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Real Metamorphosis Or More Of The Same: Navigating The Practice Of Law In The Wake Of Ethics 20/20 - Globalization, New Technologies, And What It Means To Be A Lawyer In These Uncertain Times, Jack P. Sahl

Akron Law Review

On April 4 and 5, 2013, The University of Akron School of Law’s Miller-Becker Center for Professional Responsibility (“MBC”) hosted the symposium, Navigating the Practice of Law in the Wake of Ethics 20/20 – Globalization, New Technologies, and What It Means to Be a Lawyer in These Uncertain Times (Ethics 20/20 – Uncertain Times). The symposium examined the myriad of changes and problems confronting the bar, legal education, and the courts. Although law schools, courts, and the organized bar have provided a steady supply of programs addressing the recent changes confronting the profession and legal education, Ethics 20/20 – Uncertain …

Making "Friends" With The #Ethics Rules: Avoiding Pitfalls In Professional Social Media Use, Cynthia Laury Dahl

All Faculty Scholarship

Lawyers’ professional use of social media is widespread and a critical component to running a successful practice. Yet some common uses of social media easily – and often innocently -- violate the professional rules of ethics. The American Bar Association recently passed amendments to the Model Rules of Professional Conduct to include topics related to social media use, but the amendments still do not address all issues. Likewise, advisory opinions of state and local bar associations and court opinions give scant and sometimes contradictory advice about when a use does or does not violate a Rule. This essay discusses four …

Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson

St. Mary's Law Journal

Observing live court testimony allows a jury to determine witness credibility. This is called demeanor evidence. Allowing the introduction of transcripts of prior testimony by a witness offends a defendant's right to confrontation guaranteed by the Sixth Amendment of the United States Constitution. Loss of demeanor evidence can heighten sensitivity surrounding the constitutional demands of unavailability and an opportunity for cross-examination. But the loss of this evidence is discounted when dealing with the admissibility of prior testimony as long as a defendant was formerly afforded an opportunity to cross-examine. Demeanor evidence, however, is still treated as a non-essential component of …

Becoming A Competent 21st Century Legal Ethics Professor: Everything You Always Wanted To Know About Technology (But Were Afraid To Ask), Catherine Lanctot

Catherine J. Lanctot

This Article provides a roadmap for rebooting the legal ethics curriculum. It describes how to revise a traditional legal ethics class to respond to twenty-first century law practice, and provides a detailed overview of the landscape of technological issues currently affecting the practice of law, including many cautionary tales of lawyers who ignored their ethical responsibilities.

We have finally hit the tipping point with respect to the use of technology within the legal profession, as bar regulators have begun to warn attorneys that they may no longer plead ignorance of technological advances if such ignorance harms the interests of their …