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Legal Ethics and Professional Responsibility

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1997

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Articles 1 - 30 of 54

Full-Text Articles in Law

Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello Dec 1997

Executing Rapists: A Reluctant Essay On The Ethics Of Legal Scholarship, Michael Mello

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti Oct 1997

Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti

University of Miami Law Review

No abstract provided.


Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra Sep 1997

Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra

BYU Law Review

No abstract provided.


Lawyer,Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearingon Professionalism , Susan Daicoff Jun 1997

Lawyer,Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearingon Professionalism , Susan Daicoff

American University Law Review

No abstract provided.


Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner Jun 1997

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Washington and Lee Law Review

No abstract provided.


Limiting Lawyer Liability In West Virginia, Michael T. Escue Jun 1997

Limiting Lawyer Liability In West Virginia, Michael T. Escue

West Virginia Law Review

No abstract provided.


Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector Jun 1997

Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector

Michigan Law Review

Among the myriad rules and statutes designed to curb litigation abuse, Rule 11 of the Federal Rules of Civil Procedure ("FRCP") is "the most widely used and most controversial of the sanctions rules." The increased use of Rule ll during the last fifteen years and the recent proliferation of fee-shifting provisions in federal statutes4 have led to an onslaught of motions for attorney's fees in the federal district courts. Simultaneously, these courts are seeing an increasing number of pro se litigants appear before them. The confluence of these two trends has produced the seemingly paradoxical result of pro se parties …


The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel May 1997

The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel

BYU Law Review

No abstract provided.


The Legal Advice Requirement Of The Attorney-Client Privilege: A Special Problem For In-House Counsel And Outside Attorneys Representing Corporations, Grace M. Giesel May 1997

The Legal Advice Requirement Of The Attorney-Client Privilege: A Special Problem For In-House Counsel And Outside Attorneys Representing Corporations, Grace M. Giesel

Mercer Law Review

The attorney-client privilege protects certain communications between attorney and client from compelled disclosure. The privilege applies to clients who are individuals as well as to corporate clients. The lawyers providing legal services to corporations may be outside attorneys who are employees of law firms. Many corporations, however, rely on in-house attorneys for many, if not all, of their legal needs. Often, in-house attorneys have official responsibilities that involve them in the management of the company. Even if the attorneys do not have official nonlegal responsibilities, the corporation may seek the opinion of inhouse attorneys with regard to all sorts of …


Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell Apr 1997

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Washington Law Review

This Article explores the attorney's duty of confidentiality in the context of environmental dangers, examining the history and purpose of the duty and the model ethical rule that controls issues of confidentiality, Rule 1.6 of the Model Rules of Professional Conduct ("Model Rules"). Important scholarship has criticized Model Rule 1.6, but that scholarship has not explored the effects of the Rule in the area where the stakes are highest: environmental catastrophes. The Article analyzes the Rule's text, commentary, and legislative history and discusses the two predominant views of the attorney in our society, the attorney as champion and as officer …


Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein Mar 1997

Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.


Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes Mar 1997

Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes

Washington and Lee Law Review

No abstract provided.


The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell Mar 1997

The Naked Emperor: A Corporate Lawyer Looks At Rupa's Fiduciary Provisions, Lawrence E. Mitchell

Washington and Lee Law Review

No abstract provided.


"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal Mar 1997

"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal

Washington and Lee Law Review

No abstract provided.


Organizational Determinants Of Law Firm Integration , Elizabeth Chambliss Feb 1997

Organizational Determinants Of Law Firm Integration , Elizabeth Chambliss

American University Law Review

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Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …


Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto Feb 1997

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …


Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn Feb 1997

Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn

Michigan Law Review

Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …


The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr. Feb 1997

The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …


Character And Fitness Requirements For Bar Admission In New York, Avrom Robin Jan 1997

Character And Fitness Requirements For Bar Admission In New York, Avrom Robin

Touro Law Review

No abstract provided.


Annual Survey Of Virginia Law: Professional Responsibility, James M. Mccauley, Michael L. Rigsby Jan 1997

Annual Survey Of Virginia Law: Professional Responsibility, James M. Mccauley, Michael L. Rigsby

University of Richmond Law Review

On October 18, 1996, the Virginia State Bar Council (Council) approved a change in the format of the Code of Professional Responsibility (Code) from canons, disciplinary rules, and ethical considerations to the Model Rules of the American Bar Association (Model Rules). The first twenty-one rules, Model Rules 1.1 through 2.5, were approved in substance with some amendments at the Council's meeting on June 19, 1997. This approval represents approximately one-third of the conversion from the Code to the Model Rules. The second installment of the conversion was approved by Council at its October 1997 meeting. Notwithstanding Council's approval of this …


The 1996 Florida Administrative Procedure Act's Attorney's Fees Reforms: Creating Innovative Solutions Or New Problems?, Elizabeth C. Williamson Jan 1997

The 1996 Florida Administrative Procedure Act's Attorney's Fees Reforms: Creating Innovative Solutions Or New Problems?, Elizabeth C. Williamson

Florida State University Law Review

No abstract provided.


Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat Jan 1997

Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat

UIC Law Review

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor Jan 1997

Right To Counsel, Supreme Court, Appellate Division Second Department, People V. Taylor

Touro Law Review

No abstract provided.


University Of Richmond Law Review Jan 1997

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo Jan 1997

Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo

UIC Law Review

No abstract provided.


This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal Jan 1997

This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal

UIC Law Review

No abstract provided.


Washington Legal Foundation V. Texas Equal Access To Justice Foundation: Is There An Iota Of Property Interest In Iolta, Brennan J. Torregrossa Jan 1997

Washington Legal Foundation V. Texas Equal Access To Justice Foundation: Is There An Iota Of Property Interest In Iolta, Brennan J. Torregrossa

Villanova Law Review

No abstract provided.


The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney Jan 1997

The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney

St. Mary's Law Journal

Because lease royalty clauses, which establish the obligation of the lessee to pay royalties to the lessor, generally fail to include the details necessary to calculate a lessor’s royalty, lessee or third party purchasers historically have implemented a division order. An additional document in the payment process, the division order protects against a lessee or third party purchaser’s liability for conversion or failure to account properly. Recent court of appeals and Supreme Court of Texas opinions provide an analysis of the interaction of the lease royalty clause and the division order under Texas statutory and case law. The awkward wording …


Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant Jan 1997

Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant

St. Mary's Law Journal

The legacy of immigration to the United States permeates the debate over current immigration policy. Because our self-definition as a nation is at stake in this debate, the issue of immigration arouses our deepest sentiments regarding the communities in which we live. We do not need to search far back in our history to find examples of imprudent law-making. Both the 1924 and 1925 immigration laws were motivated in large part by purposes which eventually undermined the principles on which they rested. These acts serve as prime examples of how employing erroneous reasons to enact even well-intentioned laws can be …