Law Commons^™

The Lawyer's Dirty Hands, Leslie C. Griffin

Scholarly Works

No abstract provided.

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Scholarly Works

This article discusses the tension between the lawyer's duty to her client and her duty to the legal system as an officer of the court. It concludes that, in a situation in which those two duties conflict, the lawyer's duty to the system as a whole should trump the duty to the client.

Courage In The Holocaust, Lawrence Raful

Scholarly Works

No abstract provided.

Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff

Scholarly Works

The purpose of this article is to provide a starting point for discussion of ethical issues related to the practice of Medicaid estate planning. The authors explore the history of attorney involvement in planning and financing long-term care. They also analyze how the ABA Model Rules of Professional Conduct address the ethical dilemmas that arise in practice, using a case study to illustrate some of these issues. The individual authors' perspectives on this practice differ with respect to certain issues. One is a former Legal Services lawyer, and the other has a private practice which focuses on Medicaid estate planning.

Turning And Turning In The Widening Gyre: The Problem Of Potential Conflicts Of Interest In Bankruptcy, Nancy B. Rapoport

Scholarly Works

This article is the first in a series of articles discussing the problem of conflicts of interest in bankruptcy cases. It argues that the traditional means for discovering and handling conflicts of interest - based on state-law ethics rules - fundamentally misconceives the problem in a bankruptcy context. State law ethics rules presume that the parties are always in static positions; in bankruptcy law, alliances shift all the time. The article proposes a possible method of handling potential conflicts of interest in bankruptcy cases.

Profit, Progress And Moral Imperatives, Deborah W. Post

Scholarly Works

No abstract provided.

Introduction (Symposium On Municipal Liability), Patricia E. Salkin

Scholarly Works

No abstract provided.

Honoring The Law In Communities Of Force: Wildman And Terrell's Teleology Of Practice, Linda H. Edwards, Jack L. Simmons

Scholarly Works

When King & Spalding publicly reflects upon itself, through its Managing Partner and its Director of Professional Development, it has improved our profession. All of us profit when a powerful law firm searches for itself. But reflection alone, as Terrell and Wildman know, does not improve the professionalism or the morality of our practice. In order for reflection to work this way it must be based upon a good teleology. Terrell and Wildman offer a teleology of practice in which lawyers are to become people who honor the law. This is justified, they tell us, because the law alone holds …

Where Were The Lawyers?, Mary E. Berkheiser, Ed Hendricks

Scholarly Works

In March 1992, the Office of Thrift Supervision sent shock waves through the legal community when it initiated a $275 million enforcement actions against New York’s Kaye, Scholer, Fierman, Hays & Handler and froze the firm’s assets, all based on the firm’s alleged misdeeds in representing the now-defunct Lincoln Savings & Loan. The OTS action, together with the recent spate of prefessional liability suits by the Resolution Trust Corporation and the Federal Deposit Insurance Corporation, raises questions with far-reaching consequences for the legal profession. Perhaps most disturbing, particularly in light of the OTS’s unprecedented assault on Kaye, Scholer, is the …

Legal Malpractice, Professional Discipline, And Representation Of The Indigent Defendant, Richard Klein

Scholarly Works

No abstract provided.

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel

Scholarly Works

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers' services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have …

Ptolemaism In The Law And Concomitant Needs For Scientific Study Of The Legal System, Fredrick W. Huszagh

Scholarly Works

Traditional law review and text development efforts ensure the internal integrity of the law system. This article has attempted to explore research approaches that can improve the quality and quantity of the linkages between the law and other systems. Inherent in the approaches advocated with the physical science, social science and humanistic disciplines.

Constructive reliance on other disciplines, however, is not easily achieved, since the parts of each major discipline are so disparate and their yearly achievements so substantial. In most instances, their import for the law system cannot be fully grapsed by law scholars, even if they are trained …

Legal Malpractice: A Calculus For Reform, Fredrick W. Huszagh, Donald W. Molloy

Scholarly Works

Our most distinguished professions do not maintain congruency between membership standards and actual performance. This deficiency is manifest; spiraling malpractice litigation witnesses a substantial increase in both the number of suits and the amount of recovery. Neither the professions nor public can long endure this trend. Governmental and possibly lay intervention in profession affairs is imminent unless the professions move decisively to understand better the dynamics of malpractice and do excise its causes. This article examines professional malpractice and existing responses to it, relates various cases in a calculus that can be employed to anticipate systemic patterns of malpractice, and …

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …