Law Commons^™

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.

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 …

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 …

Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Hotel Managers Identify Ethical Problems: A Survey Of Their Concerns, Betsy Stevens

Hospitality Review

This study identified and examined the concerns of hotel general managers regarding ethics in the hospitality industry. Thirty-five managers were interviewed during and immediately following the economic recession to determine which ethical issues in the hotel industry and at their own properties concerned them the most. Results showed that more people and organizations attempted to renegotiate hotel rates, which actions, in turn, led to some lapses in ethical behavior. Managers said that because of the economic downturn, they felt pressure from both private owners and corporate headquarters. They also said a lack of work ethic, low motivation, and low pay …

Practical Ethics For The Professional Prosecutor., Enrico B. Valdez

St. Mary's Journal on Legal Malpractice & Ethics

In Brady v. Maryland, the United States Supreme Court held that the prosecution's withholding of material exculpatory evidence violated the defendant's due process rights regardless of the absence of bad faith. The implications of this duty can be seen in the case of John Thompson, a man who was convicted of murder in Louisiana in 1985 after the prosecution failed to turn over exculpatory evidence. Thompson was able to get his conviction reversed and subsequently sued the district attorney's office. This Article analyzes Brady and the decisions that followed it to outline the obligations of prosecutors who are in possession …

An Article We Wrote To Ourselves In The Future: Early 21st Century Views On Ethics And The Internet., David Hricik, Prashant Patel, Natasha Chrispin

St. Mary's Journal on Legal Malpractice & Ethics

Written from the viewpoint of the year 2050, this Article discusses the clash between legal ethics and the technological revolution of the early twenty-first century. As a result of ethics rules being applied to new technologies in ways never contemplated under traditional circumstances, lawyers had to be overly cautious when they used the Internet to correspond with or seek out clients, or otherwise promote their legal services. The lesson learned is that the legal community should reflect on the harm caused by over zealous regulation and take a more reasoned approach to the use of technology for the benefit of …

From Hero To Villain: The Corresponding Evolutions Of Model Ethical Codes And The Portrayal Of Lawyers In Film, Amy S. Beard

NYLS Law Review

No abstract provided.