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- St. Mary's University (18)
- Cleveland State University (8)
- Pepperdine University (6)
- Schulich School of Law, Dalhousie University (4)
- University of Kentucky (4)
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- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
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- University of Michigan Law School (1)
- University of New Hampshire (1)
- University of Oklahoma College of Law (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
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- St. Mary's Journal on Legal Malpractice & Ethics (15)
- Pepperdine Law Review (6)
- Journal of Law and Health (5)
- Dalhousie Law Journal (4)
- Kentucky Law Journal (4)
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- Cleveland State Law Review (3)
- St. Mary's Law Journal (3)
- University of Arkansas at Little Rock Law Review (3)
- Akron Law Review (2)
- American University Journal of Gender, Social Policy & the Law (2)
- NYLS Law Review (2)
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- Journal of Race, Gender, and Ethnicity (1)
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- Vanderbilt Journal of Transnational Law (1)
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Articles 31 - 60 of 60
Full-Text Articles in Law
How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers
How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers
Pepperdine Law Review
When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Pepperdine Law Review
No abstract provided.
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
Pepperdine Law Review
No abstract provided.
Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher
Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher
Pepperdine Law Review
No abstract provided.
How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner
How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner
NYLS Law Review
No abstract provided.
How The Spider Catches The Fly: Referral Networks In The Plaintiffs’ Personal Injury Bar, Sara Parikh
How The Spider Catches The Fly: Referral Networks In The Plaintiffs’ Personal Injury Bar, Sara Parikh
NYLS Law Review
No abstract provided.
Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth
Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth
St. Mary's Law Journal
What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …
Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison
Turn Up The Volume: The Need For "Noisy Withdrawal" In A Post Enron Society, Ryan Morrison
Kentucky Law Journal
No abstract provided.
Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel
Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel
Vanderbilt Law Review
In this Article, Professor Wendel analyzes the advantages and disadvantages of community-based responses to unethical behavior by lawyers. The limits of formal legal regulation of the legal profession are well known. Additional questions have been raised about the efficacy of motivating lawyers to act ethically merely by giving appropriate instruction. What is left, therefore, is a complex and little-studied, but very real, array of informal sanctions. These sanctions are controlled by individual members of the professional community, not by the court or organized bar, and therefore operate largely without the transparency and procedural regularity of formal legal regimes. The advantage …
Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan
Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan
Vanderbilt Journal of Transnational Law
This Article explores whether global self-regulation of the legal profession is desirable. The Author explains that as global law practice has grown over the past decade, so has the desire to formulate global rules of professional responsibility. The Article focuses on large law firms offering transnational legal services in many countries. The Author addresses whether and for whom the aspiration to deliver core values at the global level is desirable. He does so by comparing the rhetoric of global self-regulation with the reality of global law practice. In reality, the global law practice has undermined the power of nation states …
Attorneys: The Americans With Disabilities Act Should Not Impair The Regulation Of The Legal Profession Where Mental Health Is An Issue, Kelly R. Becton
Attorneys: The Americans With Disabilities Act Should Not Impair The Regulation Of The Legal Profession Where Mental Health Is An Issue, Kelly R. Becton
Oklahoma Law Review
No abstract provided.
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin
Journal of Law and Health
The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Some Thoughts About Developing Constructive Approaches To Lawyer And Law Student Distress, Peter G. Glenn
Journal of Law and Health
I am convinced, on the basis of experience as a teacher at five law schools, that it is possible to establish a law school culture in which the administration and faculty can work effectively to substantially reduce the level of unnecessary law student distress. I believe, however, that accomplishing this on any large scale among the law schools generally might require not only implementation of many of the suggestions of Professors Glesner and Kutulakis, but also that we abandon the ideas that all law schools should be fundamentally similar, built on the model of a large-enrollment major research center, and …
Lawyer Distress: A Comment, Susan S. Locke
Lawyer Distress: A Comment, Susan S. Locke
Journal of Law and Health
I will not debate whether or not the practice of law creates dysfunction, requires dysfunction or perpetuates dysfunction. I am reminded of a colleague who, when looking at his law firm partners who practice in my field of estate planning asked, "Do you have to be eccentric to go into estate planning, or does it just make you that way after a while?" Probably the answer is a little of both, and it is as true for the practice of law in general as it is for estate planning. When the dust settles at some time in the future, we …
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Journal of Law and Health
It is clear to me that members of the legal profession are obliged to take these findings seriously. I shall suggest below a few reservations about the analysis. Nevertheless, the important findings are established by empirical evidence so powerful that they can be ignored only through a wish not to believe. If the findings are accepted as a description of reality, the challenge is to work out sensible courses of action in response. The challenge is formidable.
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Is There A Solution To The Problem Of Lawyer Stress - The Law School Perspective, James J.A. Alfini, Joseph N. Van Vooren
Journal of Law and Health
What is the result of all this stress? As previously noted in the Beck, Sales, and Benjamin study, more and more attorneys are turning to alcohol as a "stress reliever." Also, a higher percentage of lawyers are dissatisfied with their personal relationships than the "normal population." A poll conducted for the New York Law Journal by a Manhattan polling firm found that of the lawyers polled who had been divorced, fifty-six percent asserted that their careers in the law had contributed to the breakup of their marriages. Of great concern is the fact that an increasing number of attorneys are …
A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo
A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo
Dalhousie Law Journal
Does a lawyer breach his' fiduciary duty by engaging in sexual activity with a client?' The Nova Scotia Barristers' Society is attempting to answer this very question with a proposed Rule in the Legal Ethics and Professional Responsibility Handbook : Chapter 24 on Sexual Relation-ships with a Client. The purpose of this paper is to review the proposed Rule in the context of a lawyer's fiduciary duty to his client.
Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil
Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil
St. Mary's Law Journal
This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
St. Mary's Law Journal
Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …
Ethics: Professionalism, Craft, And Failure, James R. Elkins
Ethics: Professionalism, Craft, And Failure, James R. Elkins
Kentucky Law Journal
No abstract provided.
Legal Competence Yesterday And Tomorrow, Leon E. Trakman
Legal Competence Yesterday And Tomorrow, Leon E. Trakman
Dalhousie Law Journal
Attacks have been lodged against the legal profession for many years, indeed, since even before Shakespeare commented in Henry VI, "The first thing we do, let's kill all the lawyers." However, it is only more recently, with the growth of mass education and public awareness and with technological advances, that suspicions of the incompetence of lawyers has arisen again with a vengeance. Some would credit this new trend to the condemnation of alleged incompetence among trial lawyers by Chief Justice Burger of the American Supreme Court. But to limit the attack on lawyers to this Chief Justice is to ignore …
Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston
Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston
Kentucky Law Journal
No abstract provided.
The Unpopularity Of Lawyers In America, Jon R. Waltz
The Unpopularity Of Lawyers In America, Jon R. Waltz
Cleveland State Law Review
What's wrong with us lawyers? Mainly, it is that the worst among us pose for our portrait, so that we are viewed as avaricious and egomaniacal, all flair and no substance, seeking and wielding power without having the strength of character to wield it well. Lost to the public is the portrait of most lawyers, the sorts of lawyers that I hope this University produces. They are quiet people who come to the law, and stay with it, because they know that the law's power lets them help people make the best of a trying world.
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus
Cleveland State Law Review
Several states have minimum fee schedules that set the least amount of compensation a lawyer should charge for a specific legal service. There has been much confusion in bar associations across the country as to the application of minimum fee schedules and the consequences of non-compliance. The American Bar Association has published both formal and informal opinions in an attempt to clearly define the functions of the schedules. In view of the opinions, interviews and statistical studies on the subject of minimum fee schedules, it is apparent that they are too rigid to cope with the practical needs of the …
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Lawyers' Professional Liability Insurance, Donald J. Ladanyi
Cleveland State Law Review
Due to the nature of his profession, the practicing lawyer is invariably confronted with significant financial risks. Because of the growing number of claims for professional negligence, coupled with the fact that the monetary risk of claims is largely unmeasurable, a constantly increasing proportion of lawyers is considering the feasibility of professional liability insurance protection. This type of insurance offers not only financial security, but also a means for the advantageous and efficient settlement of just claims without damaging notoriety.
Necessity As A Justification: A Critique Of Perka, Donald Galloway
Necessity As A Justification: A Critique Of Perka, Donald Galloway
Dalhousie Law Journal
In his characteristically trenchant and influential investigation, "A Plea for Excuses",' J. L. Austin reminded us that we can and do use different strategies of defending a person when it is claimed that he has done wrong. He drew attention to two distinct tactics: One way of going about this (defending a person) is to admit that he, X, did that very thing, A, but to argue that it was a good thing, or the right or sensible thing, or a permissible thing to do . . . To take this line is to justify the action, to give reasons …
The Current Peril Of The Legal Profession, Robert G. Storey
The Current Peril Of The Legal Profession, Robert G. Storey
Washington and Lee Law Review
No abstract provided.
Study Of Civil Code Of Practice, New Judicial Council And Judicial Conference, Watson Clay
Study Of Civil Code Of Practice, New Judicial Council And Judicial Conference, Watson Clay
Kentucky Law Journal
No abstract provided.
The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem
The Opportunities And Responsibilites Of American Law Schools, Floyd R. Mechem
Michigan Law Review
With two bodies dealing in general with the subject of legal education, the Section of Legal Education and this Association, meeting annually, and with occasionally a third, the Conference of State Boards of Law Examiners, each endeavoring to present papers and arouse discussion, it is obvious that the number of new questions which anyone may hope to suggest is necessarily, small. Most of the important questions have already been discussed, many of them more than once, and anything which is now presented is likely to smack of the truism or the platitude. The very remarkable increase, however, both in the …