i. One copy of these examination questions
ii. "Cheat" notes written on front of two pages
1. (15 points)
Discuss the films: Class Action, Murder in the First, and Twelve Angry Men
(i) What is the image of lawyers portrayed in the films?
(ii) What is the image of the legal establishment ?
(iii) Connect the images from the films to themes we have discussed in this course.
2. (15 points)
Discuss the role which DeTocqueville envisioned for lawyers and the legal profession in the United States.
Specifically consider why lawyers act as a group within society. Explain clearly how lawyers will counterpoise the democracy and prevent the establishment of a tyranny of the majority.
3. (10 points)
What are the main features of the "Harvard Model" of legal education ? Does this system prepare the student for practice?
4. ( 10 points)
a. Why does Curtis say on page 9 of the "Ethics of Advocacy" article that "a lawyer is required to be disingenuous?"
b. In what circumstances might a lawyer be required "not to speak" to the court, not to inform a judge about the true facts of the case. In what circumstances might a lawyer be required to tell the court the truth, even when it hurts his/her client's case?
c Curtis says that advocacy is "a special case of vicarious conduct." What does he mean by this?
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5. (10 points)
How do lawyers' salaries differ in the United States? Can one earn more in private practice than in government employment? Do lawyers in certain cities earn more money? Do lawyers in larger law firms earn more income? What accounts for the tremendous difference in salaries across the profession?
6. (20 points)
Discuss ONE of the following topics below.
a. Consider the history of discrimination against Blacks in terms of admission to law school. Is it possible today for Black lawyers to get to the "top"? (Consider the readings on pages 101 to 116 in the text, Lawyers: A Critical Reader, and/or the cases (Sweatt, Missouri etc) you will find on the homepage concerning this topic.)
b. Discuss the professional paths of female attorneys. (pp 91 to 100 in the text, Lawyers, A Critical Reader). You may wish to look at the issue in its historical context as well.
c. Discuss the differences (both advantages and disadvantages) between working for a large law firm and working for a small law firm. (Chapters 3 and 5 in Lawyers: A Critical Reader).
7. (10 points)
Identify the ethical problem in the following scenarios and state specifically the rule from the Florida rules of conduct which comes into play. How would you resolve these problems?
a. Mr. Need L. Head is a partner at the law firm Dowe, Cheatum, and Howe. He hires a new junior named Mr. Good E. Twoshoes.
Twoshoes has observed the following. First that Mr. Head injects himself with various illegal mind-bending drugs on a regular basis. Second, that Mr. Head has used clients' trust funds to purchase these drugs.
Does Twoshoes have an obligation to report this misconduct?
b. Mr. Drug Lord comes into the office of his lawyer, Mr. Newt Guy. Mr. Lord has been accused of drug trafficking. During the course of a conversation, Mr. Lord says two rather interesting things:
1. He will have to murder the state's star witness and that he has arranged this for Monday morning when Mr. Addison Dic comes to purchase some more heroine on Elm Street.
2. He will get his accountant to fudge his books again next year so that the profits from illegal activities are again funneled through legitimate businesses.
a. Does Mr. Newt Guy have any obligations to inform the police about Mr. Lord's violent intentions?
b. Can Mr. Newt Guy call Mr. Lord's accountant to testify that there was no income last year from illegal transactions?
8. (10 points)
There was a list of 28 horrible sentences which were full of grammar and spelling mistakes.
We have had the privilege of reviewing these sentences during the class period on the 15th of December.
Pick ten (10) sentences from the list of sentences and provide:
a. A corrected version of each of the 10 chosen sentences
b. A discussion of the grammar and spelling errors
and
c. A discussion of the errors in terms of content.
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Stephen Ross Levitt Updated: October 2000 Copyright Stephen Ross Levitt |