Diversity Issues in Legal Ethics

LAW 6829 Professional Responsibility
Professor Vernellia R. Randall
The University of Dayton School of Law

"A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system
and a public citizen having special responsibility for the quality of justice."
ABA Model Rules for Professional Conduct.

Diversity Issues in Legal Ethics

Please notify me of any typo, misspelling, etc.

Diversity issues in the legal system is of significant importance to lawyers because we have "special responsibility for the quality of justice." One significant area of special concern is how lawyer's responsibilities impacts the delivery of justice. This concern has been recognized by many others. Not only has the author of the casebook integrated those issues through out the book. Since 1996, Georgetown has offered a three-credit course, American Legal Profession, that meets the professional responsibility requirement which among other topics, discussed diversity issues in the profession. A partner in Morgan Lewis, a large California firm, moderated a panel discussion at the Practising Law Institute's MCLE Marathon 2006 on " Latest Issues in Legal Ethics- Substance Abuse- Elimination of Bias in the Profession on Wednesday

The practicing bar now stands at just about 90% Caucasian. By contrast, in the population, Caucasians are about 75% (2000 Census) and are declining in proportion to other ethnic groups, particularly Hispanics. For one example, 45% of all children under age 5 are minority, with the Hispanic population accounting for ½ population growth. Of course these numbers vary in different parts of the country.

The legal profession is disproportionate to the population and likely to remain so. As the ABA has observed “the proportion of minorities in the legal profession is not likely to attain parity with that in the general population in the foreseeable future.” This has significant impact on the both the actual and perceived ability to deliver a just legal system. Diversity issues go well beyond having a diverse group of lawyers and judges. It includes for instance, how we as lawyers relate to each other, judges, clients, legal staff, community members and the community as a whole. Most importantly, how all groups perceive the administration of justice.

Definitions

Diversity aspects than can be considered include racial, ethnic, gender, sexual orientation, religion, persons with disabilities or socioeconomic class.
Persons affected include lawyers, judges, legal staff, clients, individuals, groups and communities

Content

For this paper, you are to explore the lawyers ethical responsibilities and diversity issues. This paper should explore the ABA Model Rules of Professional Conduct (including the preamble and the comments). In particular, the paper should have three sections (with the following headings including identifying the word length):

Introduction to the problem (minimum 500)
- You read and cite to at least three law review articles. See Moodle for a listing of articles
- Do not include in the minimum citations websites unless it is a copy of an article.
Discussion of the ethic rules and diversity (minimum 1500 words)
- explore how the rules acknowledges or does not acknowledge diversity issues
- how the Rules as written may be written toward a dominant or minority group perspective
- how implementation of the rules may be interpreted differently by different diversity groups
Recommendation (minimum 500 words)
- Would you make changes in the rules or the implementation? Why? Why Not?
- If yes, what would be the two or three most important changes? Why? Be sure to explore what the opposition would be to changes and how that opposition can be addressed.

You can write your paper analyzing one diversity aspect or several diversity aspects such as race, gender and disabilities. The key is the paper should be thoughtful and integrated.

Format

Length: At least 2500 words (not including citations)
Citation form
- cite to articles and sources for background facts
- cite to rules and comments as appropriate, using proper legal academic citation.
- citations should be footnotes not footnotes
- use proper legal academic citations for scholarship not court documents
  - See the following:
  - Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review (2d ed.) by Eugene Volokh
  - Scholarly Writing for Law Students: Seminar Papers, Law Review Notes, and Law Competition Papers (2d ed) by Elizabeth Fajans & Mary Falk

Please Remember I May Modify the Syllabus and the Lesson any time up to three days before class.

Always Under Construction!

Always Under Construction!

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Vernellia Randall. All Rights Reserved

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