PrF:MVV335K Ethical Issues - Course Information

MVV335K Ethical Issues in U.S. Law Practice

Faculty of Law
Autumn 2021

Extent and Intensity

0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught in person.

Teacher(s)

Prof. Joseph Francis Vosicky (seminar tutor), doc. JUDr. Ing. Michal Radvan, Ph.D. (deputy)

Guaranteed by

doc. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law

Timetable of Seminar Groups

MVV335K/01: Mon 6. 12. 18:00–19:40 041, Tue 7. 12. 16:00–17:40 041, 18:00–19:40 041, Wed 8. 12. 16:00–17:40 041, 18:00–19:40 041, Thu 9. 12. 18:00–19:40 041, J. Vosicky

Course Enrolment Limitations

The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 25/30, only registered: 0/30

fields of study / plans the course is directly associated with

there are 87 fields of study the course is directly associated with, display

Course objectives

This comprehensive course of 6 classes discusses professional responsibility in the common law system. Students will demonstrate understanding of ethical issues through practical case studies.

Syllabus

Class #1: Overview - Common Law Tradition - "Stare Decisis"
Legal Authority: Constitution, Statutes, Case Law Adversary System of Dispute Resolution
* Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817(1938)
Structure of American Courts (Federal+ State; Civil v. Criminal)
Jurisdiction in Federal Court
Division of Courts; Arbitration; Alternative Dispute Resolution; Restorative Justice
Judge' s Role in American Courts
How Lawyers Become Judges
Class #2: Litigation Process - Uniform Commercial Code
Notice Pleading (Federal) v. Fact Pleading (Illinois)
Insurance Coverage Issues - Rolling Stones Concert
Drafting a Complaint: (Hovorka v. Rodrigue z ) UCC 810 ILCS 5/4 - 406(f)
*Falk v. Northern Trust Co., 327 Ill.App.3d 101 (1st Dist., 2001) - Good Faith in Banking
*Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) Federal Court Pleading Requirements Defending a Complaint (Gordon v. Worley) UCC 810 ILCS 5/2-327(1)(a)
*Monier v. Chamberlain, 35 Ill.2d 351 (1966) - Role of Discovery by Attorneys
* "A Paragon of Arbitration Justice"
Class #3: Attorney - Client Relationship
Clients Never Tell All the Facts, but a Selective Version
Keeping Confidences , Maintaining Contact, Safeguarding Funds
Billing Clients, Fee Disputes; In Re Pyzik - resolved in Bankruptcy
Court Characterization of Facts: Is it Divorce or Probate Case
When a Big Law Firm Sends You a Case, Beware:
*Westbank v. Maurer , 276 Ill.App.3d, 553 (2d Dist. 1995) - Attorney misconduct results in Mortgage Rescision;
*"Top 10 Ethics Traps (and How to Avoid Them)"
Class #4: The Practice of Law in U.S.: Big Firm v. Small Firm & Solo Practice
Technological Competency - Zoom Court Hearings
*"Slip Sliding Away" - Fox, Legal Tender, pp.3-30; The Business of the Law Business
Billable Hours, Profitability + Impact on Clients in resolving case
Conflicts oflnterest (Withdraw or Alert Client in Writing)
Morning Meetings + Mining the Gold
"If You Think There Is a Problem, There Probably Is"
Liability of Law Firm for Its Lawyers - Duty to Report Unethical Lawyers
*"Achieving Digital Mastery"
Class #5: International Law Practice (Inheritance/Probate Court)
Admission as Foreign Lawyer in Czech Republic
Preparation of Bi-Lingual Power of Attorney - Recovery of Bank
Access Admission of Czech Will in Chicago - Estate of Vladimir Lutovsky
Collaboration with Local Counsel
Consideration of Respective Tax Laws - Recovery of Restituted Prague Villa
Problem when Foreign National Dies in Chicago Without a Will
Access to Assets; Direction for Burial or Cremation
Class #6: Lawyer's Role in Legal Community & Collaborative Case Study
"It's a Matter of Style" - Importance of Reputation
Lawyers Shouldn't Make Themselves the Issue
Consider the Big Picture, Don't Sweat the Little Stuff
Mrs. Sala' s Rule; "You Can' t Be Hanged for What You Don't Say"
Chicago Bar Association - Constitutional Law Committee - Rewrites Judicial Article
Candidate for Illinois Legislature; Fulbright Scholarship Opportunities
Review of Professional Responsibility Issues
* In re Himmel, 125 Ill 2d 531 (1988)
Prepare a Memorandum analyzing an ethical problem.

Literature

See Teacher's Information for full details.

Teaching methods

lectures and discussion

Assessment methods

a paper

Language of instruction

English

Further comments (probably available only in Czech)

Study Materials
The course is taught only once.

Teacher's information

ADDENDUM: "52 Common Ethical Problems and How to Avoid Them" - Foonberg

PREPARATION FOR CLASS: To get the most benefit from this course, please read cases and articles "*" cited prior to class and be ready to discuss.

PrF:MVV335K Ethical Issues - Course Information

MVV335K Ethical Issues in U.S. Law Practice

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