Law Commons^™

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Articles in Law Reviews & Other Academic Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan

Washington and Lee Law Review

No abstract provided.

Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green

Faculty Scholarship

We who teach legal ethics employ many of the teacher's arts to win our students' appreciation for the course. We do not always succeed. As Deborah Rhode has observed, "[t]here are inherent problems and infinite ways to fail in teaching this subject." Yet, we continue to seek a method for teaching the course effectively. If nothing else, our efforts have led to the development of a substantial body of literature on teaching legal ethics to which this Article will contribute. Its focus is on what, rather than how, to teach. This Article asks: What should be the content of the …

Rules, Story And Commitment In The Teaching Of Legal Ethics, Susan P. Koniak, Roger C. Cramton

Faculty Scholarship

The ABA requires each "approved" law school to provide each student "instruction in the duties and responsibilities of the legal profession." First adopted in August, 1973, in the midst of the Watergate disclosures, this requirement has never been interpreted and is infrequently referred to or enforced in the accreditation process. The professional responsibility requirement is the only substantive teaching requirement imposed by the ABA.

Should the ethics teaching requirement be scrapped? We consider that question in Part I. Although we ultimately conclude the rule should be maintained, we believe this fundamental question must be asked. Given the disdain many legal …

Ethical Commitments, Anthony V. Alfieri

Articles

No abstract provided.

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Articles

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

Faculty Scholarship

In attempting to predict and prescribe the future, my vision of the recent history of legal education differs from Professor Moliterno's in certain relevant ways.

I graduated from Law School in 1967. I learned largely through doctrinal courses that delivered steady training in thinking like a lawyer and information about areas of law. These courses exposed me and my classmates to legal lingo and to the standard types of legal arguments. We learned, largely by hearing the teacher and our fellow students, to make verbal moves and to see the strengths and limitations of others' argumentation skills and techniques. We …

Paying Attention To The Signs, Susan P. Koniak, Geoffrey C. Hazard

Faculty Scholarship

After all our efforts and all Keck's money, where are we? Some good has been accomplished. By committing its resources to the study of legal ethics, the W.M. Keck Foundation has encouraged law schools to pay attention to a subject all too often ignored. That itself is good. The money has made things happen. Schools have held conferences devoted to legal ethics that otherwise would not have been held;¹ schools have experimented with teaching programs in legal ethics that otherwise might have been left untried;' members of the practicing bar have had conversations and debates with academics about the …

Learning By Doing - Preparing Law Students For The Practice Of Law: The Legal Practicum, John O. Sonsteng, Roger S. Haydock

Faculty Scholarship

The MacCrate Report outlined ten skills that are essential for every practicing attorney and should ideally be taught in every law school. The Association of American Law Schools (AALS) concluded that these ten skills cannot be effectively obtained through every law school curriculum because of each school's individual, economic limitations. This article demonstrates how one law school—William Mitchell College of Law, in St. Paul, Minnesota—has , since 1984, incorporated a cost effective Legal Practicum course into its curriculum to help meet the MacCrate Report goal of providing the law student with the opportunity to learn and apply fundamental lawyering skills. …

The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman

Faculty Scholarship

Columbia Law School's ethics course, "The Profession of Law" ("POL"), is an interactive, experiential exploration of lawyer ethics. The course, required for all third-year students, is taught on an intensive basis during the first week of the fall semester. It begins on Monday morning, the first day of the semester, and runs through mid-afternoon on the following Friday. The course has five goals: to introduce students to the rules that govern professional conduct; to help them develop an analytic framework for making ethical decisions in those broad areas where the rules do not give clear answers; to provoke them to …

"Understanding...": Processing Information And Values In Clinical Work, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer

Journal Articles

The Baltimore lawyer and teacher David Hoffman (1784-1854), the father of American legal ethics, was also the first of the systematic American legal educators. He held one of the first appointments in this country as a university law professor (at the University of Maryland, 1814-43) and wrote the first American outline of the study of law. Joseph Story, in a contemporary review of the 1817 Course, called Hoffman's work "an honour to our country[,] . . . by far the most perfect system for the study of the law that has ever been offered to the public. " Chancellor James …

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger

Cleveland State Law Review

My thesis is simple and straightforward. Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school.

On Choosing Clients And Careers: A Speculative Essay On The Problems Of Initial Choice, Joseph P. Tomain

Faculty Articles and Other Publications

This paper deals with the moral dimensions of initial choices of careers and clients. Although the foregoing tale is addressed to the initial choice of career, similar considerations enter into the initial choice of clients. The problems of initial career choice were highlighted because they are more immediate to law students.' In addition, one's choice of career may have a significant effect on future choices of clients.

In order for a lawyer to make an initial choice of either career or client, moral questions of the first rank must be answered. The purpose of this paper is to discuss these …

The Teaching Of Legal Medicine In Medical Schools In The United States, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Legal Ethics And The Law Schools, Bernard C. Gavit

Articles by Maurer Faculty

What Leaders of Movement for Teaching Professional Ethics in the Law Schools Really Have in Mind Is That These Schools Make Some Intelligent and Wholehearted Attempt to Develop Professional Character-What Can Be Done in This Direction by Such Institutions-Bad Effect of Narrow Point of View of Much Teaching in the Past.