Law Commons^™

The Ethics Of Criminal Defense, William H. Simon

Michigan Law Review

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil do not …

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

Decency At The Bar

Michigan Law Review

One day, during the trial of the notorious Al Capone in the Federal Building in Chicago, immediately after an adjournment, officers stepped up to a man by the name of D'Andrea in the corridor outside the court room and removed from his person a business-like looking gun. The gentleman so unburdened is said to have been Mr. Capone's bodyguard, his attendant inside and outside the court room. After that, Mr. Capone had to get along without that particular guardian, for Judge Wilkerson, before whom the trial was conducted, ordered the henchman confined in jail. After the main case had been …

Cases On Procedure Annotated. Trial And Appellate Practice, Edson R. Sunderland

Books

“A dozen years ago the present editor published a case-book for law school use on Trial Practice. It was then a subject unknown in the law school curriculum. But in the years that have passed the teaching of trial practice has become a common feature in American legal education….

The editor’s earlier volume on Trial Practice has not been incorporated in the present book, but that subject has been entirely reorganized and rewritten. Legal Ethics in connection with trial work has been treated more adequately, new sections on the Verdict and Judgment have been added, certain topics, such as Instructing …