Class considers profession

March 29, 2010
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IL reporter Rebecca Berfanger wrote this post.

Last week, I was invited to sit in on a class for an article I’m working on about the legal professions class at Indiana University Maurer School of Law – Bloomington.

As part of a new requirement at the law school that started last spring, 1L students take an ethics and professional responsibility class that offers a new look at not only how to think like a lawyer but also what it means to practice as a lawyer.

By teaching students about real situations that had real ethical dilemmas, the professors go through the situations step by step, including the specific rules of professional conduct that can be applied.

During the March 23 class, the situation involved an associate at a large international law firm who had learned the day before a deposition with another large law firm’s attorneys that an employee of the client company may have forged documents.

In this scenario, explained professor and attorney John Steele, the associate has to choose between letting the client attend the deposition and either lie about or admit to forging the documents. Or the associate can ask opposing counsel to postpone the deposition without going into too much detail to tip them off as to what is going on. Neither situation is an easy thing to handle for the associate and his client.

Steele then asked the students what they would do and why, going rule by rule as to the ethical issues involved, including best practices of how to stay out of the situation in the first place when representing a client and an employee of a client.

Steele, who flies in every week from California to teach the four-credit course while maintaining his law practice, has taught legal ethics before, but said this was a truly unique offering making it worth the travel time to Indiana.

Other than ethical issues, the course offers in-depth discussions about different types of legal jobs to consider. In an opening lecture, Steele showed a pie chart that illustrated only about 4 percent of legal jobs are at big law firms, and the rest are in many other areas.

Because the class I attended happened to involve attorneys at a large law firm, he explained to students how to react to the situation if they ever find themselves in that young associate’s predicament particularly with a large firm, but the advice could also apply to a small firm. Luckily, he said, most firms would rally around their young associates, and it wouldn’t hurt their jobs if they needed to speak up.

In this situation, for example, he encouraged the students not only to figure out what the professional rules were that would apply, but to start by simply asking, “Who is the client?” and go from there.

If you’re a student at I.U. Maurer School of Law or another school with this type of class, what did you think? If you haven’t taken this version of the legal professions class in law school, how did your ethics class compare?
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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