Law Commons^™

Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler

St. John's Law Review

(Excerpt)

This Article’s theses are premised on two suppositions. First, the primary causes of attorney discipline are nondiligence and incompetence. Similarly, the primary causes of bar exam failure are “poor study habits, weak academic skill development, or low intellectual functioning . . . .” Thus, it is reasonable to assume that lawyers who fail the bar exam are more likely to be disciplined as attorneys. Second, there is statistical and anecdotal evidence linking the failure of entrance exams and subsequent professional discipline in other occupations. It is plausible, therefore, that such a link exists in the legal profession.

A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren E. Bartlett

St. John's Law Review

(Excerpt)

Part I of this Article argues that the lack of moral aspiration in legal ethics rules helps contribute to unhappy and unhealthy law students and lawyers, undermining the legal profession. Part II reviews the existing rules and standards that guide the ethical behavior of lawyers in the United States, arguing that all too often the binding rules focus on providing guide posts, signaling where behavior is unacceptable and disciplinary action is possible, instead of providing moral aspiration and options or next steps to describe what a lawyer should do to deal with an ethical dilemma.

Part III of this …

Combating Professional Error In Bankruptcy Analysis Through The Design And Use Of Decision Trees In Clinical Pedagogy, Timothy R. Tarvin

St. John's Law Review

(Excerpt)

This Article will address the positive impact of using the decision tree model in four parts. Part I will provide a historical overview of the evolution of legal education and the profession’s call for more experiential education, both generally and specifically, through clinical training and the use of technology. This Section will provide context and argue that the use of decision trees in the clinical setting is the natural culmination of the legal academy’s goals of teaching analytical skills, preparing graduates for practice, and incorporating new technology into the practice of law.

Part II will describe the legal malpractice …