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Legal Profession

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1998

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Articles 91 - 118 of 118

Full-Text Articles in Law

The Religious Lawyer In A Pluralist Society, Howard Lesnick Jan 1998

The Religious Lawyer In A Pluralist Society, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr. Jan 1998

Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat Jan 1998

Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat

All Faculty Scholarship

No abstract provided.


Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker Jan 1998

Transforming Punishment Into Compensation: In The Shadow Of Punitive Damages, Tom Baker

All Faculty Scholarship

No abstract provided.


Kentucky Law Survey: Professional Responsibility, William H. Fortune Jan 1998

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Law Faculty Scholarly Articles

This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.


Yesterday Once More: Skeptics, Scribes And The Demise Of Law Reviews, Bernard J. Hibbitts Jan 1998

Yesterday Once More: Skeptics, Scribes And The Demise Of Law Reviews, Bernard J. Hibbitts

Articles

This article responds to a series of commentaries on my 1996 Web-posted article Last Writes? Re-assessing the Law Review in the Age of Cyberspace (reprinted in 71 New York University Law Review 615 (1996)) collected in a Special Issue of the Akron Law Review (Volume 30, Number 2, Winter 1996). Last Writes? argued that the development of Internet technology allows and should encourage legal scholars to move away from traditional law review publication - with all of its well-publicized problems - towards a “self-publishing” system in which articles uploaded to the Internet by their scholarly authors could be archived centrally …


What We Know, James Boyd White Jan 1998

What We Know, James Boyd White

Other Publications

The editors of Cardozo Studies in Law and Literature, and its contrib­utors too, deserve congratulations for its ten years of most successful life. & a small contribution to this moment of celebration I should like to suggest a particular line of thought about what the reading of literature helps us to see about law.


Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson Jan 1998

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein Jan 1998

Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein

Faculty Scholarship

This article explains why lawyers do not think or talk like other people, how they got this way, and why this is both a good thing and a bad thing. I have watched hundreds of law students leave their old ways of thinking and talking behind and begin to sound like lawyers. One marker of the progress from lay person to lawyer is the emergence of the ability to tell a coherent fact and law story about a new legal problem. I have sometimes celebrated this professional progress and sometimes lamented the loss of common sense, but my lawyerly analysis …


Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine Jan 1998

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Scholarly Works

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …


Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell Jan 1998

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Faculty Works

No abstract provided.


The Legal Profession And Its Future: Recapturing The Ideal Of The Statesman-Lawyer, Timothy J. Sullivan Jan 1998

The Legal Profession And Its Future: Recapturing The Ideal Of The Statesman-Lawyer, Timothy J. Sullivan

Faculty Publications

No abstract provided.


The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke Jan 1998

The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.


The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover Jan 1998

The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover

University of Arkansas at Little Rock Law Review

No abstract provided.


Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann Jan 1998

Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann

Articles & Chapters

No abstract provided.


The Art Of The Fact: An Afternoon Colloquy In A Tentative Key, Jethro K. Lieberman Jan 1998

The Art Of The Fact: An Afternoon Colloquy In A Tentative Key, Jethro K. Lieberman

Books

No abstract provided.


Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli Jan 1998

Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli

All Faculty Scholarship

No abstract provided.


Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman Jan 1998

Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman

Scholarly Articles

During the last ten years billing fraud by lawyers has been recognized as a serious problem that undermines clients' trust of lawyers and the reputation of the profession as a whole. It used to be thought that lawyers who wanted to steal their clients' money would just take money out of the trust account. In recent years it has become clear that dishonest lawyers' methods of misappropriation are far more diverse than that.

The focus of this paper is on billing misconduct by lawyers who contract with their clients to bill by the hour. I will not talk about lawyers …


Scenes From A Law Firm, Lisa G. Lerman Jan 1998

Scenes From A Law Firm, Lisa G. Lerman

Scholarly Articles

No abstract provided.


Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond Jan 1998

Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond

UIC Law Review

No abstract provided.


The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet Jan 1998

The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.


Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor Jan 1998

Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This essay draws on the examples of Watergate and Iran-Contra to offer a new perspective on Independent Counsel and their ability to investigate and prosecute high-level wrongdoing. The current consensus is that an Independent Counsel, appointed by judges of the special court pursuant to the Ethics in Government Act, will invariably investigate and prosecute crimes more vigorously than a Special Prosecutor appointed by the President or the Attorney General. Watergate and Iran-Contra suggest, however, that there are institutional and political factors that make analysis of the comparative tendencies of the two types of prosecutors more complex and dependent on circumstance. …


Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice Jan 1998

Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.


[Review Of] Mark Perlmutter, Why Lawyers (And The Rest Of Us) Lie & Engage In Other Repugnant Behavior, Sherman L. Cohn Jan 1998

[Review Of] Mark Perlmutter, Why Lawyers (And The Rest Of Us) Lie & Engage In Other Repugnant Behavior, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

This book speaks to the individual lawyer about his or her own practice. It is a self-confession by a leading trial lawyer of his own defalcations: of his own lies, of his own standing by as a more senior member of his law firm deliberately destroyed evidence, of his own giving a convincing argument to a court on a motion when all that he really wanted to do was delay. The stories are intriguing and captivating.


Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio Jan 1998

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio

Faculty Publications By Year

No abstract provided.


Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham Jan 1998

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.


Asking Leopards To Change Their Spots: Can Lawyers Change? A Critique Of Solutions To Professionalism By Reference To Empirically-Derived Attributes, Susan Daicoff Dec 1997

Asking Leopards To Change Their Spots: Can Lawyers Change? A Critique Of Solutions To Professionalism By Reference To Empirically-Derived Attributes, Susan Daicoff

Susan Daicoff

No abstract provided.


Coherence And Incoherence In Values-Talk, Paul R. Tremblay Dec 1997

Coherence And Incoherence In Values-Talk, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.