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Articles 1 - 17 of 17
Full-Text Articles in Law
Public Confidence In The Courts In The Internet Age: The Ethical Landscape For Judges In The Post-Watergate Age, Carolyn A. Dubay
Public Confidence In The Courts In The Internet Age: The Ethical Landscape For Judges In The Post-Watergate Age, Carolyn A. Dubay
Campbell Law Review
Promoting and protecting public confidence in government institutions is central to continued faith in the rule of law. As a result, when personal scandals or internal failures threaten public trust in government institutions, policy makers have been quick to respond with new measures to increase accountability for misconduct. In the twentieth century, the Watergate scandal of the early 1970s led to significant changes in accountability for misconduct by high-level public officials and in the legal profession generally. For judges, in the years just prior to Watergate, high-profile scandals involving federal judges also led to significant changes in the regulation of …
Minor's Personal Injury Actions And Settlements In North Carolina, John M. Kirby
Minor's Personal Injury Actions And Settlements In North Carolina, John M. Kirby
Campbell Law Review
This Article addresses the issues that are peculiar to claims of minors in North Carolina. Persons who are the age of majority prosecute and settle claims that raise numerous substantive and procedural issues. These issues can be compounded, however, when the claimant is a minor. The distinct issues that arise with a minor’s claim include: that a minor is often held to a different standard of conduct; that other persons are held to a higher or different standard of conduct toward a minor; that other persons may have a duty to protect the minor; that courts generally protect the interests …
Enlightenment Liberalism, Lawyers, And The Future Of Lawyer-Client Relations, Robert F. Cochran Jr.
Enlightenment Liberalism, Lawyers, And The Future Of Lawyer-Client Relations, Robert F. Cochran Jr.
Campbell Law Review
I am going to address, from a Christian perspective, liberalism's relationship to the role and responsibility of the lawyer. Whether a United States lawyer could define Enlightenment liberalism or not, it is likely that the role he or she plays as an attorney every day was in large part shaped by liberalism's focus on individual autonomy. At the request of the conference organizers, I am also going to reflect on the future of lawyerclient relations.
The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
Campbell Law Review
In May 2009, a bare majority of the Supreme Court of North Carolina decided State v. Rollins, making a serious mistake in privilege law that if applied generally will undermine the valued protections of evidentiary privileges. Ordinarily, few might criticize a ruling admitting statements like those made by the defendant, Mickey Rollins, who indicated his guilt for a homicide. However, Rollins' statements were made to his wife, and under established precedent, those conversations should have been ruled a privileged marital communication.
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Campbell Law Review
Waiver of the attorney-client privilege due to inadvertent disclosure is an important issue that courts and litigants have grappled with for a long time. With electronic discovery becoming increasingly common, and with electronic privilege reviews replacing paper reviews, the issue takes on greater importance. The risk of inadvertently disclosing privileged or protected information is heightened in electronic discovery because of the very nature of electronic information. For example, although a party makes an effort to segregate and delete privileged information from a computer drive prior to producing the electronic documents to the opposing party, the deleted files may still be …
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Campbell Law Review
This article explores a key question for the future of the legal profession: does a paradigm in which each individual state has exclusive control over the practice of law within its borders work in the marketplace of Friedman's "flat world"? Or in today's global economy does state micromanagement of the legal profession so inure to the detriment of lawyers and clients that some form of national licensing is necessary?
Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn
Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn
Campbell Law Review
This Comment will proceed by: (I) comparing state collaborative law statutes; (II) evaluating the current ethical climate surrounding withdrawal agreements in collaborative law; (III) considering the purpose of the withdrawal agreement and how evidentiary safeguards can provide the same incentives; and finally, concluding that statutory evidentiary safeguards eliminate the need for a mandatory withdrawal agreement in the collaborative law setting.
Growing Pains: Changes In Collaborative Law And The Challenge Of Legal Ethics, Christopher M. Fairman
Growing Pains: Changes In Collaborative Law And The Challenge Of Legal Ethics, Christopher M. Fairman
Campbell Law Review
No abstract provided.
The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu
Campbell Law Review
This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …
With Friends Like You, Who Needs A Jury? A Response To The Legitimization Of Conceding A Client's Guilt, Sharon G. Scudder
With Friends Like You, Who Needs A Jury? A Response To The Legitimization Of Conceding A Client's Guilt, Sharon G. Scudder
Campbell Law Review
In response to the potential impact of the Nixon decision on the important Sixth Amendment right to effective counsel for the accused, this comment reviews the current legal standard and then advances two proposals. First, Nixon should be narrowly interpreted, because permitting attorneys to concede guilt without client consent is completely inconsistent with the protections afforded guilty pleas and confessions and further weakens the constitutional protection of effective assistance of counsel. Second, the American Bar Association and state bar associations should specifically require express consent prior to a lawyer conceding a client's guilt as a matter of professional ethics within …
To Speak Or Not To Speak, That Is The Question: The Impact Of Attorney-Client Privilege In Prosecuting The Death Of Dr. Eric Miller, William A. Oden Iii
To Speak Or Not To Speak, That Is The Question: The Impact Of Attorney-Client Privilege In Prosecuting The Death Of Dr. Eric Miller, William A. Oden Iii
Campbell Law Review
No abstract provided.
Creating The Legal Monster: The Expansion And Effect Of Legal Malpractice Liability In North Carolina, Gregory Huffman
Creating The Legal Monster: The Expansion And Effect Of Legal Malpractice Liability In North Carolina, Gregory Huffman
Campbell Law Review
No abstract provided.
The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke
The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke
Campbell Law Review
This article will examine the North Carolina statute and the soundness of this exemption.
Shielding The Plaintiff And Physician: The Prohibition Of Ex Parte Contacts With A Plaintiff's Treating Physician, David L. Woodard
Shielding The Plaintiff And Physician: The Prohibition Of Ex Parte Contacts With A Plaintiff's Treating Physician, David L. Woodard
Campbell Law Review
This Note will first explore the physician-patient privilege and the underlying policies which are often implicated in cases confronting challenges to ex parte interviews. Next, this Note will examine the reasoning from the jurisdictions which permit and those which prohibit ex parte interviews. Finally, this Note will analyze the North Carolina Supreme Court's decision to prohibit ex parte interviews.
Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder
Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder
Campbell Law Review
This Comment will first explore the problems associated with grand jury subpoenas to defense attorneys, and then move on to examine the role of the grand jury in the criminal justice system. The Comment will then survey previous approaches to the problem and their deficiencies, following which it will focus on the new ethical rule and its ramifications for the grand jury process. Finally, it will will suggest alternatives to the current approaches.
Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb
Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb
Campbell Law Review
The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed.
Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick
Breach Of Confidence - The Need For A New Tort - Watts V. Cumberland County Hospital System, Kathryn B. Remick
Campbell Law Review
The right to redress wrongfully disclosed confidences through a separate breach of confidence tort is the topic of this Note. Not all disclosures are actionable wrongs. This Note will deal mainly with extrajudicial disclosures of customarily confidential information and will touch only superficially on testimonial privileges. This Note also will examine the inadequacies of theories advanced by many courts thus far as remedies for wrongful disclosures and the justification for the development of a separate breach of confidence tort in North Carolina.