Tuesday, April 22, 2008



Today was the last day of PR. It's always kind of draining to teach that last class of the quarter; I use the first and last classes to frame the content of the others, so it takes special attention. Notably, I incorporated Lane's suggested paintings into the lecture.

Any suggestions for test questions? I will give all due consideration.

To me, Guernica is one of the saddest and most gripping paintings out there. Its stark contrasts, sharp lines, and the terrified looks of the people and animals really capture the harsh brutality of the merciless slaughter of innocent people at the hands of history's greatest villains It is beautiful in a soul-wrenching, tragically honest, emotionally vulnerable way.
Sample test question:

Larry Lawyer represent Dan Defendant in a aggravated assault case. While the assault case is pending, Dan breaks his arm. He claims that he broke his arm while playing pool at a local pub. He told Larry that a fight had broken out at the pub and some of the participants knocked him over. Dan asked Larry if he could represent him in a claim against the pub on a premises liability tort claim. Larry tells Dan that he cannot and encourages Dan to retain counsel without recommending another attorney.

Two weeks later, Peter Pubowner appears at Larry's office and asks to speak with him. Peter shows Larry a cd-rom given to him by Dan. Peter tells Larry, "Dan came to my office yesterday and gave me this cd. He told me that you agreed to represent him in a civil claim against me and that this cd has a document you prepared that will settle the claim for $200. Dan asked me to print the document so that we could sign it. I don't believe that I am liable to him. Dan has been to my bar many times, and my employees know him well. All of my staff working that night tell me that he wasn't even in my bar the night this happened. I think he's just trying to get some gas money out of me. Obviously, I'm not going to pay him or sign any agreement with him."

1) What may Larry Lawyer tell Peter Pubowner in response to Peter's statements?

2) Assuming that everything Peter Pubowner told Larry Lawyer is true, discuss the ethical issues regarding Larry's ability to continue and/or discontinue his representation of Dan Defendant in the assault case.
I have stood in front of this painting many times. It is a monument to man's inhumanity to man. Franco, Hitler, Mussolini--they were all the same--killers of the first degree. Sample test question: If one of these "leaders" were detained and thrown into jail, and you were the prosecuting attorny assigned the case, under what statutes or laws might these people be charged?
I thought the class went well, if you need any affirmation for the hard work you put into it. The applications were very apt, and refreshing in light of the other PC material we cover. The Dorothea Lange picture probably hit me the hardest, because I think we often view humanizing the client as a tool for effective advocacy (which it is), rather than as an application of what the practice of law should reflect.

This wasn't the first class where you openly talked about your faith with regards to the practice of law, and I'm glad you did. Baylor's religious affiliation wasn't necessarily a reason I applied here, but I did think that the forum for open discussion would be more available.

I'm sure PC professors don't get much thanks through the course of the quarter, but thanks.
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