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Articles 31 - 42 of 42
Full-Text Articles in Law
Poor People's Lawyers In Transition, Michigan Law Review
Poor People's Lawyers In Transition, Michigan Law Review
Michigan Law Review
A Review of Poor People's Lawyers in Transition by Jack Katz
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
Michigan Law Review
Part I of this Note examines two of the more popular standards, the Seventh Circuit's "subject matter test" and the Eighth Circuit's "modified subject matter test" and concludes that neither approach is entirely consistent with the purposes of the privilege. Part II argues that the courts should adopt the Eighth Circuit's test with two further modifications. One revision is but a demand for clarification and consistency: the courts should explicitly adopt Dean Wigmore's legal advice requirement for corporate clients. The other modification is more radical: the command requirement should be eliminated. Under this approach, every employee may stand in the …
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Michigan Law Review
Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.
The Pursuit Of A Client's Interest, Warren Lehman
The Pursuit Of A Client's Interest, Warren Lehman
Michigan Law Review
There has been recently a resurgence of interest in how the lawyer serves his client. Much of that interest has been occasioned by the indigestibility of the idea that the lawyer is, as it is said, a hired gun. There are those who think that instead the lawyer ought to act toward his client as a therapist. Others are concerned with rationalizing for the lawyer the ethical discomforts of servantship (which many might guess have been brought to the fore by Watergate). Yet others see the client as victim of a structure - represented by the lawyer - that frustrates …
Attorney Solicitation: The Scope Of State Regulation After Primus And Ohralik, David A. Rabin
Attorney Solicitation: The Scope Of State Regulation After Primus And Ohralik, David A. Rabin
University of Michigan Journal of Law Reform
The purpose of this article is to analyze the opinions in Primus and Ohralik, to delineate the scope of permissible state regulation in the wake of those two decisions, and to recommend specific changes in existing state solicitation rules. Part I examines the general nature of attorney solicitation law - by whom it is made and how it is enforced. Part II describes the statutory and constitutional aspects of solicitation law prior to Primus and Ohralik. Part III discusses the Court's holdings in Primus and Ohralik, and the changes in current statutory schemes required by the two …
The Legal Profession: Client Interests, Professional Roles, And Social Hierarchies, John P. Heinz, Edward O. Laumann
The Legal Profession: Client Interests, Professional Roles, And Social Hierarchies, John P. Heinz, Edward O. Laumann
Michigan Law Review
There is a natural urge to study the extreme. The extreme case is likely to be conspicuous and dramatic. Sociological research on the American legal profession has not, for the most part, resisted the urge. The best-known studies examine lawyers at the extremes of the profession's prestige hierarchy-e.g., Carlin's study of solo practitioners and Smigel's study of the Wall Street lawyer. The profession's center has more often been neglected and few data are available on the bar's overall social structure. Ladinsky's study .of Detroit lawyers covers all types and specialities, and contributes substantially to our understanding of the …
The Corporate And Securities Adviser, The Public Interest, And Professional Ethics, Simon M. Lorne
The Corporate And Securities Adviser, The Public Interest, And Professional Ethics, Simon M. Lorne
Michigan Law Review
It is the thesis of this Article that we, as a society, need to make deliberate decisions about the proper role of the corporate adviser, and, when that function has been defined, to develop a structure within which it can be performed. As the Article makes clear, the logical choices involve what might be described as either revolutionary change or reactionary change. That is, the current trends should either be accelerated or reversed; the present situation is intolerable. While the author will contend that the case for shifting into reverse is more persuasive, getting into a gear, and out of …
Lawyers And Professionalism: A Further Psychiatric Perspective On Legal Education, Andrew S. Watson
Lawyers And Professionalism: A Further Psychiatric Perspective On Legal Education, Andrew S. Watson
University of Michigan Journal of Law Reform
In recent years, clinical teaching methods have played an increasingly significant role in the education of this nation's lawyers. With the consequential accumulation of data pertaining to various institutional experiences, it is now worthwhile to explore, from a clinician's perspective, some of the psychodynamics of this educational process as it appears to affect a student's future professional behavior. In addition to such an examination, this article will delineate methods for dealing with the stresses of a lawyer's professional life, suggesting ways in which the attorney may satisfy his goals as well as those of his client. It is hoped that …
Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review
Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review
Michigan Law Review
This Note will first review the development of the personal attorney-client privilege and the extent to which the term "client" has been expanded for use with that privilege. Then, the development of the corporate attorney-client privilege will be examined with an eye toward isolating the tests that the courts have used to define the extent of the term "client." Finally, with the results of these examinations in mind, an approach will be suggested that, if adopted by the courts, could effectively eliminate the confusion that presently exists with regard to the scope of the attorney-client privilege in the corporate setting.
Ann Arbor And Legal Aid, James J. White
Ann Arbor And Legal Aid, James J. White
Articles
Since the leasing of its office in August 1965, the Washtenaw County Legal Aid Society has been open nearly 50 hours per week and has been staffed exclusively by second and third-year law students from the University of Michigan Law School. The bulk of the practice has been in family law--divorce, support, custody--but there have been a substantial number of creditor-debtor cases, a handful of misdemeanor defense cases, and a large batch of miscellaneous cases.
Brownell: Legal Aid In The United States., Glenn R. Winters
Brownell: Legal Aid In The United States., Glenn R. Winters
Michigan Law Review
A Review of LEGAL AID IN THE UNITED STATES. By Emery A. Brownell.
Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane
Articles
This procedure was justified in the opinion in State v. Snook (Court of Errors and "Appeals of N. J., 1920), 109 Atl. 289. Snook was on trial for manslaughter charged as having been committed by the reckless driving of an automobile. After the act, Mimmick, one of the persons in the automobile, and afterward a witness for the defense, went to an attorney and had some conversation with him, the substance of which, as testified to by the attorney, was a recital by M. of what had occurred and an inquiry by him of the attorney as to what he …