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Articles 31 - 41 of 41
Full-Text Articles in Law
The Pursuit Of A Client's Interest, Warren Lehman
The Pursuit Of A Client's Interest, Warren Lehman
Michigan Law Review
There has been recently a resurgence of interest in how the lawyer serves his client. Much of that interest has been occasioned by the indigestibility of the idea that the lawyer is, as it is said, a hired gun. There are those who think that instead the lawyer ought to act toward his client as a therapist. Others are concerned with rationalizing for the lawyer the ethical discomforts of servantship (which many might guess have been brought to the fore by Watergate). Yet others see the client as victim of a structure - represented by the lawyer - that frustrates …
The Corporate And Securities Adviser, The Public Interest, And Professional Ethics, Simon M. Lorne
The Corporate And Securities Adviser, The Public Interest, And Professional Ethics, Simon M. Lorne
Michigan Law Review
It is the thesis of this Article that we, as a society, need to make deliberate decisions about the proper role of the corporate adviser, and, when that function has been defined, to develop a structure within which it can be performed. As the Article makes clear, the logical choices involve what might be described as either revolutionary change or reactionary change. That is, the current trends should either be accelerated or reversed; the present situation is intolerable. While the author will contend that the case for shifting into reverse is more persuasive, getting into a gear, and out of …
Attorney Misappropriation Of Clients' Funds: A Study In Professional Responsibility, Gregory Dunbar Soule
Attorney Misappropriation Of Clients' Funds: A Study In Professional Responsibility, Gregory Dunbar Soule
University of Michigan Journal of Law Reform
The legal profession has initiated disciplinary processes and clients' security funds in order to achieve certain objectives. This article will delineate these objectives and evaluate whether they have been satisfied. Moreover, it will propose additional goals that the legal profession, given its present status as a self-regulating profession, should attain in satisfying its responsibility for governing the professional conduct of its members. Finally, additional measures that several states have instituted in order to complement the efforts of disciplinary agencies and clients' security funds by fulfilling unsatisfied needs of professional responsibility will be examined.
The Other Government, Daniel D. Polsby
The Other Government, Daniel D. Polsby
Michigan Law Review
A Review of The Other Government by Mark J. Green
The Code Of Professional Responsibility In The Corporate World: An Abdication Of Professional Self-Regulation, Carl A. Pierce
The Code Of Professional Responsibility In The Corporate World: An Abdication Of Professional Self-Regulation, Carl A. Pierce
University of Michigan Journal of Law Reform
The American Bar Association's Code of Professional Responsibility (Code or CPR) provides the foundation for the regulation of the legal profession by the members of the profession themselves. Although the drafters of the CPR have described it as a body of fundamental ethical principles applicable to all lawyers regardless of the nature of their professional activities, this article examines the vitality of the CPR and professional self-regulation in one particular area of lawyers' activities: corporate practice? The article suggests that the legal profession has abdicated its self-regulatory role, discusses the consequences of this abdication, and advances some alternatives to remedy …
Attorneys' Conflicts Of Interest In The Investment Company Industry, Farrell C. Glasser
Attorneys' Conflicts Of Interest In The Investment Company Industry, Farrell C. Glasser
University of Michigan Journal of Law Reform
This article explores the problem of conflicts of interest resulting from the retention of the same attorneys by investment companies and their affiliates. After an analysis of the problem, it suggests appropriate remedial measures that could be instituted to prevent these conflicts from occurring in the investment company industry.
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
Articles
Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
Other Publications
Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …
Reinstatement Of Disbarred Attorney, Edson R. Sunderland
Reinstatement Of Disbarred Attorney, Edson R. Sunderland
Articles
The petitioner asked to be reinstated. The court, excepting Justice Fellows, who concurred in the result but expressed no opinion, said they would be glad to reinstate him but for the fact that he was a non-resident, which in their opinion made him ineligible, but they gave their endorsement of his good character by vacating the order of disbarment. The questions which occur are these: 1. Did the court have the power to vacate its order of disbarment after the time for opening, amending or vacating judgments had passed? 2. Did the vacation of the order of disbarment operate ipso …
The Proposed Code Of Legal Ethics For The American Bar Association, Henry M. Bates
The Proposed Code Of Legal Ethics For The American Bar Association, Henry M. Bates
Articles
The effort of the American Bar Association to frame and adopt a code of legal ethics is deserving of more attention from American lawyers than it is receiving. The adoption of such a code has been under consideration for several years. In 1905 the Association at its annual meeting instructed its committee to report at the meeting to be held in the next year upon "the advisability and practicability" of the adoption of such a code. In pursuance of these instructions the committee reported that in its judgment the adoption of such a code was not only advisable, but highly …
Disbarment Or Suspension Of Attorney, Harry B. Hutchins
Disbarment Or Suspension Of Attorney, Harry B. Hutchins
Articles
The decision of the Supreme Court of Oregon in the case of State ex rel Grievance Committee of State Bar Association v. Tanner, rendered Jan. 12, 19O7, 88 Pac. Rep. 301, is of sufficient importance to merit brief notice. The proceeding was instituted by the grievance committee of the State Bar Association for the removal from practice of the defendant, an attorney at law, under a statute of the State that provides for the removal or suspension of an attorney from practice by the Supreme Court "upon his being convicted of a felony or of a misdemeanor involving moral turpitude."