Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility

Journal

1985

Institution
Keyword
Publication

Articles 31 - 57 of 57

Full-Text Articles in Law

Analysis Of Illinois' Restrictions On The Practice Of Law By Out-Of-State Attorneys: Pro Hac Vice Model Rule Proposal, Ballard Jay Yelton Jan 1985

Analysis Of Illinois' Restrictions On The Practice Of Law By Out-Of-State Attorneys: Pro Hac Vice Model Rule Proposal, Ballard Jay Yelton

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Responses, George Cotsirilos, Frank Covey Jan 1985

Responses, George Cotsirilos, Frank Covey

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Responses, Jill Wine-Banks, William Martin Jan 1985

Responses, Jill Wine-Banks, William Martin

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Ethical Violations Resulting From Excessive Workloads In Legal Aid Offices: Who Should Bear The Responsibility For Preventing Them?, Diana Calais Jan 1985

Ethical Violations Resulting From Excessive Workloads In Legal Aid Offices: Who Should Bear The Responsibility For Preventing Them?, Diana Calais

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Ethics: Professionalism, Craft, And Failure, James R. Elkins Jan 1985

Ethics: Professionalism, Craft, And Failure, James R. Elkins

Kentucky Law Journal

No abstract provided.

Go to article

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson Jan 1985

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson

St. Mary's Law Journal

This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …

Go to article

The Fall And Rise Of Professionalism, Thomas D. Morgan Jan 1985

The Fall And Rise Of Professionalism, Thomas D. Morgan

University of Richmond Law Review

In recent years, there has been an increasing concern among lawyers that the legal profession may be declining in "professionalism." Professionalism is not a self-defining term; indeed, it is greatly overused today. There are professional football players, professional models and even professional wrestlers. The question, then, is what it means to be a professional for purposes of trying to decide whether lawyers are more professional or less professional than before. Although several definitions might be offered, I would assert that traditional professions seem to have at least three attributes.

Go to article

A New Twist For Texas Lemon Owners., Ayala Alexopoulos Jan 1985

A New Twist For Texas Lemon Owners., Ayala Alexopoulos

St. Mary's Law Journal

Twenty-five percent of the consumers with car warranty problems are dissatisfied with the complaint-handling process in the automobile industry and the result of their grievances. In response to the frustrations of defective car owners, Texas, along with many other states, passed a “lemon law” providing more definitive relief for consumer. Lemon laws provide a clearly defined cause of action against the manufacturer and provide the consumer with a low-cost, readily available mechanism for resolving their disputes. Most states’ lemon laws require the consumer to resort to arbitration provisions before initiating a court action if a manufacturer sets up a dispute …

Go to article

Some Reflections On Conflicts Between Government Attorneys And Clients, Jack B. Weinstein, Gay A. Crosthwait Jan 1985

Some Reflections On Conflicts Between Government Attorneys And Clients, Jack B. Weinstein, Gay A. Crosthwait

Touro Law Review

No abstract provided.

Go to article

Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon Jan 1985

Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford Jan 1985

Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott Jan 1985

Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott

St. Mary's Law Journal

Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …

Go to article

Attorney-Client Privilege: Issue-Related Waivers, Elizabeth G. Thornburg Jan 1985

Attorney-Client Privilege: Issue-Related Waivers, Elizabeth G. Thornburg

Journal of Air Law and Commerce

No abstract provided.

Go to article

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. …

Go to article

A Case For Increased Confidentiality, Abraham Abramovsky Jan 1985

A Case For Increased Confidentiality, Abraham Abramovsky

Fordham Urban Law Journal

The Sixth Amendment right to counsel is a cornerstone of the American legal system. In order to provide effective representation to a client, an attorney must be informed of all the relevant facts, including clients' indiscretions and crimes committed or contemplated by them. To draft effective motions, affidavits, etc., the attorney often needs information that only the client can provide; this same reasoning applies to conducting an effective cross-examination and forming an appropriate trial strategy. In addition, outside the criminal field, an attorney advising a corporate client must also know relevant data. Vital constitutional rights will be lost if lawyers …

Go to article

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 …

Go to article

The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker Jan 1985

The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker

Fordham Urban Law Journal

Analyzing Rule 1.6 of the Model Rules from a Jewish perspective can help solve some of the conflicts, which have arisen around this particular rule of professional responsibility. In sum, when a lawyer is faced with a potential crime that will likely seriously injury life, limb, or property, an attorney should disclose the information, which he believes will prevent this crime from occurring. While some sources of the confidentiality rule stem from the American legal system, others stem from more general ethical principles. Three such sources of the rule are: the attorney-client contract, the constitutional guarantees stemming from the Fifth …

Go to article

Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick Jan 1985

Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick

Fordham Urban Law Journal

In the aftermath of a very difficult period for the conscience and reputation of the legal profession, the Fordham Stein Award was endowed for the purpose of providing the profession and society with a sterling example of professional integrity and leadership. The mandate was to search the profession nationwide each year and to select a person whose selfless contribution to the public good exemplified the quiet performance of thousands of others whose dedicated work adds life, vigor and substance to our democracy. In 1985, Fordham Law School awarded the Stein Award to Judge Edward Weinfeld. This article describes the award …

Go to article

Address By Judge Edward Weinfeld, Edward Weinfeld Jan 1985

Address By Judge Edward Weinfeld, Edward Weinfeld

Fordham Urban Law Journal

This is a transcript of Judge Edward Weinfeld's acceptance of the 1985 Fordham Stein Award.

Go to article

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt Jan 1985

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt

Michigan Journal of International Law

This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …

Go to article

Responses, Richard D. Lee, John P. Heinz Jan 1985

Responses, Richard D. Lee, John P. Heinz

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry Jan 1985

Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen Jan 1985

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Ethics, Professionalism And The Practice Of Law, Frederick A. Elliston Jan 1985

Ethics, Professionalism And The Practice Of Law, Frederick A. Elliston

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Foreword, Allen Hartman Honorable Jan 1985

Foreword, Allen Hartman Honorable

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Ethics And The Megafirm , Abe Krash Jan 1985

Ethics And The Megafirm , Abe Krash

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Greylord Investigation Guidelines: Protection For Greylord Attorneys?, Andrew Majeske Jan 1985

The Greylord Investigation Guidelines: Protection For Greylord Attorneys?, Andrew Majeske

Loyola University Chicago Law Journal

No abstract provided.

Go to article

First Prev