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School emphasizes responsibility to 1Ls through required course

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As a response to the Carnegie Foundation's report, "Educating Lawyers: Preparation for the Profession of Law" released in early 2007, an Indiana law school has been offering a mandatory class to 1Ls about the professional and ethical rigors of the legal profession.

The Indiana University Maurer School of Law - Bloomington was one of the law schools that participated in the Carnegie Foundation's study and has since started a required course for all 1Ls aptly titled "The Legal Profession."

The four-credit hour course considers various aspects of what law students will encounter in their careers. It is possibly the only course like it in the country, and some students have applied to the law school because of the class.

Part of the course is meant to help students determine where they would best fit - whether it's among the decreasing percentage of lawyers who work at large law firms to working as a solo or at a small firm in a small town to government, nonprofit, or other legal jobs. This includes an in-depth assessment early on to determine where the students' strengths and talents could take them.

Students taking the course are also required to attend a number of seminars about career choices that include panels of attorneys, mostly alumni, who share their experiences in their respective fields and network with students.

The class also offers insights into various legal ethical dilemmas and how to survive them.

"The goal is to provide students in their first year with a way to confront their own values and start contextualizing them," said Dean Lauren Robel, who teaches the course along with California attorney and ethics expert John Steele; Bill Henderson, who has been studying the legal profession for a number of years; Carwina Weng, an expert on clinical legal education, multicultural lawyering, and law and psychology; and a number of guest lecturers.

"The beauty of the class is they have conversations about different professional contexts," she said.

While ethics is part of it, she said the course goes "way beyond" the typical two-credit hour ethics course.

"In many ways, the ethics content is less the content than the spine of the course. It allows us to have students begin to put the flesh and the blood on the bones. ... We stress from the first day of class that relationships matter and they matter a lot. You don't want your first interaction with someone to be asking for forgiveness. By developing relationships, meeting with lawyers, going out to dinner with lawyers, they begin to see what comes back from those relationships," Robel said.

One example is a discussion Steele facilitated regarding a young associate at a large international firm who finds out the night before a deposition the client's employee may have forged documents.

In that discussion, Steele had students answer what they would do in that situation - and why - while he would go over the specific rules of professional responsibility they would need to know in that situation.

For instance, if the employee went through with the deposition and was asked about whether the documents were forged, she would either commit perjury, or admit to forging documents. Neither would be good for the attorney or his client.

He also explained another option: The associate could suggest to opposing counsel that his firm would like to reschedule the hearing and would pay for their travel expenses for having to reschedule last minute.

This exercise is also important for the students to know what it's like to work for a large firm and how they need to speak up, even if they aren't sure how their partners will receive criticism. For instance, the simple question "Who's the client?" can make a big difference when those who might be about to do something unethical need to take a step back and think about their next steps.

In this case, he said, the associate and the firm should have had the employee sign something that says the firm is representing her in a limited capacity and that was subject to change. This would protect them and the large corporate client.

Steele also asked the students to explain whether they thought the employee was telling the truth, and what motivation she might have to lie about forged documents.

"We do that exercise - we'll do it another seven or eight times in different contexts throughout the semester," Robel said. "We have the students consider, 'What is it going to feel like if I have to challenge somebody? How can I do it in a tactful way? What are my emotions around this?'"

Steele added that he could teach an ethics course closer to home in Palo Alto, Calif., but because he finds the Bloomington school's work so important, he chooses to spend three days a week in Indiana.

"This is the most challenging work I've done in 25 years of teaching," Robel said. "I really hope it pays off for students, that they'll leave knowing more about themselves and how they fit into the profession."

The Bloomington school was one of 10 law schools asked to participate in the implementation of the Carnegie report, but so far it is the only one to teach the legal professions class in the same format, to the best of Robel's knowledge.

"This is very responsive to that report," she said. Law schools "do an amazing job of teaching students to think like lawyers by the end of their first year. What we don't do a great job of is teaching them how to think like ethical lawyers or professionals embedded in the practice when dealing with clients and other people."

The course also has guest lecturers talk about their careers. Ted A. Waggoner, managing partner of the four-person law firm Peterson & Waggoner in Rochester, and Corinne Finnerty, a partner with the three-person firm McConnell Finnerty Waggoner in North Vernon, discussed with students what it was like to work in a small firm in a small town.

Waggoner said students asked about the work ethic and questions about what office hours were like, what the dress code was, how involved the lawyers were in their communities, and what they needed to know to operate a trust account.

"If you're going to run a small firm or be a solo, you have to be a business person," he said he told the students. "If you don't enjoy that or don't have the skills, it's not advisable to hang a shingle if you don't have the heart to market yourself, to go over payroll, and handle other business functions."

He also taught a weekend course to 2Ls and 3Ls at the law school about what it's like to work as a solo and or at a small firm.

He said he wished the school had a similar course when he was a law student, and that 30 years ago law students were primarily taught how to work for large law firms. But the definition of large law firm has since changed, not to mention there's no guarantee those jobs are even available for recent graduates, let alone students who are still in law school.

"The profession is changing, and I think the small firm aspects are becoming more attractive to younger people than they may have been since the economy has shown that a secure huge pay check is no longer secure," Waggoner said.

Robel added the course is helpful to students going into any type of practice after graduation because there are still some fundamental aspects of being a professional attorney, including interactions with bosses, co-workers, and clients.

"From teaching first-year students, I know that law school ignites intellectual excitement," Robel said. "But that first year does not ignite the understanding of the laws of human activity. Law students need to translate this into a practice that involves other human beings."

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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