Friday, October 9, 2009

Interesting Discussion Today With Nancy Rapoport (UNLV Prof) Regarding Ethics


I read Nancy's post yesterday about her professional responsibilities class at UNLV & an issue that was brought up about her application for the CA Bar (She claims that this was back in the late 1980s...What?!? Did she graduate when she was 10 yrs old?). She claims she was called out on the carpet by one of her students as 'unethical' when she delayed filing a lawsuit until after the bar exam, so she would not have to report it to the state bar. She deferred to the student and believes she should have acted differently, inferring that she was 'unethical'.

She states, "I answered her: 'Yes. You're right. I should have gone ahead and updated my application and gone ahead with the suit.' Good for the student for calling me on this one."

I completely disagree. How can you report a 'potential claim' that has never been filed? Why would the bar care that you 'may or may not' sue someone for a tort? How could this be unethical?

The answer: you can't, they don't & it is not unethical. Nancy really theorized her way into the wrong answer here. Young attorneys and law students should take note of this discussion. Know when to stop the theory and apply reality. Our job as attorneys is to solve problems, not create problems where none exists. We can have a discussion about loopholes & whether attorneys should be looking so hard to jump through them. That's not what I'm talking about here. There is no loophole. Don't read so much into it.

See HERE for our discussion after her post.
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2 COMMENTS:

Nancy Rapoport said...

Hey, thanks for the flattering comment about my age!

Legally UnBound said...

Listen here young lady, truth is truth.