Digital Commons Network^™

Govern Yourself Accordingly: Crafting Effective Demand Letters, Jason G. Dykstra

Jason Dykstra

An effective demand letter can expediently resolve a dispute without litigation. But a poorly conceived demand letter can accelerate a dispute toward litigation and even generate negative publicity. Like all correspondence, demand letters need to be tailored in tone and content for varied audience, both the intended recipient and other foreseeable recipients.

Beyond the intended recipient, the audience for a demand letter could encompass insurance adjusters, in-house counsel, and perhaps even the public via social media or press coverage. Therefore, an effective demand letter should not only be polite but firm, but also tell a persuasive story that evokes incredulity …

Professionalism And Ethics Section Takes Its Turn, Jodi Nafzger

Jodi Nafzger

Membership in [the Professionalism and Ethics Section of the Idaho State Bar] provides Idaho attorneys an opportunity to work closely with colleagues who share a vision for a profession that embodies personal courtesy and professional and ethical integrity. We are fortunate to practice law in a state that values this vision, and we invite you to attend our CLEs [Continuing Legal Education] and join our membership. [excerpt]

A Taxonomy Of Lawyer Regulation, Russell G. Pearce, Noel Semple, Renee Newman Knake

Noel Semple

What explains the dramatic contrast between legal services regulation in the United States and anglophone Canada, on one hand, and England/Wales and Australia, on the other? In order to help explain these divergent regulatory choices, and to further comparative analysis, this Essay proposes a taxonomy of theories of legal services regulation drawn from these common-law jurisdictions. Although most jurisdictions employ a combination of approaches, as well as some hybrid methods, the Essay identifies the two dominant perspectives: (1) the professionalist-independent framework, predominate in anglophone North America, and (2) the consumerist-competitive framework found in the common law jurisdictions of Northern Europe …

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Clark D. Cunningham

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …

Learning Professionalism In Practice, Shelley M. Kierstead, Erika Abner

Shelley M. Kierstead

This paper describes exploratory research into learning professionalism, ethics and civility in the legal workplace. We begin by setting out the issue as described by scholars, regulators, insurers, courts, and practicing lawyers, then examine the literature on developing a professional identity through learning at work. We employed a focus group method to gather data on the issues that practicing lawyers experience during their working day, as well as how they learn to define, identify, and manage these professionalism and ethical issues.

A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell

Ray W Campbell

The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.

These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At …

The Promise Of Adulthood, Philip M. Ferguson, Dianne L. Ferguson

Philip M. Ferguson

"How do we assure ourselves that [our severely disabled son] Ian is somehow contributing to all the choices that get made about what constitutes a good adult life for him? We have created new options for Ian and others as we have struggled to answer these ques-tions. We have also increased our understanding of what it means for someone who has a variety of severe disabilities to be adult."

Making Civility Democratic, Amy R. Mashburn

Amy R. Mashburn

Historically, the concept of civility has been bound up with undemocratic notions of hierarchy and deference. Using insights from studies of civility by social psychologists, linguists, sociologists, historians, and political theorists, this article advances the theory that the legal profession’s self-consciously isolating professionalism ideology allows judges and disciplinary tribunals to apply deference-based notions of civility in their decisions to sanction lawyers. This theory would predict that the lawyers most likely to be sanctioned for incivility and rudeness are those from whom society expects the most deference. To test this theory, the author conducted an empirical study of every available case …

Awareness And The Legal Profession: An Introduction To The Mindful Lawyer Symposium, Leonard L. Riskin

Leonard L Riskin

This article introduces the Mindfulness Symposium, which includes five articles that developed out of the Mindful Lawyer Conference held at U. California-Berkeley in 2010. The article explains mindfulness and its growing importance in the legal profession, situates it among other curricular innovations, summarizes the articles in the symposium, describes other mindfulness curriculum developments, and offers resources.

Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Clark D. Cunningham

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …

Professionalism For The 21st Century: Independence In Context, Rebecca Roiphe

Rebecca Roiphe

Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …

Professionalism And Social Networking: Can Patients, Physicians, Nurses, And Supervisors All Be ‘Friends’?, Joy Peluchette, Katherine Karl, Alberto Coustasse, Philip Rutsohn, Dennis Emmett

Alberto Coustasse, DrPH, MD, MBA, MPH

This study examines the use of Facebook by certified nurse anesthetist students. Our results showed that, contrary to expectations, most were neutral about faculty, physicians, and supervisors viewing their Facebook profiles but expressed concerns about patients seeing such information. Many (30%) of our respondents had observed unprofessional content posted on the social network sites of their classmates including: intoxication or substance abuse, profanity, sexually suggestive photos or comments, and negative work-related comments. A vast majority indicated they would accept a ‘friend’ request from their supervisor and a physician but not a patient. Surprisingly, about 40% had initiated a ‘friend’ request …

A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho

Jeremiah A. Ho

Review of Teaching Law: Justice, Politics, and the Demands of Professionalism. By Robin L. West. Cambridge and New York: Cambridge University Press. 2014. Pp. 246. Cloth, $90; paper, $32.99.

Training The Superstar Associate: Teaching Workplace Professionalism In Legal Writing Courses, Sarah J. Morath, Elizabeth Shaver

Sarah J Morath

This article details efforts to increase the professional workplace skills of law students by teaching professionalism skills in a first-year legal writing course. The article describes a series of videos that demonstrate how a new lawyer’s professional attributes and attitude can create either a positive or a negative impression on a supervising attorney. Nine “what not to do” videos highlight certain types of unprofessional behavior, much of which has been personally observed among students in first-year legal writing courses. The “what not to do” videos are juxtaposed with one “what to do” video that is designed to illuminate exemplary professionalism …

The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Professionalism And Social Networking: Can Patients, Physicians, Nurses, And Supervisors All Be `Friends'?, Joy V. Peluchette, Katherine Karl, Alberto Coustasse, Phil Rutsohn, Dennis Emmett

Alberto Coustasse, DrPH, MD, MBA, MPH

This study examines the use of Facebook by certified nurse anesthetist students. Our results showed that, contrary to expectations, most were neutral about faculty, physicians, and supervisors viewing their Facebook profiles but expressed concerns about patients seeing such information. Many (30%) of our respondents had observed unprofessional content posted on the social network sites of their classmates including: intoxication or substance abuse, profanity, sexually suggestive photos or comments, and negative work-related comments. A vast majority indicated they would accept a ‘friend’ request from their supervisor and a physician but not a patient. Surprisingly, about 40% had initiated a ‘friend’ request …

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.

Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver

Marjorie A. Silver

By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.

Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin

Patricia E. Salkin

This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.

Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin

Patricia E. Salkin

This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.

Professionalism And Social Networking: Can Patients, Physicians, Nurses, And Supervisors All Be `Friends'?, Joy V. Peluchette, Katherine Karl, Alberto Coustasse, Phil Rutsohn, Dennis Emmett

Alberto Coustasse, DrPH, MD, MBA, MPH

This study examines the use of Facebook by certified nurse anesthetist students. Our results showed that, contrary to expectations, most were neutral about faculty, physicians, and supervisors viewing their Facebook profiles but expressed concerns about patients seeing such information. Many (30%) of our respondents had observed unprofessional content posted on the social network sites of their classmates including: intoxication or substance abuse, profanity, sexually suggestive photos or comments, and negative work-related comments. A vast majority indicated they would accept a ‘friend’ request from their supervisor and a physician but not a patient. Surprisingly, about 40% had initiated a ‘friend’ request …

Professionalism And Social Networking: Can Patients, Physicians, Nurses, And Supervisors All Be "Friends?", Joy Peluchette, Katherine Karl, Alberto Coustasse, Dennis Emmett

Alberto Coustasse, DrPH, MD, MBA, MPH

The purpose of this study was to examine the use of social networking (Facebook) among nurse anesthetists. We examined whether they would have concerns about their supervisor, patients, or physicians seeing their Facebook profile. We also examined their attitudes related to maintaining professional boundaries with regard to the initiation or receipt of Facebook "friend" requests from their supervisor, patients, or physicians they work with. Our respondents consisted of 103 nurses currently enrolled in a graduate-level nurse anesthetist program. All respondents had a minimum of 2 years of work experience in critical care nursing. Most respondents were found to be neutral …

Silence Is Golden: Using A "Silent Scrolling Powerpoint" Series To Enhance Your Course Dynamic, Julia M. Glencer Professor

Julia M. Glencer

This article explores the use of an alternative teaching tool in a law school classroom as a method of inspiring law students and prompting excited engagement in both the underlying course and the legal profession. The author, a seven-year Legal Research & Writing Professor, first explains how she has used the automatic advance feature in Microsoft PowerPoint to create a semester series of weekly “Silent Scrolling PowerPoints,” 5 to 7 minutes in length, on a variety of topics of interest and inspiration to her first-year law students. She then summarizes the six benefits observed while experimenting with this tool over …

Australian Medical Students' Perceptions Of Professionalism And Ethics In Medical Television Programs, Roslyn Weaver, Ian G. Wilson

Ian G Wilson

Background: Medical television programs offer students fictional representations of their chosen career. This study aimed to discover undergraduate medical students’ viewing of medical television programs and students’ perceptions of professionalism, ethics, realism and role models in the programs. The purpose was to consider implications for teaching strategies. Methods: A medical television survey was administered to 386 undergraduate medical students across Years 1 to 4 at a university in New South Wales, Australia. The survey collected data on demographics, year of course, viewing of medical television programs, perception of programs’ realism, depiction of ethics, professionalism and role models. Results: The shows …

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Patricia E. Salkin

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …

Law Firm Ethics In The Shadow Of Corporate Social Responsibility, Christopher J. Whelan

Christopher J Whelan

Corporate clients, and in particular global corporations, are gaining influence and control of law firm practices in ways that would have been unthinkable in the past. Through various mechanisms, such as ‘Outside Counsel Guidelines,’ ‘Codes of Practice’ and the like, corporate clients set standards which lawyers are expected to follow. We have examined over 20 sets of Guidelines and conducted over 20 interviews with outside, in-house and general counsel.

The topics incorporated in the guidelines vary to a great extent. However, while some clearly protect the direct and immediate interests of the client – provisions relating to billing and conflicts …

A Review Of The Professionalization Of The Software Industry: Has It Made Software Engineering A Real Profession?, Heng Ngee Mok

Heng Ngee Mok

Every industry strives to be called a "profession", and software engineering is no exception. This paper attempts to define "profession" from three different perspectives and provides a chronological narration of the professionalization efforts of major IT bodies such as the IEEE Computer Society, Association of Computing Machinery and British Computer Society to promote software engineering from "occupation" to "profession". The outcome of this professionalization process is then examined against the three vastly different definitions of "profession" to qualitatively gauge the success of the professionalization process.