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Professional Responsibility & Legal Education

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  • Conflicts
  • Corporate Practice
  • Ethics in Litigation
  • Legal Education
  • Pro Bono Service

2017 National Lawyers Convention

Administrative Agencies and the Regulatory State
November 16, 2017

The 2017 National Lawyers Convention is scheduled for Thursday, November 16 through Saturday, November 18 at the Mayflower Hotel in Washington, D.C. The topic of this year's convention is: Administrative Agencies and the Regulatory State. More information will be posted soon!

Ethics CLE Teleforum -- 2017: Recent Developments Impacting the Ethical Practice of Law

Professional Responsibility & Legal Education Practice Group Teleforum
W. William Hodes, John S. Dzienkowski September 29, 2017

The Federalist Society offers a unique opportunity to acquire one hour’s worth of ethics CLE credit.

Our panel of three experts in legal and judicial ethics will discuss several recent cases and regulatory developments in the field, with an eye towards translating these developments into practical wisdom about their likely impact on law practice in 2017 and beyond.

Advertising will be one of four topics of discussion: As an increasing number of American lawyers handle more matters that touch on more than one state, the rules governing lawyer advertising in various formats has become less and less uniform across state lines. Every state has rules that are based on Part 7 of the Model Rules of Professional Conduct, but almost every state made detailed and widely varying amendments before local adoption. The ABA has begun formal consideration of  a proposal developed by the Association of Professional Responsibility Lawyers (APRL) that would greatly simplify the Model Rules provisions, while eliminating most regulations that speak to matters of taste rather misrepresentation or other harms to clients.

Featuring:

  • Prof. W. William Hodes, Professor Emeritus of Law, Indiana University & President, The William Hodes Law Firm
  • Prof. John S. Dzienkowski, Professor of Law & Dean John F. Sutton, Jr. Chair in Lawyering and the Legal Process, Texas Law

Supreme Court Preview: What Is in Store for October Term 2017?

Co-Sponsored by the Faculty Division and the Practice Groups
Jan Crawford, Kyle Duncan, Samuel Estreicher, Orin S. Kerr, Andrew J. Pincus, Carrie Severino September 27, 2017

This event is being live-streamed.

October 2nd will mark the first day of oral arguments for the 2017 Supreme Court term. The Court's docket already includes major cases involving Federal Courts, redistricting, the First Amendment, election law, business law, class actions, international and immigration issues, alien tort statutes, and the Fourth Amendment.

The full list of cases granted thus far for the upcoming term can be viewed on SCOTUSblog here. The panelists will also discuss the current composition and the future of the Court.

Featuring:

  • Prof. Samuel Estreicher, New York University School of Law
  • Prof. Orin Kerr, George Washington University Law School
  • Kyle Duncan, Schaerr Duncan, LLP
  • Carrie Severino, Judicial Crisis Network
  • Andrew Pincus, Mayer Brown, LLP
  • Moderator: Ms. Jan Crawford, CBS News

2017 Annual Supreme Court Round Up - Event Audio/Video

Washington, DC Lawyers Chapter
Miguel Estrada, Douglas R. Cox July 28, 2017

On July 13, 2017, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at the National Press Club in Washington, DC.

Featuring:

  • Mr. Miguel Estrada, Gibson Dunn & Crutcher LLP
  • Introduction: Mr. Douglas R. Cox, Gibson Dunn & Crutcher LLP

National Press Club
Washington, DC

Lee v. US: Effectiveness of Counsel - Podcast

Professional Responsibilities & Legal Education Practice Group Podcast
Brian R. Frazelle, Laura Howell July 27, 2017

Jae Lee lived in the United States as a legal permanent resident since 1982. In 2009, he was arrested for possession of ecstasy and intent to distribute. Lee’s counsel advised him to accept a guilty plea because of the compelling case against him, assuring Lee that in doing so he would not face deportation. However, because he plead guilty to an aggravated felony, Lee was set for deportation under the Immigration and Nationality Act.  Lee appealed, claiming he had ineffective counsel under the two-pronged Strickland Standard: whether counsel was ineffective and if the counsel’s actions affected the outcome of the case. Had he known he could be deported, Lee argued, he would have gone to trial.

On June 23, the Supreme Court ruled 6-2 in favor of Lee. Laura Howell and Brian R. Frazelle, both authors of amicus briefs in this case, joined us to discuss the ruling and its implications.

Featuring:

  • Brian R. Frazelle, Appellate Counsel, Constitutional Accountability Center
  • Laura Howell, Assistant Attorney General, Alabama Attorney General's Office

 

Lee v. US: Effectiveness of Counsel

Professional Responsibilities & Legal Education Practice Group Teleforum
Brian R. Frazelle, Laura Howell July 26, 2017

Jae Lee lived in the United States as a legal permanent resident since 1982. In 2009, he was arrested for possession of ecstasy and intent to distribute. Lee’s counsel advised him to accept a guilty plea because of the compelling case against him, assuring Lee that in doing so he would not face deportation. However, because he plead guilty to an aggravated felony, Lee was set for deportation under the Immigration and Nationality Act.  Lee appealed, claiming he had ineffective counsel under the two-pronged Strickland Standard: whether counsel was ineffective and if the counsel’s actions affected the outcome of the case. Had he known he could be deported, Lee argued, he would have gone to trial.

On June 23, the Supreme Court ruled 6-2 in favor of Lee. Laura Howell and Brian R. Frazelle, both authors of amicus briefs in this case, will join us to discuss the ruling and its implications.

Featuring:

  • Brian R. Frazelle, Appellate Counsel, Constitutional Accountability Center
  • Laura Howell, Assistant Attorney General, Alabama Attorney General's Office

Fifth Annual Executive Branch Review Conference

The Relationship between Congress and the Executive Branch
May 17, 2017

The Fifth Annual Executive Branch Review Conference will examine the changing and often convoluted relationship between the legislative and the executive branches in the United States government. This daylong conference will feature plenary panels, addresses, and breakout panels on topics such as “The Unitary Executive,” “Chevron Deference,” and “Congressional Oversight of Voting Rights.”

The Conference will begin with an opening address by Senator Mike Lee and end with a closing address by OMB Director Mick Mulvaney and a reception.

A Nationwide Speech Code for Lawyers?

Short video featuring Eugene Volokh
Eugene Volokh May 02, 2017

Is it a violation of the first amendment for the American Bar Association to impose a nationwide speech code for lawyers? Professor Eugene Volokh of the UCLA School of Law discusses the newly proposed Rule 8.4(g) of the ABA's Model Rules of Professional Conduct, a set of anti-discrimination guidelines for lawyers that would bind lawyers to adhere to particular speech codes in the states that have adopted it.

ABA Model Rule 8.4 - Event Audio/Video

2017 National Student Symposium
Eugene Volokh, Robert N. Weiner, Lavenski Smith March 15, 2017

In August 2016, the American Bar Association (ABA) added new anti-discrimination guidelines for lawyers to its Model Rules of Professional Conduct through section 8.4. This section now binds lawyers to adhere to particular speech codes in the many states that have adopted it.

The provision labels engagement “in conduct that [a] lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law." The ABA has defined discrimination and harassment to include “harmful verbal or physical conduct that manifests bias or prejudice towards others. Harassment includes sexual harassment and derogatory or demeaning verbal or physical conduct. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature." The conduct guidelines extend to “the practice of law," including, “representing clients; interacting with witnesses, coworkers, court personnel, lawyers and other while engaged in the practice of law; operating or managing a law firm or law practice; and participating in bar association, business or social activities in connection with the practice of law."

Some have described this section as infringing on the rights on lawyers to speak their mind, while others have argued it is necessary to prevent discrimination within the profession. This debate will discuss the implications of Model Rules of Professional Conduct 8.4 and its impact on workplace discrimination and lawyers' rights.

This debate was presented at the 2017 National Student Symposium on Saturday, March 4, 2017, at Columbia Law School in New York City, New York.

Debate: ABA Model Rule 8.4
11:15 a.m. -12:30 p.m.
Jerome Greene Hall 104

  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
  • Mr. Robert N. Weiner, Partner, Arnold & Porter Kaye Scholer LLP
  • Moderator: Hon. Lavenski Smith, U.S. Court of Appeals, 8th Circuit

Columbia Law School
New York, New York

Government Ethics and Corruption - Event Audio/Video

2017 Annual Florida Chapters Conference
Nick Cox, Renee Flaherty, Todd P. Graves, Matthew Stephenson, Susan Rothstein-Youakim, Jefferson P. Knight February 10, 2017

This panel, Government Ethics & Corruption, was held on February 4, 2017, at the 2017 Florida Chapters Conference at Disney's BoardWalk Inn at the Walt Disney World® Resort in Lake Buena Vista, Florida.

Government Ethics and Corruption
10:30 a.m. – 12:00 Noon

  • Mr. Nick Cox, Florida Statewide Prosecutor
  • Renee Flaherty, Institute for Justice
  • Todd Graves, Graves Garrett
  • Prof. Matthew Stephenson, Professor of Law, Harvard Law School
  • Moderator: Judge Susan Rothstein-Youakim, Florida Second District Court of Appeal
  • Introduction: Jefferson Knight, Owner, The Knight Law Firm

Disney's Boardwalk Inn
Lake Buena Vista, FL