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Legal Ethics and Professional Responsibility

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1995

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Articles 121 - 129 of 129

Full-Text Articles in Law

To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce Jan 1995

To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce

Faculty Scholarship

As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …

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New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia Jan 1995

New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia

Scholarly Articles

This 1995 Article addresses the question of attorney liability in New York. It begins with a brief introduction to the history of the privity requirement nationally to place the New York question in context. It then traces the scope of attorney liability in New York and examines the state of that law - with its contradictions and inconsistences. This Article proposes a rule for New York courts to consider that centers on the “adversariness” of the client and the third party as the touchstone for determining if expanded liability is appropriate.

This differs from the traditional analysis which bases the …

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Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport Jan 1995

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Scholarly Works

This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.

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Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow Jan 1995

Ethics And The Settlement Of Mass Torts: When The Rules Meet The Road, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The settlement of mass torts through the class action device presents some difficult and troubling issues, including important questions of due process, fairness, justice, efficiency, equality, equity, and ethics. In this context, some of these foundational values conflict with each other and must be "resolved" by judges who must decide actual cases. In analyzing the applicable laws and rules (class action rules, constitutional provisions, and ethics rules) we find answers or suggestions that are often ambiguous or contradictory. All of these unresolved ambiguities raise the question of whether mass torts are any different from any number of difficult cases our …

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Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman Jan 1995

Enriching The Legal Ethics Curriculum: From Requirement To Desire, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

The problem has become all too familiar: Acting at least in part from noble motives, the American Bar Association ("ABA") requires all law students at ABA-accredited law schools to take a course in "professional responsibility." Every accredited school offers a course or courses that enable students to fulfill this requirement. Under these circumstances, the professional responsibility course can easily assume the character of high school drivers' education or health classes: It often becomes an obligatory exercise, in which students think they must woodenly learn the maxims of the ABA Code of Conduct or Rules of Professional Responsibility. Faced with this …

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Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack Jan 1995

Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack

Faculty Scholarship

There are more things of importance to representing clients than are disclosed through a typical interview or counseling session, even a session undertaken by a lawyer earnestly attempting to hear rather than ignore the client. We lawyers are often vividly aware, when we pause to contemplate the point, that we do not know all we should about our clients. We may also believe that we have great gulfs of knowledge and experience to cross in order to hear and understand any particular client. Further, we fear that our ability to cross these gulfs is limited by the human, and lawyerly, …

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The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman Jan 1995

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 …

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Practiced Moral Activism, Paul R. Tremblay Dec 1994

Practiced Moral Activism, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

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Arbitrariedad, Horacio M. Lynch Dec 1994

Arbitrariedad, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.

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