Legal Ethics in Pop Culture

Similar documents
Law Firm Leadership: Developing Effective Skills for Leading and Managing Lawyers

Automotive Supply Industry Law

Client s Statement of Rights & Responsibilities*

David Chu. Matters. Proskauer.com. Partner. Hong Kong

5-Point Client Advantage Plan

Read & Download (PDF Kindle) Hollywood Dealmaking: Negotiating Talent Agreements For Film, TV And New Media

Building a Sophisticated Litigation Practice Outside the Big Firm

Alison N. Davis. Focus Areas. Overview

How to get more quality clients to your law firm

Incident at Morales. Fred: Chemical Engineer hired by Phaust to design a new plant to manufacture a new paint remover

DEADLINE.com. Summary of 2011 Survey Results

Lawyer Referral Service Membership Manual. For Attorneys and Staff

NEGOTIATING A NEW ARTISTS MANAGER BASIC AGREEMENT Separating Fact from Fiction. Deadline

The American Bar Association Young Lawyers Division

THE AMERICAN LAW INSTITUTE MEMBERSHIP PROPOSAL FORM

Ensure Equal Treatment...

Professionalism in the Legal Profession

Kenneth L. Bachman, Jr.

FFIFF 2018 Shoot Your Short SCREENPLAY COMPETITION RULES

GLOSSARY for National Core Arts: Media Arts STANDARDS

Intellectual Property& Technology Law Journal

GLOBAL TRADEMARK PORTFOLIO STRATEGIES

A Message from A. Harrison Barnes

HOW TO BUY DEALERSHIP SOFTWARE

Giovanna Tiberii Weller

Biography. Brian E. Klein Century Park East Sixteenth Floor Los Angeles CA t

Finding a Lawyer. Do I need a Lawyer? Work! Resource. Women. The Difference Between Civil and Criminal Cases

KENTUCKY EDITION VOL.4 NO M A G A Z I N E JEFF SAMPSON: CIVIL TRIAL ATTORNEY THE SAMPSON LAW FIRM

Danielle Vanderzanden

FOLLOW THIS LINK TO The Full 2016 ARDC Annual Report ANNUAL REPORT ATTORNEY REGISTRATION & DISCIPLINARY COMMISSION. Highlights

Talking Pro Bono: Marc Kadish Interviews Jim Holzhauer

IELTS Speak Test Part 1

a business law firm for modern times. High-quality legal services for individuals and businesses since sussmanshank.com

Everyone deserves access to justice, regardless of race, religious beliefs, nationality, gender identity, sexual orientation, or economic situation.

Mark W. Robbins. Focus Areas. Overview

Margaret A. Clemens. Focus Areas. Overview

The Twelve C s of an Exceptional Leader

The Ralby Gelber Group at Morgan Stanley

Script Guide. 1. Prepare to Inspire. 2. Craft Your Conversation. 3. Scripts to Step Forward. 4. Create Curiosity. 5.

Pro Bono Legal Service

Lesson 2: What is the Mary Kay Way?

FRANCES M. PANTALEO, ESQ.

AI in Practice - or: Robots are Not Your Enemy

STATE BAR OF MICHIGAN PROFESSIONALISM IN ACTION PROGRAM UNIVERSITY OF MICHIGAN LAW SCHOOL Problems for Discussion

ROBERT S. FLEISHMAN Of Counsel

Comics, Superheroes, and Pop Culture in Your Library. Brian Real Public Services Librarian Calvert Library

Consciously Creating Circumstances By George Winslow Plummer READ ONLINE

Session 4 - Unbundled Legal Services: The Business Perspective

IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. COMPLAINT

Here are your two free chapters from my book - The Marble and The Sculptor: From Law School To Law Practice

What next for General Counsel? The impact of Big Data on the role of the In-house lawyer

Mark A. Berman, Esq.

Stellar Capital Management, LLC

Donna Marie Melby. Los Angeles. Practice Areas. Admissions. Education. Partner, Litigation and Employment Law Departments

LISA ROTH MONAHAN & ROTH, LLC 630 FIRST AVENUE SAN DIEGO, CA 92101

integrity, honor and dignity knowledge and skill honest and impartial increase the competence professional and technical societies

Margaret A. Clemens. Focus Areas. Overview

Computer Ethics. Dr. Aiman El-Maleh. King Fahd University of Petroleum & Minerals Computer Engineering Department COE 390 Seminar Term 062

Disney and its Critics III. The Disney boycott

How to Prevent the Home Remodeling Nightmare

Jacqueline C. Johnson. Focus Areas. Overview

Ethical Considerations When Using Freelance Legal Services

WILLIAM O. HUNTER Production Designer

Courage at Work. Having the Heart of a Lion

T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N RESOURCE. Guide

David Myrol, Partner. McLennan Ross LLP - Edmonton Office 600 McLennan Ross Building, Stony Plain Road Edmonton, Alberta T5N 3Y4 Canada

Advisors: How To Talk to Clients about Estate Planning?

Definitions. Self-concept: Picture or perception of ourselves. ourselves. Self Esteem: Feelings we have about. Self-ideal: The way we would like to be

Supervision of Outside Business Activities (OBAs) and Private Securities Transactions Wednesday, November 9 3:30 p.m. 4:30 p.m.

Robert D. Luskin. Washington, D.C. Practice Areas. Admissions. Education. Partner, Litigation Department

PENCILS DOWN! LEGAL IMPLICATIONS OF THE WGA STRIKE. Web Conference November 8, 2007

OPINION Issued June 9, Virtual Law Office

Warning a client of risks 1/2

A Mini Guide to FREELANCING. Brookson, here with all the right options

KEY ECONOMIC CONCEPTS ILLUSTRATED IN THIS DOCUMENTARY

CODE OF CONDUCT. STATUS : December 1, 2015 DES C R I P T I O N. Internal Document Date : 01/12/2015. Revision : 02

With you from the spark

Pro-Bono Ethics for the In-House Lawyer

The TPC Group at Morgan Stanley Smith Barney

YEAR END PLANNING FOR LAWYERS. Year-end Planning for Lawyers

WAIS Pre-AP English I Summer Reading Assignment

Raising Difficult Issues with Your Service Provider

BBO Infinite Profits

setting financial goals GETTING STARTED

Make More. MOney. Lesson no.3: Make more money helping your team make more money more quickly.

UNCITRAL Third International Colloquium on Secured Transactions Session on Contractual Guide on IP Licensing (Vienna, March 3, 2010)

2016 Entertainment. Media Forum. and. #GHJEntertainment2016

SCOTT R. NEEDLEMAN COLUMBUS BANKRUPTCY AND FORECLOSURE DEFENSE ATTORNEY

Hello, everyone, and thank you so much for all of the positive feedback about my last newsletter! I hope you will enjoy today s new issue, which is

'My Story Can Beat Up Your Story!' & 'TotallyWrite' Jeffrey Alan Schechter, Unauthorized use and/or duplication of this material without

HOW TO MARKET A SMALL LAW FIRM Professional, Ethical & Profitable Rainmaking Skills For Lawyers

Writing Stories for Film THEORY AND PRACTICE FROM CONCEPT TO SCREEN

Laura A. Lindner. Focus Areas. Overview

Innovation and Technology Law Curriculum

NEWSLETTER. President s Corner. September 11, 2018 Music Industry Update / Legal Update with the California Copyright Conference Past Presidents

Communicate from Day 1. Client Relations: Avoid Grievances! Part I: The Secret of Success: 6/27/2016 THE TOP 5 GRIEVANCES

At La Crème, we are very serious about your career. We listen in order to understand your ambitions, your career goals and most importantly help you

TIME RUNNING OUT? Outsource Your Paperwork, Case By Case. A Legal Writing And Research Service For California Lawyers.

Ethical Considerations for the Business and Transactional Lawyer: A Practical Approach

The Malkin Group at Morgan Stanley

Transcription:

Legal Ethics in Pop Culture Nancy B. Rapoport Acting Executive Vice President & Provost, UNLV Garman Turner Gordon Professor of Law, William S. Boyd School of Law Affiliate Professor of Business Law & Ethics, Lee Business School http://www.law.unlv.edu/faculty_nancyrapoport.html http://nancyrapoport.blogspot.com/ Nancy B. Rapoport 2015. All rights reserved.

Lawyer ethics aren t that hard to get : Legal ethics Common sense Basic human behavior

You already know the rules. Know your client. Know the ethics rules that apply to you. Don t lie. Remember your obligations as an officer of the court. Avoid conflicts of interest.

You already know the rules. And yet (like Ron Popeil s commercials), there s more: Be diligent. Be competent. Don t be abusive. Don t churn fees. Communicate.

What are your first memories of lawyers in pop culture? This is the participatory part you can call out names. Do you remember how those lawyers made you feel?

What clients know about ethics:

The four eras of pop culture lawyers. Lawyer as hero of the community. Lawyer as anti-hero. Lawyer as worse than anti-hero. Lawyer as flawed human.

Lawyer as hero: [SNIP] Inherit the Wind (movie, 1960; MGM/UA Home Entertainment 2007)

Lawyer as hero: [SNIP] To Kill a Mockingbird (movie, 1962; Universal Studios Home Entertainment 2012)

Lawyer as anti-hero: [SNIP] And Justice For All (Columbia Pictures 1979)

Lawyer as devil s spawn: [SNIP] The Devil s Advocate (Warner Bros. 1997)

Lawyer as flawed human: [SNIP] Liar Liar (Universal Pictures 1997)

The future looks marginally brighter, though. Now we re not the devil s spawn any more. Or the first victim of the T. Rex in Jurassic Park. We re complicated humans, with flaws and talents. Even television is starting to show more balanced lawyering. Although I still bear a grudge about Ally McBeal.

There s also a whole genre of law students in the movies: [SNIP] The Pelican Brief (movie, 1993; Warner Home Video 1997)

Law students: [SNIP] Legally Blonde (MGM 2001)

What about the bankruptcy law pop culture references? For a long time, I only had this next one:

The Rainmaker (American Zoetrope 1997) [SNIP]

Now I also have this one: [SNIP] The Office (Season 4) (NBC/Universal Home Entertainment 2007) (Episode 4: Money)

Ethics sensitivity training time:

The Office (Season 5, Episode 2 Business Ethics) (NBC/Universal Home Entertainment 2008) [SNIP]

The Lincoln Lawyer (Lions Gate Films Home Entertainment 2011) [SNIP]

Ghostbusters II (film, 1989; Sony Home Entertainment 2005) [SNIP]

The Rainmaker (American Zoetrope 1997) [SNIP]

The West Wing (In the Shadow of Two Gunmen, Part 1 (Season 2, Episode 1 (aired 2000)): [SNIP]

The West Wing (Bad Moon Rising, Season 2, Episode 19 (aired 2001)): [SNIP]

Double Jeopardy (Paramount 1999): [SNIP]

If you want to change people s behavior: It s important to understand why people behave the way they do.

Think about incentives: People work to meet the incentives they re given whatever those incentives may be. To change behavior, it s important first to identify the incentives that triggered that behavior. Every change in incentives involves a risk of creating new, bad incentives. Humans make certain cognitive errors. An organization s culture matters.

Why should we care especially if we re lawyers? Supervisory lawyers have an ethical duty to monitor their employees compliance with ethics rules. In some situations, non-compliance with matter-specific rules can cost firms money. E.g., not billing in tenths of an hour in large chapter 11 cases. Now is a good time to encourage law firms to change. Lots of pressure on BigLaw.

Subtle default rules and other ways of changing behavior:

Examples of bad incentives:

Let s start with why I want to nudge organizations: My work as a fee examiner got me started thinking about this topic. Are there little changes that we could make inside organizations that might help them: Run better/be more profitable? Serve clients better? Encourage more ethical behavior?

All organizations can use a nudge or two. A law firm isn t that unique an organization. It s all about an organization s culture.

Setting the correct cultural expectations is a first step but not the only necessary one. Does the firm encourage the sharing of clients, or is it an eat what you kill kind of system? Does the firm tolerate bad behavior from star performers? John Gellene Milbank. The symbolic frame and the stories we tell about an organization.

On nudging / ethics: For some of my ideas on this topic, see: Nancy B. Rapoport, Nudging Better Lawyer Behavior: Using Default Rules and Incentives to Change Behavior in Law Firms, 4 ST. MARY S J. L. ETHICS & MALP. 42 (2014). Randy D. Gordon & Nancy B. Rapoport, Virtuous Billing, 15 NEV. L.J. 698 (2015).

Bottom line: First off, enjoy the movies/tv shows/books. Second, make sure that you re keeping in mind the difference between pop culture lawyering and real lawyering.