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University Daily Kansas, February 9, 1981
Page 7
KU law students' ethics tested
By DEBBY FOSTER Staff Reporter
Staff Reporter
In addition to taking the bar examination, law students are now required to pass an ethics test before they can practice law in Kansas.
But so far, passing the test has not been easy for some KU law students.
The ethics test has been given only twice in Kansas, and according to KU law students and faculty, only about 20 percent of the students who took the test failed. The failure rate for the test given in November was about 55 percent.
Law school officials would not release the exact scores on grounds that they
Most students and faculty members attribute the low scores to the fact that the test is new and that student performance is because the test is changed each time it is given.
"The test I took must have been of less difficulty," Jerry Moran, a second-year law student who passed the test in August, said.
"There is no reason in the world why 55 percent of our students can't pass the test, especially when some are out best students," Judge Terry Bullock of the Shawnee County District Court, who teaches legal ethics at KU, said.
Although many faculty members and students of the School of Law think having an ethics test is all right, others think it is unnecessary.
"The idea of the test is a sound one, but whether they have the process refined is a different matter," Michael Davis, dean of the school, said.
However, one student, who wanted to remain anonymous, said, "Since KU is an accredited university and we have a teacher for us, I don't think the test is necessary."
VANCOUVER, Wash.—Two non-explosive eruptions have quadruped the size of the lava dome inside the volcano. Volcanic volcanoes volcanic volcanoes scientists said yesterday.
Mount St. Helens'danger easier
The Multistate Professional Responsibility Examination is based on
But observers say the danger of a massive new blowout has lessened the past few days because seismic activity has dwindled.
The current dome, or mound of
hardened lava mushrooming into the volcano's crater, appeared the day after an earlier dome was obliterated by an explosive eruption Oct. 16.
Bob Jones of the U.S. Geological Survey said, "USGS, scientists caution that local hazards, such as rockfalls, explosions or hot ash and rock flows, exist as long as the present dome growth continues."
the American Bar Association Code of Responsibility and Judicial Conduct, which includes disciplinary rules and ethical considerations for lawyers.
Kansas is one of 13 states that either requires the test now or will by 1902. Passing scores vary from state to state.
Bullock's ethics course is required for graduation and he said he did not intend to change it in order to teach students to take a test.
"My responsibility is to prepare them for the kinds of ethical principles they'll face in practicing law, and that will continue to be my concern," he said.
The ethics class is an important part of the law school curriculum, Bullock
"Students should be able to demon-
mine a knowledge of the ABA codes."
says
"When a lawyer's action is based on 'gut reaction what is ethical, it is frequently incorrect, and to avoid a complaint, it is imperative that the Code of Professional Responsibility be reviewed on a regular basis," Bob Abbott, a judge of the Karasan Court of Appeals, told the Journal of the Kansas Bar Association.
The MPRE is not a test to determine an individual's ethical standards. Rather, it is intended to measure adherence to the standards of established ethical standards.
"It is a hard subject matter to test because there isn't always a right or wrong way to do it."
The MPRE consists of 50 multiple-choice questions and takes about two hours to complete. Students must decide whether a lawyer's conduct described in the questions is subject to disciplinary action in line with ethical obligations according to the ABA codes, is professionally appropriate, or whether the lawyer could be liable for malpractice.
year law student said. "It's also hard to write questions that don't have ambiguity built into them."
In an effort to help students prepare for the MPRE, Marilyn Ainsworth, associate professor of law, will teach an introduction to case law before the MPRE is given in March.
Bulleck suggests that students take the ethics test as soon as possible after they complete the ethics course. The first test is administered in the year March, August and November.
The MPRE is administered by the National Conference of Bar Examiners and is made up by a panel of law professors and bar examiners.
Since the next MPRE is not given until March 13, the Kansas Supreme Court has made an exception for December 1811 graduates. They will be allowed to take the bar in February if they have not passed the ethics test.
However, they will have to pass the MPRE before they are licensed in Kansas to practice law. That all, they must pass the test before they can take the bar exam.
Test your law ethics on sample questions
Here are a few sample questions taken from the 1981 Multistate Professional Responsibility Examination Information Booklet.
1. During the trial of a case by Attorney Alpha, Attorney Beta took shelter in a tavern from an unexpected rainstorm. While in the tavern, Attorney Bela saw Attorney Alpha. After the case, Attorney Alpha was tried
The ethical obligation of Attorney Beta is to:
A. Keep this knowledge confidential.
B. Identify herself to Alpha and reprimand Alpha for drinking in a public place with a uror.
C. Inform the judge trying the case of this incident.
D. Caution Alpha and the juror not to talk further to each other.
2. Alpha represents Defendant in bitter and protracted litigation. Alpha, at Defendant's request, has made several offers of settlement to Plaintiff's lawyer, Beta, all of which have been rejected.
During a week's recess in the trial,
Alpha and Plaintiff were both present at a cocktail party and said, "Why can't we settle that case for $50,000?"
Question:
This trial is costing both sides more than it's worth."
Which of the following is a proper response by Alpha?
I. "I can't discuss the matter with you."
B. 1 and 2, but not 3
3. "I agree. We already have made several offers to settle this matter."
2. "If that's the way you feel, why don't you and Defendant get together."
D. 1,2 and 3
3. Buyer and Seller are about to close a transaction for the purchase and sale of a business. Broker suggests Broker's attorney as excrow holder, advising Buyer and Seller that Attorney will charge less than a bank or escrow company and divides the overcharge with Broker.
A. Yes, because Attorney is party to a dishonest practice.
B. Yes, because as escrow holder,
Attorney is acting for both Buyer
and Seller.
C. No, because Attorney is not acting in a legal capacity for Buyer and Seller.
D. No, because Buyer and Seller did not deal directly with Attorney.
Attorney C. G. A. 3 A.
OH DO WE HAVE A PARTY FOR YOU!!!
Answers: 1. C 2. A 3. A
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LET US WARM YOU UP
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For more information call Recreational Services
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Monday,
International Club Exhibit : Kansas Union
7:00 p.m. AURH Legislator's Dinner : Lewis Hall
by Phyllis Brill Soprano Murphy Hall Smarthout
Tuesday, February 10
International Club Exhibit Kansas Uni 7:30 p.m Lecture: Architecture in the Pueblo World' - 315 Visual Arts
Wednesday, February
7:30 p.m.-International Club Film-Dynec Auditorium
8:00 p.m. Recital by Michael Kimber. Violin Murphy. Sworthaust
Thursday, February 12 Percussion Recital by Mary Aitor Murphy Hall
8. 00 p.m. K.U. Chamber Music Series Murphy Hall Black Student Union Intercollegiate Pagent Satellite Union
Saturday, February 14
3:30 p.m. K.U. Chamber Music Series Murphy Hall
6:30 p.m. HEW BANQUET Kansas Room Kansas Union
E. Laurence Chalmers, speaker, former KU Chancellor
Bernarda Alba
ange Theatre
Sunday, February 15
Valentine's Day is Saturday, February 14.
For Valentine's Week send our FTD
Dr. E. Laurence Chalmers February 9 thru 15 8.00 p.m. Play The House of Bernardo Albo Murphy William Inge Theatre
Hearts & Flowers Bouquet.
A beautiful bouquet created especially for the day Call or visit us soon
Owens
FLOWER SHOP
9TH & INDIANA STREETS Lawrence, Kans. 66044
PHONE 843-6111
Dear Ann:
Jock snaps over Valentine gift.
Athletically I'm an All-American. Romantically I'm a nerd. I'm in love with a fox. But the competition is tough. What I give him is generous. He's New Yorkers. New Yorkers.
Chicken Hunk
Good hunting.
Dear Chicken:
Don't punt. Send her flowers. It's probably the best play you ever made. And the easiest. Just got to love it. He borrows. He has the perfect Valentine gift. A beautiful bouquet that comes in a special budsie. Even the one with his name, Remember, when in doubt, rely on the magic of flowers. It's the only way a chicken can catch a fox.
The FTD Titanen Bud Vase is usually available for less than $40, but some businesses offer the first FDT pilot sets his own prices. Service charges and delivery may be higher on its International Delivery
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