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Articles 1 - 30 of 81
Full-Text Articles in Entire DC Network
Black And Barred: The Bar Examination's History Of Exclusivity And The Threat Of Further Exclusion Posed By Aba Standard 316, Nicola A. Boothe
Black And Barred: The Bar Examination's History Of Exclusivity And The Threat Of Further Exclusion Posed By Aba Standard 316, Nicola A. Boothe
South Carolina Law Review
No abstract provided.
Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea Kupfer Schneider
Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea Kupfer Schneider
Faculty Articles
The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.
Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …
Lawyers As Caregivers, Paula Schaefer
Lawyers As Caregivers, Paula Schaefer
St. Mary's Journal on Legal Malpractice & Ethics
This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
The International Journal of Ethical Leadership
transcript
Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman
Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Lawyers are communicators. They communicate with clients, courts, adversaries, juries, witnesses, and the public. Lawyers have a special responsibility for the quality of justice. Their communications, therefore, are hedged by various ethical rules to ensure that their statements are knowledgeable, truthful, respectful, and not prejudicial to the administration of justice. But lawyers are not always knowledgeable of the facts. In fact, they sometimes behave disrespectfully, and stray from the truth. False statements by lawyers may be made unwittingly, sometimes intentionally, and sometimes with an indifference, even a contempt for the truth. Discourse of the latter kind may be characterized as …
The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark
Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark
Faculty Scholarship
The federal government relies increasingly on whistleblowers to ferret out fraud, and has awarded whistleblowers over $4 billion under the False Claims Act and the Dodd-Frank Wall Street reform and Consumer Protection Act. May lawyers ethically seek whistleblower rewards under these federal statutes? A handful of lawyers have tried to do so as FCA qui tam relators. They have not yet succeeded, but several court decisions suggest that they might be able to do so under confidentiality exceptions to state ethics law, which several courts have held are not preempted by the FCA. No lawyer has been publicly identified as …
The Client Who Did Too Much, Nancy B. Rapoport
The Client Who Did Too Much, Nancy B. Rapoport
Scholarly Works
Using Hitchcock's MacGuffin as a theme, I discuss the dynamics between client and lawyer when the client so obsesses over the issue driving him that he persuades (or attempts to persuade) the lawyer to do things that are inadvisable from the lawyer's point of view.
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.
A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer
A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Samuel J. Levine
No abstract provided.
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake
Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Two Lawyers, One Client, And The Duty To Communicate: A Gap In Rules 1.2 And 1.4, Stephen C. Sieberson
Two Lawyers, One Client, And The Duty To Communicate: A Gap In Rules 1.2 And 1.4, Stephen C. Sieberson
The University of New Hampshire Law Review
[Excerpt] “There may have been a day in which most American legal matters involved one client and one lawyer, but that day has surely passed. People today travel widely, businesses sell their goods and services across the country, and activity of all sorts—both legal and illegal—can be carried out in cyberspace. In such a society the laws of multiple jurisdictions can be relevant to the broad range of client circumstances. At the same time, legal issues have become increasingly complex, forcing lawyers to make referrals to outside specialists. In addition, some transactions or litigation matters may simply be too large …
Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen
Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen
Pepperdine Law Review
No abstract provided.
Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas
Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas
Pepperdine Law Review
No abstract provided.
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Pepperdine Law Review
The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Scholarly Works
No abstract provided.
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Faculty Scholarship
No abstract provided.
A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop
A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop
The University of New Hampshire Law Review
[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise …
The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin
Pepperdine Law Review
No abstract provided.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Pepperdine Law Review
No abstract provided.
Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman
Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman
Pepperdine Law Review
No abstract provided.
The Lawyer's Humble Walk, Mark Osler
The Lawyer's Humble Walk, Mark Osler
Pepperdine Law Review
A growing body of literature addresses the role faith plays in the work of many lawyers. This article argues that humility is the defining characteristic of the lawyer of faith.
Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson
Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson
Pepperdine Law Review
No abstract provided.
The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold
The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold
Pepperdine Law Review
No abstract provided.
Ethical Intersections & The Federal Tort Claims Act: An Approach For Government Attorneys, Paul F. Figley
Ethical Intersections & The Federal Tort Claims Act: An Approach For Government Attorneys, Paul F. Figley
Articles in Law Reviews & Other Academic Journals
This article suggests an ethical approach for government attorneys to follow when making decisions in the special context of the Federal Tort Claims Act. It reviews the history and purpose of the FTCA, the Judgment Fund, and the Westfall Act. It examines the swirl of competing interests that arise from the structure of the FTCA, the many defenses it provides, the deep pocket it grants successful claimants, the complete immunity it grants some tortfeasors, and the methods Congress chose for paying its settlements and judgments. It touches on the ethical obligations of government attorneys. It suggests that government attorneys responsible …
Foreword: The New Era- Quo Vadis?, John Sahl
Foreword: The New Era- Quo Vadis?, John Sahl
Akron Law Faculty Publications
The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the …