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Legal Ethics and Professional Responsibility

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1999

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Articles 1 - 30 of 170

Full-Text Articles in Law

New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy Dec 1999

New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy

William & Mary Annual Tax Conference

No abstract provided.


Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson Dec 1999

Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson

Scholarly Publications

Professor Atkinson hopes William Faulkner’s Intruder in the Dust will replace Harper Lee’s To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protégé try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Finch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself. The first urges us to …


Legal Ethics, Roy M. Sobelson Dec 1999

Legal Ethics, Roy M. Sobelson

Mercer Law Review

This Article covers the rules, cases, ethics opinions, and other matters decided by the Georgia Supreme Court, the Georgia Court of Appeals, and a federal district court between June 1, 1998, and May 31, 1999, that have most affected, or may affect, Georgia lawyers. Many eyepopping headlines about lawyers and their profession filled the survey period. Although very few of the underlying cases made or changed any substantive law, they may well have substantially altered the landscape of lawyering, creating or illuminating various pitfalls and land mines.

One Georgia lawyer, disbarred for murdering his landlord, avoided the death penalty only …


If Deliberative Democracy Is The Solution, What Is The Problem?, Emily Hauptmann Nov 1999

If Deliberative Democracy Is The Solution, What Is The Problem?, Emily Hauptmann

Center for the Study of Ethics in Society Papers

Presented March 18, 1999 for the Center for the Study of Ethics in Society.


It-Cenit, Horacio M. Lynch, Mauricio Devoto Nov 1999

It-Cenit, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En noviembre de 1999, ITCENIT ha publicado un informe que analiza el impacto de las nuevas tecnologías de la información y comunicaciones en la economía de la Argentina. Advierte sobre la oportunidad económica que la Argentina está desaprovechando al no estar preparada para ingresar en la Era de la Información, y del riesgo que corre de quedar notablemente retrasada con respecto a otros países. Este trabajo, resultado de tres años de reflexiones, ha sido especialmente preparado para sugerir ideas al nuevo gobierno que asumía en diciembre de 1999, e incluye una propuesta concreta con el fin de introducir en nuestra …


Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson Oct 1999

Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson

Scholarly Publications

No abstract provided.


Gun Control, Hugh Lafollette Oct 1999

Gun Control, Hugh Lafollette

Center for the Study of Ethics in Society Papers

Presented October 22, 1998 for the Center for the Study of Ethics in Society.


Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson Oct 1999

Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson

Scholarly Publications

No abstract provided.


Clark Memorandum: Fall 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School Oct 1999

Clark Memorandum: Fall 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Public Values And Professional Responsibility, W. Bradley Wendel Oct 1999

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Mediation In The New Mexico Court Of Appeals, Richard Becker Jul 1999

Mediation In The New Mexico Court Of Appeals, Richard Becker

The Journal of Appellate Practice and Process

A mediator gives a summary of the implementation of, procedure relating to, and role of lawyers in the New Mexico Court of Appeals’s mediation program.


Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine Jul 1999

Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine

The Journal of Appellate Practice and Process

The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice Jun 1999

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice

American University Law Review

No abstract provided.


Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr. Jun 1999

Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr.

Washington and Lee Law Review

No abstract provided.


Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan Jun 1999

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

Washington and Lee Law Review

No abstract provided.


The Future Of Governmental Ethics: Law And Morality, Jon L. Mills May 1999

The Future Of Governmental Ethics: Law And Morality, Jon L. Mills

Penn State International Law Review

No abstract provided.


Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson May 1999

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …


The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson May 1999

The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson

Mercer Law Review

The use of lawyers and law professors as commentators continues to increase. Although reporters have long used experts to explain and evaluate, in the last decade legal commentators have become a fixture in news stories about legal proceedings. A decade ago, when the McMartin Preschool case filled the news in Los Angeles, scarcely a commentator was used. A few years later, when the officers who beat Rodney King were tried in state court, daily legal commentary was absent. In sharp contrast, commentators were used on a regular basis during the federal prosecution of those officers. The subsequent trial of two …


A Panel Discussion On A Proposed Code Of Ethics For Legal Commentators May 1999

A Panel Discussion On A Proposed Code Of Ethics For Legal Commentators

Mercer Law Review

Featuring:

  • Raymond M. Brown
  • Paul Butler
  • Erwin Chemerinsky
  • Johnnie L. Cochran, Jr.
  • Laurie L. Levenson
  • John H. McElhaney
  • Barry C. Scheck
  • Mary Tillotson

Moderator: Professor James P. Fleissner


A Ransom Note From The Opposition To The Proposed Rules Of Ethics For Legal Commentators, Raymond M. Brown May 1999

A Ransom Note From The Opposition To The Proposed Rules Of Ethics For Legal Commentators, Raymond M. Brown

Mercer Law Review

Hijack the question!

That is a soupçon of tactical knowledge that every lawyer sojourning on the TV frontier absorbs quickly. In the fast-paced realm of the electronic media, there are limited opportunities to speak. To be effective you must disregard the dictates of politeness ingested at your mother's knee, ignore the question presented, and make your point succinctly. To wit:

Question: Do you think Bill Clinton should be impeached?

Answer: I think the abuse of power by Ken Starr doomed the Office of Independent Counsel and set a dangerous example for a whole generation of prosecutors.

Because the proponents of …


Symposium Introduction, Jennifer L. Motos, Jacob E. Daly May 1999

Symposium Introduction, Jennifer L. Motos, Jacob E. Daly

Mercer Law Review

No abstract provided.


Lawyer Collaboration With Systems Of Evil, Roger Williams University School Of Law Apr 1999

Lawyer Collaboration With Systems Of Evil, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Religion And The Public Defender, Sadiq Reza Apr 1999

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …


Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 1999

Clark Memorandum: Spring 1999, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor Mar 1999

Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor

International Bulletin of Political Psychology

This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.


Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin Mar 1999

Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin

William & Mary Law Review

No abstract provided.


Safeguarding The Heritage, Daniel R. Coquillette Feb 1999

Safeguarding The Heritage, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier Jan 1999

Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier

Richmond Journal of Law & Technology

The Internet is experiencing explosive growth. The global World Wide Web and Internet are being embraced by the legal community at a phenomenal pace. More and more lawyers are using the Web to promote their practices, disseminate information, communicate with clients and prospective clients, conduct legal research, and carry on the practice of law. This growing use of the Web by lawyers, both nationally and internationally, is raising numerous complex ethical questions.


Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin Jan 1999

Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin

Kentucky Law Journal

No abstract provided.


Competent Legal Writing - A Lawyer's Professional Responsibility, Debra R. Cohen Jan 1999

Competent Legal Writing - A Lawyer's Professional Responsibility, Debra R. Cohen

Journal Articles

The legal profession is constantly evolving to keep pace with our increasingly complex society.' Today, the legal profession "is larger and more diverse than ever before." Despite this transformation, "the law has remained a single profession identified with a perceived common body of learning, skills and values." This common body of learning, skills, and values constitutes the fundamental elements of competent representation. Writing is one of the essential skills of competent representation.

"Law is a profession of words." Lawyers use words, both written and oral, in a wide array of contexts-to advise, to advocate, to elicit information, to establish legal …