Law Commons^™

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein

San Diego Law Review

This Article develops a question that intrigued Fred: prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and why prosecutors resist allowing DNA testing and, more startlingly, deny the obvious implications of DNA evidence when that evidence exonerates the convicted.

Part II of this Article briefly summarizes two of Fred’s major articles on the subject of prosecutorial ethics. Part III documents the problem of postconviction DNA exonerations and prosecutors’ varied reactions. …

Tribute To Professor Fred Zacharias, Michael J. Perry

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce

San Diego Law Review

This Article offers an alternative dialogue approach. Rather than view the issue of explaining confidentiality either as a strategy for gaining client trust or an obligation necessary to comply with certain legal obligations, we propose understanding it as a key element in creating a relationship of dialogue grounded in honesty and mutual respect.

In doing so, we build on the work of the late Fred Zacharias, whose scholarship in this area provides both pathbreaking empirical insights and unwavering commitment to respecting client dignity. Among Zacharias’s contributions are his oft-cited empirical study suggesting that lawyers wrongly assume that clients would not …

Fred Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent, Randy Lee

San Diego Law Review

This Article seeks to embrace Professor Zacharias’s call for lawyers to consider more deeply what it means for a lawyer—and here particularly a government lawyer—to do justice. In so doing, it recognizes two parameters that Professor Zacharias wisely established for this task: first, that lawyers need direction that is concrete in how to behave as lawyers; and second, that lawyers can understand “justice,” “fairness,” and “truth” to be amorphous concepts and that lawyers may even attempt to define those terms with equally amorphous words. This Article also recognizes, however, that although justice, fairness, and truth can be reduced to abstraction, …

Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

San Diego Law Review

This Article will carry on Professor Zacharias’s profound insights and prophecies by examining the trends in direct regulation of attorneys through federal law, with a particular focus on expanding agency regulation. We will also touch on international trends that draw on federal treaty obligations to implement international norms of attorney conduct.

Fred Z., David Mcgowan

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine

San Diego Law Review

This essay delineates a three-tiered approach that incorporates not only the lawyer’s duty to the client and to society, but also the lawyer’s obligation to take into consideration the duty to self, which includes fidelity to the lawyer’s personal ethical values and commitments. In addition, rather than placing the various interests in hierarchical opposition, requiring that one duty invariably prevail over the others, the three-tiered approach looks to consider ways in which competing interests might balance or, at times, be reconciled with one another. To illustrate the three-tiered approach to the lawyer’s ethical obligations, this essay focuses on the lawyer’s …

A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Fred C. Zacharias - Reminiscences, Larry Zacharias

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Remembering Fred, Guido Calabresi

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Tribute To Professor Fred C. Zacharias, Michael R. Devitt

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam To Professor Fred C. Zacharias, Orly Lobel

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam: Fred C. Zacharias, Russell K. Osgood

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

A List, Frank Partnoy

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Tribute To Professor Fred Zacharias, Faust F. Rossi

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Remembering Fred Z, Gary J. Simson

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

In Memoriam, Steven D. Smith

San Diego Law Review

Personal dedication to Prof. Fred Zacharias.

Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green

San Diego Law Review

This Article might lead one to ask which body better apprehended the nature of the prosecutorial disclosure rule. Two parts of this Article will explore that question and reach an unexpected conclusion: although the ABA ethics committee and the Ohio Supreme Court had opposite visions of equivalent rules, they may both be right. Even so, there is something obviously jarring about the divide, which reveals deficiencies in the rule adoption process. The ABA has an interest in persuading courts to adopt not only its Model Rules but also its interpretations of those rules, so the result seems to reflect a …

Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy

San Diego Law Review

Dedication to the Ethics and Plea Bargaining works of Prof. Fred Zacharias.

The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman

San Diego Law Review

As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred’s 1991 article in the Vanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice?. I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor’s ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor’s duty not to win a case but to see …