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Full-Text Articles in Law

Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker Oct 1985

Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker

University of Arkansas at Little Rock Law Review

No abstract provided.


A Case For Increased Disclosure, Deborah Abramovsky Jan 1985

A Case For Increased Disclosure, Deborah Abramovsky

Fordham Urban Law Journal

The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …


Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley Jan 1985

Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley

Fordham Urban Law Journal

No other profession requires practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, priests, rabbis and other professionals, the lawyer is an adviser but also an advocate. Rule 1.6 is a major flaw in the legal profession's history of self-discipline. This rule fails the test of logic because the concept of discretion which it reflects is self-contradictory. This rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or …