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Full-Text Articles in Law
A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel
A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel
Michigan Telecommunications & Technology Law Review
The purpose of this Note is to investigate those rules of ethics which interact with attorney blogs, placing a special emphasis on advertising rules. The central finding is that, under the Supreme Court's current First Amendment jurisprudence, attorney blogs (or, more cleverly, "blawgs") are not subject to regulation by the ethics codes of the ABA or the various state bars. Furthermore, if the Supreme Court were to, for some reason, construe blawgs as falling outside of First Amendment protection, evidence suggests that regulating this new medium would be neither desirable nor effective. Part II outlines the historical framework which underlies …
The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson
The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson
All Faculty Scholarship
The practice of law is changing. Lawyers who act solely as advocates and zealous representatives of clients in legal matters still represent the core of what lawyers do and of how many lawyers see their work, but other trends are filtering into "on the ground" practice. Increasing numbers of lawyers are mediating, consulting on traditionally non-legal issues, and approaching clients' needs "holistically" by associating with and integrating other professional services. These trends cut across virtually all segments of the profession, from prosecutors and criminal defense lawyers, to lawyers whose practices involve, among other things, public interest work, personal injury, family …
Sentencing: Where Case Theory And The Client Meet, Kimberly A. Thomas
Sentencing: Where Case Theory And The Client Meet, Kimberly A. Thomas
Articles
Criminal sentencing hearings provide unique opportunities for teaching and learning case theory. These hearings allow attorneys to develop a case theory in a context that both permits understanding of the concept and, at the same time, provides a window into the difficulties case theory can pose. Some features of sentencing hearings, such as relaxed rules of evidence and stock sentencing stories, provide a manageable application of case theory practice. Other features of sentencing hearings, such as the defendant's allocution, require an attorney to contend with competing "case theories," and as a result, to face the ethical and counseling challenge of …
Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer
Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer
Journal Articles
This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house rather than …
Sustainable Professionalism, Trevor C. W. Farrow
Sustainable Professionalism, Trevor C. W. Farrow
Osgoode Hall Law Journal
This article challenges traditional visions of lawyering by building on current alternative narratives and articulating a new discourse of professionalism that is personally, politically, ethically, economically, and professionally sustainable. It is a discourse that makes space for lawyers' principles, interests, and life preferences by balancing them with other important interests (including, but not dominated by, those of clients). It is a discourse that seeks to make good on aspirational promises of equality, access to justice, and protecting the public interest. And it is a discourse that takes seriously obligations to, as well as benefits from, the culturally complicated makeup of …
The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As 'Service Providers', Laurel S. Terry
The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As 'Service Providers', Laurel S. Terry
Laurel S. Terry
In the past fifty years, one has heard debates about whether law is a business, a profession, or both, what these terms mean and whether it matters. Regardless of what one thinks about these debates, there is a new paradigm that must be added to the mix, which is the paradigm of lawyers as "service providers." In the "service providers" paradigm, the legal profession is not viewed as a separate, unique profession entitled to its own individual regulations, but is included in a broader group of "service providers," all of whom can be regulated together. This new paradigm represents a …