Law Commons^™

Confidentiality, Conflict Of Interest And Tax Professionals, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.

Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen

Articles

Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.

In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …

Affirmative Action: Diverse Goals, Diverse Policies, Eric Wampler

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

Affirmative Action: A Contradiction Of Theory And Practice, Kimberly Hellmers

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

Introduction, Joseph Ellin

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

The Forgotten Factor: The Economic Principles Of Affirmative Action, Patrick Kinuthia

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

University Policy, Affirmative Action, And The Principles Of Justice, Eric Wampler

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

Affirmative Action: A Vision For Today, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the W.esley Foundation.

Affirming The Affirmative Action Intention, Barbra Jotzke

Center for the Study of Ethics in Society Papers

Presented January 19, 1998 for Martin Luther King Jr. Day at Western Michigan University. Sponsored by the Center for the Study of Ethics in Society, the Department of Philosophy and the Wesley Foundation.

Political Correctness Revisited, Jan Narveson

Center for the Study of Ethics in Society Papers

Presented February 19th , 1998 for the Center for the Study of Ethics in Society

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Cornell Law Faculty Publications

The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram

Cornell Law Faculty Publications

I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious …

Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard

Articles & Chapters

The oversight committee drafted standards and guidelines with the primary goal of creating a yardstick for defense services organizations against which to measure performance and the hope that a practical set of standards serve multiple purposes, including: educating a skeptical public about what it takes to provide quality defense services; promoting an understanding of why adequate funding is necessary (to engender public support for more spending); and providing notice to the organizations themselves of what is expected of a publicly funded defense office.

Professional Responsibility And Liability Issues Related To Limited Liability Law Partnerships, Susan Saab Fortney

Faculty Scholarship

This article surveys the professional responsibility and liability issues related to attorneys practicing in limited liability law firms. Part I of this article provides background information regarding the development of the limited liability partnership (LLP) and its popularity among legal professionals. Part II tackles the 1996 ethics opinion on LLPs rendered by the American Bar Association Standing Committee on Ethics and Professional Responsibility. This article criticizes the ABA opinion by examining the conclusions and reasoning articulated in the opinion, indentifying disciplinary rules that the opinion did not address, and considering the possible effects of the opinion. Part III focuses on …

Mpre Reconsidered, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.

Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56

Law Practice

No abstract provided.

Lawyers' Identities, Client Selection And The Antidiscrimination Principle: Thoughts On The Sanctioning Of Judith Nathanson, Bruce K. Miller

Faculty Scholarship

The Author discusses how the Massachusetts Commission Against Discrimination might justifiably apply the Public Accommodations Statute to the client selection practices of some, perhaps many, lawyers. But it should leave Judith Nathanson alone. Nathanson's decision to represent only women in divorce cases is protected by the First Amendment, not because she is entitled as a lawyer to indulge whatever biases she chooses in her selection of clients, but because, as a lawyer of integrity who has melded her personal values and professional skills in service to the profession's best ideals, she is entitled to represent her chosen clients as she …

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Lawyer Discrimination Against Clients: Outright Rejection--No; Limitations On Issues And Arguments-Yes, Sam Stonefield

Faculty Scholarship

The issue of lawyer discrimination brings new perspectives to traditional topics like the practice of law, the role of the lawyer and the relationship with, and rights of, the client. It forces us to examine the nature of lawyer discretion, the limits of that discretion and the consequences of trying to regulate that discretion. The examinationis a daunting task. This essay offers an approach that attempts to protect both the prohibition against discrimination and the practice of law and to accommodate the tension that necessarily accompanies this effort. It suggests that the best solution is to prohibit lawyers from discriminating …

Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz

Cornell Law Faculty Publications

No abstract provided.

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not foreclose application of a …

Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden

News Articles

No abstract provided.

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Scholarly Works

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …

Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman

Scholarly Articles

During the last ten years billing fraud by lawyers has been recognized as a serious problem that undermines clients' trust of lawyers and the reputation of the profession as a whole. It used to be thought that lawyers who wanted to steal their clients' money would just take money out of the trust account. In recent years it has become clear that dishonest lawyers' methods of misappropriation are far more diverse than that.

The focus of this paper is on billing misconduct by lawyers who contract with their clients to bill by the hour. I will not talk about lawyers …