239.01 Ethics and the Law of Lawyering in Civil Litigation

This course examines the principles of legal ethics and professionalism. Our focus will be on identifying and responding to the key issues faced by a civil litigator, and on the model rules of professional conduct, case law, and ethics opinions that a lawyer must consider in resolving such issues. Topics include the formation and termination of the attorney client relationship, conflicts of interest, and communications with the court and opposing counsel through the discovery and trial process. We will examine the balancing of the duty of advocacy with the duty to the administration of justice. We will also explore issues such as admissions, discipline, and common law firm associate dilemmas such as billing and changing law firms. During the semester, students will prepare two short (3-5 pp) memoranda. There will also be an open book in-class exam at the end of the semester.

Fall 2016

Course Number Course Credits Evaluation Method Instructor
Course Credits
Scheduled in-class examination
Practical exercises
Marilyn Forbes Phillips
Sakai site: https://sakai.duke.edu/portal/site/LAW.239.01.F16
Email list: LAW.239.01.F16@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Areas of Practice
Course Areas of Practice