcing legal ethics
7. Comparative analysis and ideas for reform
Распределение нагрузки студентов
24 ч. – контактные часы (лекции, семинары, онлайн-занятия и др.)
56 ч. – самостоятельная работа.
Формы и методы оценивания учебных достижений студентов
Class discussions and presentations in class; written assignment (solving hypothetical case); written exam.
Структура накопительной оценки
Written assignment (35%); active class participation (35%); final written take-home exam (30%).
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Основная литература |
1. Geoff Monahan, Essential Professional Conduct: Legal Ethics, Sydney, London: Cavendish Publishing (Australia) Pty Limited, 2001;
2. Christopher Meyer, All I Really Need to Know about Legal Ethics I Learned in Law School, 43-MAR Advocate (Idaho) 15 (March 2000);
3. Connor Mullin, Regulating Legal Advertising on the Internet: Blogs, Google and Super Lawyers, 20 Geo. J. Legal Ethics 835 (Summer, 2007);
4. Debra Moss Curtis, Attorney Discipline Nationwide: A Comparative Analysis of Process and Statistics, 35 J. Legal Prof. 209 (2011);
5. Ed Poll, Handling Client Funds, 28 No. 1 Legal Mgmt. 22 (2009);
6. Felicity Nagorcka, Michael Stanton and Michael Wilson, Stranded Between Partisanship and the Truth? A Comparative Analysis of Legal Ethics in the Adversarial and Inquisitorial Systems of Justice, 29 Melb. U. L. Rev. 448 (August, 2005);
7. John Sahl, Behind Closed Doors: Shedding Light on Lawyer Self-Regulation - What Lawyers are Doing When Nobody’s Watching, 48 San Diego L. Rev. 447 (February-March 2011);
8. Julian Lonbay, Legal Ethics and Professional Responsibility in a Global Context, 4 Whash. U. Global Stud. L. Rev. 609 (2005);
9. Marilyn Kelly, Ethics for Lawyers and Judges, 11 T.M. Cooley J. Prac. & Clinical L. 165, 166 (2009);
10. Susan P. Shapiro, Bushwacking the Ethical High Road: Conflicts of Interests in the Practice of Law and Real Life, (Winter, 2003);
11. William H. Simon and Robert D. Taylor, Thinking Like a Lawyer – About Ethics, 38 Duq. L. Rev. 1015 (Summer, 2000).