syllabus spring 2010 um mindfulness and professional responsibility class

The Mindful law Student®

Finding Balance and Success in Law school

SYLLABUS: LAW408 A

Professional Responsibility and Mindfulness: Ethics for Lawyers in the Digital Age

Spring Semester 2010

Class Meets: 10:30 AM – 12:20 PM, Mondays: Room 302

Professors Jan L. Jacobowitz & Scott L. Rogers: Office: G-275

Office Hours: Wednesdays from 12:30-2:00 PM

Office Phone: (305) 284-8564 (JJ) and (786) 239-9318 (SR)

Email: jjacobowitz@law.miami.edu

scott@themindfullawstudent.com

Faculty Assistant: Samantha Palmer-Shields

Office G 288; Tel. (305) 284-3934

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Course Description

A Judge's decision upsets a lawyer and he vents his frustration by blogging and characterizing the Judge as "an evil witch" on a Halloween posting. A young attorney excited about her practice discusses some of her cases on Facebook. A lawyer serving as a juror blogs about the trial. All of these lawyers are enjoying the new media and all are being prosecuted for violations of the Code of Professional Responsibility.

New technologies provide the legal profession with opportunities for networking, advertising, discovery, research, and client development. The New Media is also becoming familiar ground for personal expression. The global and instantaneous reach of New Media coupled with its perpetual presence, results in a limited and unforgiving learning curve; The Code of Professional Responsibility continues to govern.

Mistakes occur frequently due to distraction, unfamiliarity and haste, and poorly thought out actions and can leave lasting scars on the otherwise unblemished reputation of lawyers (and law students). Even deliberate tactics can backfire as unforeseen consequences arise. Anyone can find themselves a "test case" if they traipse into this territory without caution and awareness. The applicability of the rules of professional responsibility continues to develop as the digital media comes of age.

This course uses cutting-edge fact patterns and legal decisions involving lawyer misconduct and New Media and technology to expose students to the realities of professional missteps that can follow from seemingly innocuous activities. Contemplative practices, such as mindfulness, are incorporated to offer students growing insight into what motivates them to act, and to practice developing, and wisely using, the mental brakes needed to slow down and introduce greater deliberation into decision-making. The neuroscience associated with focus, distraction, and morality is discussed to offer students a penetrating examination of the inner-workings at play. Core professional responsibility concerns including confidentiality, professionalism, communication, and advertising will serve as the backdrop for this instruction, which will be introduced through lecture, role-playing, and dialogue.

Required Texts:

Barkett, John M., The Ethics of E-Discovery (2009).

Rogers, Scott L., Mindfulness for Law Students (2009).

Rotunda, Ronald D. & Dzienkowski, John S., Professional Responsibility, A Student’s Guide (2009-2010).

Additional materials will be provided in class and/or electronically.

Recommended Texts: (on reserve for your convenience)

Martyn, Susan R., & Fox, Lawrence J., Traversing The Ethical Minefield (2nd Ed. 2008)

Rhode, Deborah L., & Luban, David J., Legal Ethics: Law Stories (2006)

Lerman, Lisa G., & Schrag, Philip G., Ethical Problems in the Practice of Law (2008)

CLASS POLICIES

Class Participation:

It is essential that you attend class to gain a thorough understanding of the themes (and their interconnections) introduced throughout the course. Students are encouraged to stay abreast of current events that are pertinent and give rise to meaningful classroom discussion.

Additionally, the ABA and the Law School require regular class attendance, preparation, and participation. Poor class attendance, tardiness or inadequate class preparation and participation may result in a lowered/failing grade, withdrawal from the course or referral to the Dean of Students.

Grading:

The four primary areas of class work upon which grading is based, and their respective weightings are: class participation (25%), weekly assignments (25%), other assignments (10%); final project or exam. (40%).

Assignments:

Each week we will explore a new vignette that raises a series of ethical questions and mindfulness insights. The website link to the following week’s week’s vignette becomes active the Monday prior to that class and is three days later. Click here for more information on the homework policy and due dates.

Students with Disabilities:

Please see Iris Morera, Student Services Coordinator, Tel. 305-284-9907, Rm. A211.

Laptop Computers, Smart Phones & Tape Recording:

No-Laptop-in-Class policy. Please refrain from use of computers, recording devices, cell phones, and texting during class, except by permission.

Weekly Class Schedule

Below is an outline of weekly topics and assignments. As noted above, approximately seven days before each class, you will be able to view the specific reading assignment and exercises assigned for the following week’s class. You may access that information by clicking here.

WEEKLY ASSIGNMENTS

January 11, 2010: Introduction to Professional Responsibility and Mindfulness

Assignment: Online Survey

January 18, 2010: No Class -- Martin Luther King Day

January 25, 2010: The Road to Discovery: Documents and Yourself