CLASS SYLLABUS
LAW 408AP
Fall Semester 2023
Mindful Ethics:
Professional Responsibility for Lawyers in the Digital Age
3:30 PM – 6:20 PM, Tuesday
Additional Course Content Available Asynchronously
Jan L. Jacobowitz
Scott L. Rogers
Zoom Office Hours: By appointment
Email: jjacobowitz@law.miami.edu; srogers@law.miami.edu
Faculty Assistant
Madeline Collazo
Email: mnc118@law.miami.edu
Phone: 305-284-4277, Location: G264
Send all assignment to: umme@law.miami.edu
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Course Description
A Judge's decision upsets a lawyer and he vents his frustration by blogging and characterizing the Judge as "an evil witch" on a Halloween posting. A young attorney excited about her practice discusses some of her cases on Facebook. A lawyer serving as a juror blogs about the trial. All of these lawyers are enjoying the new media and all are being prosecuted for violations of the Code of Professional Responsibility.
New technologies provide the legal profession with opportunities for networking, advertising, discovery, research, and client development. The New Media is also becoming familiar ground for personal expression. The global and instantaneous reach of New Media coupled with its perpetual presence, results in a limited and unforgiving learning curve; the Code of Professional Responsibility continues to govern.
Mistakes occur frequently due to distraction, unfamiliarity and haste, and poorly thought out actions and can leave lasting scars on the otherwise unblemished reputation of lawyers (and law students). Even deliberate tactics can backfire as unforeseen consequences arise. Anyone can find herself a "test case" if she traipses into this territory without caution and awareness. The applicability of the rules of professional responsibility continues to develop as the digital media comes of age.
This course uses cutting-edge fact patterns and legal decisions involving lawyer misconduct and New Media and technology to expose students to the realities of professional missteps that can follow from seemingly innocuous activities. Contemplative practices, such as mindfulness, are incorporated to offer students greater insight into what motivates them to act, and to practice developing, and wisely using, the mental brakes needed to slow down and introduce greater deliberation into decision-making.
The neuroscience associated with attention, distraction, ethical conduct, and social interaction is discussed to offer students a penetrating examination of the inner-workings at play. Core professional responsibility concepts and rules such as competence, diligence, communication, confidentiality, candor to the tribunal and solicitation and advertising serve as the backdrop for this instruction, which is introduced through lecture, role-playing, guest speakers, and dialogue.
Required Texts:
Jacobowitz, Jan L. & Browning, John G., Legal Ethics and Social Media: A Practitioner’s Handbook (2022 edition).
Rogers, Scott L., The Mindful Law Student (Elgar, 2022).
Center for Professional Responsibility, Model Rules of Professional Conduct (2022).
Additional materials will be provided electronically and in class.
Recommended Texts: (on reserve for your convenience)
Lerman, Lisa G., & Schrag, Philip G., Ethical Problems in the Practice of Law (2008)
Martyn, Susan R., & Fox, Lawrence J., Traversing The Ethical Minefield (2nd Ed. 2008)
Rhode, Deborah L., & Luban, David J., Legal Ethics: Law Stories (2006)
App (for iOS Devices):
—SoBe Mindful App. You can access this app from the Apple App Store. If you do not have an iOS device or experience any difficulty accessing the app, all guided practice materials can also be found on the class website.
After you download the App, you will be prompted you to request an access code. You may use that feature or send me a direct e-mail requesting the access code. (Even if you get the code from another student, please send the e-mail request).
If you have any difficulties accessing the App, please contact Madeline Collazo.
CLASS POLICIES
Class Participation:
It is essential that you attend class to gain a thorough understanding of the themes (and their interconnections) introduced throughout the course. Students are encouraged to stay abreast of current events that are pertinent and give rise to meaningful classroom discussion.
Additionally, the ABA and the Law School require regular class attendance, preparation, and participation. Poor class attendance, tardiness or inadequate class preparation and participation may result in a lowered/failing grade, withdrawal from the course or referral to the Dean of Students.
Grading:
The three primary areas of class work upon which grading is based, and their respective weightings are: class participation (25%), weekly assignments (25%), final project or exam (50%).
Class Discussion:
Each week we will explore in class a new vignette that raises a series of ethical questions and mindfulness insights.
Asynchronous Course Activities:
The asynchronous aspect of the course will include various assignments and activities including, but not limited to, a Vignette Issue Spotting Assignment (VISA), questions to consider for class discussion, and a Meeting of the Mind (MOM) journaling assignment that will allow you to more fully explore the mindfulness aspects of the vignettes. There will also be various video clips, audio recordings, podcasts, and other offerings.
Daily Mindfulness Practice: Throughout the semester you will be provided 5-20 minute guided mindfulness practice recordings to listen to on a regular basis and note your observations. As part of these daily practices, there will be opportunities presented to join online guided practice sessions, and to communicate your observations to Professor Rogers, to help deepen your understanding of and connection to mindfulness. You will be given information to access the Insight Timer and a private version of the SoBe Mindful App to access practices. Practices will also be available on the class website should you have difficulty accessing these apps. Sometimes you will be asked to e-mail your noted observations to Scott. As with the MOM and VISA, please submit them by 5:00pm the day before class.
VISA and MOM Submission: Subject Line and File Names
Your VISA and MOM are due via e-mail no later that 5:00pm the day before class. When you submit your assignments, send to UMME@law.miami.edu, and use the following naming conventions for your subject line AND for the file names. Also, please be sure to put your name on the top of each assignment. This ensures that your assignments will be found, retained, and credit will be recorded.
Practice Journal Submission: Text to Professor Rogers
For the first several weeks you will be asked to text an image of your Mindfulness Practice Journal to Professor Rogers. Please bring your Practice Journal to class for discussion purposes. You will keep the original.
SUBJECT LINE
The subject line is to contain:
(1) class information [UMME_F2023) followed by
(2) the assignment type, e.g., VISA or MOM
(3) the date of the class for which the assignment is due, in this format [YYMMDD], followed by
(4) your last name and first initial.
Between each of the above, place an underscore character [_]. For example, if your name were Amy Coney Barrett, and the Vignette Questions assignment were to be completed in anticipation of a class to be held on August 22, your subject line would be as follows:
UMME_F2023_VISA_230822_BarrettA.
SEPARATE E-MAILS
It is important that you submit a separate e-mail for each assignment that is to be submitted online and ensure that your name is on the document.
Class Recordings:
Students are expressly prohibited from recording any part of this course. Meetings of this course might be recorded by the professor or University. Any recordings will be available to students registered for this class as they are intended to supplement the classroom experience. Students are expected to follow appropriate University policies and maintain the security of passwords used to access recorded lectures. Recordings may not be reproduced, shared with those not enrolled in the class, or uploaded to other online environments. If the instructor or a University of Miami office plans any other uses for the recordings beyond this class, students identifiable in the recordings will be notified to request consent prior to such use.
Accessibility:
The University of Miami School of Law is committed to creating an inclusive learning environment that meets the needs of our diverse student body. If you have a disability (including physical or mental health challenges) and need academic accommodations, please contact Student Accessibility Services via email at access@law.miami.edu. Please note that accommodations are not retroactive; students are encouraged to contact the office and inquire about any disability-related needs within the first weeks of the semester.
Title IX-Learning, Living, and Working Environment:
The University of Miami seeks to maintain a safe learning, living, and working environment free from all types of sexual misconduct including but not limited to: Dating Violence, Domestic Violence, Sex- or Gender-Based Discrimination, Sexual Assault (including Sexual Battery), Sexual Exploitation, Sexual Harassment, and Stalking. For additional information about the University’s efforts to prevent, stop, and address sexual misconduct, including resources and reporting options, please visit www.miami.edu/titleix or contact the University’s Title IX Office at titleixcoordinator@miami.edu
Weekly Class Topics:
Below is an outline of weekly topics. Please note that while you are able to view class pages for the entire semester, various assignments and activities may change.
WEEKLY TOPICS
Class One--August 22: Introduction to Professional Responsibility and Mindfulness
Class Two—August 29: The Road to Discovery: Documents and Yourself
Class Three—September 5: Using the Internet to Make it Rain--The Challenges of Advertising in a Digital World
Class Four--September 12: Outsourcing Everything But Your License
Class Five--September 19: Note to File: Pay Bills, Payday, and Pay Heed
Class Six—September 26: Who's In Charge?
Class Seven—October 3: Mindfulness Immersion and Solitude
******Fall Break: October 10*****
Class Eight—October 17: Conflicts and Confidences: The Mindful Path to Clarity and Courage
Class Nine—October 24: Oh no, Uh oh, and Oops: The Perils of Social Media are Worth Tweeting and Blogging About
Class Ten—October 31: To Friend or Not to Friend: Who's to Judge
Class Eleven—November 7: TBA
Class Twelve—November 14: Putting it all together, including Pen to Paper
Class Thirteen—November 21: Professionalism, Ethics and Mindful Reflection
Class Fourteen—November 28 : Final Class
Final Paper Due: December 18, 2023
*This syllabus is subject to change, moment by moment - a reminder of the nature of life.