Law Commons^™

Ethics: Professionalism, Craft, And Failure, James R. Elkins

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Paul C. Van Booven

Kentucky Law Journal

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

Adversary Ethics: More Dirty Tricks, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author provides a primer on the more common forms of cheating employed by trial lawyers. Another purpose is to suggest that there are antidotes that may be administered to curb these abuses, assuming that trial attorneys are alert enough to invoke them, and trial judges are willing to apply them.

Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Law Faculty Scholarly Articles

In the face of persistent criticism of the legal profession, from within as well as without, the Kentucky Supreme Court exhibits a certain degree of ambivalence toward issues of professional responsibility. This ambivalence manifests itself in two ways.

First, the Court's treatment of different categories of professional misconduct seems at times unjustifiably inconsistent. The Court reacts to certain misconduct in an almost uniformly harsh manner, evincing the attitude of a strict disciplinarian for the practicing bar. Occasionally, however, the Court responds to various other kinds of equally gross misconduct with apparently undue leniency. In such cases the Court seems to …

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1969 the Kentucky Supreme Court adopted the American Bar Association's Code of Professional Responsibility as the disciplinary rules binding upon attorneys practicing in the state. The Court adopted the Code as an apparent attempt to provide the Kentucky bench and bar the certainty and guidance offered by a codification of the frequently subjective and occasionally nebulous body of law known as legal ethics. The Court used particular language in its rule adopting the Code, however, which renders uncertain the precise status of the Code in Kentucky. As a result, a conscientious practitioner in Kentucky cannot confidently look to the …

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Whitney Wallingford

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Deedra Benthall

Kentucky Law Journal

No abstract provided.

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …

Kentucky Law Survey: Professional Responsibility, John R. Leathers

Kentucky Law Journal

No abstract provided.

To Copy What Is Right And True Or The Liability Of The Official Court Reporter Who Does Not, Arnold Taylor

Kentucky Law Journal

No abstract provided.

Legal Ability Ratings And The Fair Credit Reporting Act, Stuart M. Vaughan Jr.

Kentucky Law Journal

No abstract provided.

Couch V. United States: The Supreme Court Takes A Fresh Look At The Attorney-Client Privilege--Or Does It?, R. David Lester

Kentucky Law Journal

No abstract provided.

Unauthorized Practice Of Law--The Full Service Bank That Was: Bank Cashier Enjoined From Preparing Real Estate Mortgages To Secure Bank Loans, Maxwell P. Barret Jr.

Kentucky Law Journal

No abstract provided.

Group And Prepaid Legal Services Plans: Kentucky Rules Provide Ethical Standards, David C. Fannin

Kentucky Law Journal

No abstract provided.

Acquiring Interest In Litigation--The Role Of The Contingent Fee, Jerry P. Rhoads

Kentucky Law Journal

No abstract provided.

The Unauthorized Practice Of Law: A Public Relations Problem, Carl Howell Jr.

Kentucky Law Journal

No abstract provided.

Modern Mettle: The Misconstrued Morality, William B. Martin

Kentucky Law Journal

No abstract provided.

Unauthorized Practice Of Law--Mortgage Company's Charging For Attorney's Title Examination, Hugh L. Cannon

Kentucky Law Journal

No abstract provided.

Accounting And The Unauthorized Practice Of Law: Balance Sheet Or Brief?, Robert C. Shelton

Kentucky Law Journal

No abstract provided.

Unauthorized Practice Of Law By Realtors And Title Insurance Companies, William M. Dishman

Kentucky Law Journal

No abstract provided.

Legal Ethics--Disbarment Proceedings--Conviction For Willful Evasion Or Avoidance Of Federal Income Taxes As Grounds, Wilbur D. Short

Kentucky Law Journal

No abstract provided.

A Reading Of The British Statute On Legal Aid And Advice, Warren Freedman

Kentucky Law Journal

No abstract provided.

Study Of Civil Code Of Practice, New Judicial Council And Judicial Conference, Watson Clay

Kentucky Law Journal

No abstract provided.