Economics of Law Practice
Seminar
University of Iowa College
of Law
Iowa City, Iowa
Fall 2002
Nicholas Johnson
Overview and General Information
[20020821]
Personal
Bio Writing Assignment
Formal disclosure, credits, exams and grades
The overall purpose of this seminar is to explore the full 180-degree sweep of what we mean by "legal services" and the ways in which they are funded. How (a) has this been done in the past, (b) is it done now, and (c) might it be done in the future?
Otherwise put, what are the range of entrepreneurial and other opportunities open to you once you graduate?
To further explain, the focus is not on the variety of subject matter areas (e.g., patent law, tax law), or activities (e.g., court room litigation, office practice). We will, rather, explore the source of funds and theory of payment. Three illustrative examples might include (a) conventional hourly billing for legal work, (b) the contingent fee alternative (that makes quality legal service potentially available to those otherwise unable to afford it), or (c) public interest non-profit lawyers (funded by, say, foundation grants, or settlements and judgments).
Students will be encouraged to be innovative in coming up with new, and as yet untried, ideas for funding legal services.
Enrollment is limited in accordance with the College of Law requirements and registration process regarding seminars. Participants are responsible for familiarity with the relevant portions of the University of Iowa College of Law Student Handbook 2002-2003.
The experience is designed to serve a variety of students in a variety of ways.
Among the greatest resources of any law school are not only the intellectual quality of its students, but also their diversity of background and experience. We are particularly blessed in that respect at the University of Iowa College of Law.
The more we can all know about each other, and the resources we bring to this seminar, the more each of us can take from it. Besides, it's more fun knowing who these folks are with whom you are about to be locked in a room for 14 seminar sessions.
So please hand in to Julianne Bruce, Room 433, by September 3 a brief, one-page essay about yourself that can be shared with other members of the class. You need not, but may, examine examples in bio booklets from past seminars, available from Ms. Bruce. We'll put together a comparable one for our seminar, make copies, and give you one.
Obviously, if there is anything you want to keep to yourself you are a skillful enough writer to do so. There's nothing you must include.
But while you wait for the muse to strike, be aware that the following kinds of things would be interesting and useful: (1) something of your family, community and upbringing, (2) early ambitions, goals or professional interests, (3) college majors, intellectual interests, activities, (4) work, travel or other job related experiences, (5) your current obligations and environment outside of law school (e.g., marital and parental status or other family responsibilities, nature and demands of outside employment, hobbies or other activities), (6) areas of specialization in law school, student activities, or legal internships, and (7) future goals, expectations and plans for using your legal education.
Deadlines. Please remember that your failure to get your bio in on time means the whole project must be postponed until you do.
Format Request.
Please use (1) one page maximum, (2) single spaced, (3) using a computer
printer or typewriter that creates copy sufficiently dark to make machine
copies possible, (3) one inch (or greater) margins all around, (4) a heading
that includes your name and date, and (5) any reasonable font.
Papers will be required, and will ultimately become part of a Web site with the student work, and links to other resources, as a service of the University of Iowa College of Law to the legal profession.
An oral presentation of the paper is also required.
Prior years' seminar participants' papers are available if you'd like to look at them.
Preparation of papers will require meeting a number of "milepost" deadlines throughout the semester, with penalties for late completion. A memo explaining the process in detail is available.
Casebook: There is no assigned casebook as such. Seminar readings will, to the extent possible, be drawn from the Internet (plus Westlaw and Lexis). The initial reading assignments are now posted as a link from the main class Web page. Others will be found by, and shared among, seminar participants, either in connection with papers or generally.
Class meeting: The seminar is scheduled to meet Thursday evenings, 6:30 to 8:30 p.m. in Room 125. (Although we must meet for two hours, if participants would be better served by -- and can agree on -- an earlier (say, 6:00 p.m.) or later (say, 7:00 p.m.) time, or would like to extend the two hours by scheduling a break during our sessions, it is possible other uses for the room will give us that much flexibility.)
Formal disclosure, credits, exams and grades:
Note: I regret the necessity of including some of what follows. It is totally irrelevant for that 90 percent or more of law students who take their education seriously, prepare for and attend class regularly, meet all deadlines as a matter of course, do their best, and otherwise demonstrate a sense of professional responsibility.
However, (a) the University and College of Law require it, (b) there are sometimes one or two students for whom it is necessary, and (c) some of it is simply factual information all will want to know.
The University and College of Law require a formal "Disclosure of Course Information to Students." For the most part, for purposes of this seminar, that information is found within the University of Iowa College of Law Student Handbook 2002-2003. You either have, or have access to, this handbook, and have responsibility for knowing such of its provisions as are applicable to this seminar. By way of illustrations:
It provides that one writing credit ("unit") requires a minimum of 20 pages "exclusive of footnotes" (you may, of course, write more; and additional instructions and guidance regarding the preparation and grading of seminar papers is provided elsewhere on this Web site).It provides that "faculty members have discretion to award each writing student up to one academic credit for each semester hour that the seminar meets as a group and one academic credit for each writing unit earned." [emphasis added.] Thus, although the credit is discretionary, not automatic, a student who produces a satisfactory seminar paper of 40 pages or more of text, plus endnotes, could earn as much as four academic credits (two for the seminar plus two for the paper) plus two writing credits.
Because there are two sources of credit (seminar sessions and the paper) there must be two ways to evaluate participants' work. The paper can be independently evaluated. (The standards for doing so are described below.) The seminar participation will be evaluated on the basis of performance on the final exam as well as the participation in discussion. The grade for "the seminar" will combine the grades on the paper and the final (plus participation) in proportion to the academic credit allocation (i.e., a 20-page paper participant's grade would be one-third from the paper and two-thirds from the final and participation).Contacts: Feel free to stop in Mr. Johnson’s office (BLB 445) any time the door is open. Appointments are not necessary (but are, of course, possible if it would be more convenient for you). The best phone number for voice messages is 337-5555. His e-mail address is njohnson@inav.net His assistant is Julianne Bruce, Room 433, 335-9212, julianne-bruce@uiowa.edu. You are neither obliged nor encouraged to find out more about him, but for the benefit of any who may be curious, his Web page has links to, as he puts it, "more than even my mother would ever have wanted to know about me," including entire books and prior seminar participants' papers. It is http://www.nicholasjohnson.orgIf class discussion lags, or it is otherwise thought useful, the instructor reserves the right to use quizzes. This will normally follow advance notice. If quizzes are used, the results will be included in the "seminar participation" portion of the final seminar grade.
The grades on the papers will be primarily (75 percent) based on what we call the "first final draft." This is because the first final draft is intended to be the best work of which you are capable without the benefit of the Writing Center or my editorial suggestions. (You will have access to both for the final, final draft.) The remaining 25 percent will be based on your performance on the other mileposts.
The final exam will represent 30 percent of the grade for the seminar alone (apart from the paper). The other 70 percent of the grade for the seminar alone will reflect the quality and quantity of participants' contributions to the variety of available seminar participation opportunities (e.g., discussion during seminar sessions, the quantity and quality of Web sites offered for the seminar bibliography links, conferences with the instructor, the oral presentation of the participant's paper, or the active participation during the presentation of others' papers). This includes the demonstrations of professionalism discussed in the assigned paper "So You Want to be a Lawyer." (Thus, note that while attendance per se does not affect the seminar grade, it necessarily does affect the credit earned for participation in seminar sessions' discussion.)
University, College of Law, AALS and ABA requirements provide that students must be in "regular attendance." For purposes of this seminar "regular" is defined as 75 percent attendance, or 11 of the 14 sessions. There are no "excused" or "unexcused" absences, only absences. As the Handbook provides, "A student may be dropped from a course or failed, at the discretion of the instructor, for excessive absences or for repeated lack of adequate preparation for class." Thus, participants are encouraged to "save" the three permitted absences for unanticipated family or other emergencies, or "fly-backs," toward the end of the semester rather than risk being dropped because they were used early and then an emergency arose.
Note, of course, that a participant who is absent at a seminar session at which s/he is scheduled to present a paper risks failing the seminar or being dropped (because such an absence would affect every seminar participant). With a week or more advance notice (because papers must be available to participants in advance of the seminar session at which they are presented) presentation dates may be revised -- if (a) the participant can find someone with whom to swap dates, (b) the instructor is notified, and (c) approves. Obviously, this is a good reason to schedule to present early, as there is no way to make up for an emergency cancellation on the last seminar session.
A failure to meet milepost deadlines will result in a lower grade for that portion of the assigned work. A failure to have met all mileposts, including conferences, and the presentation of a "final, final" draft in a form capable of being transformed into HTML by the end of the semester's examination period, may, in the discretion of the instructor, result in a failing grade (rather than an "incomplete") for the seminar.
There are provisions for accommodations for students with disabilities.
Ombudspersons are available to seminar participants from the University, the College of Law, and from within the seminar itself.