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Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler
Law Faculty Scholarship
Two of the reasons students fail the bar exam are lack of diligence and incompetence; these are also the primary reasons attorneys are disciplined. Using bar exam and disciplinary data from Tennessee, this Article substantiates the following theses: (1) The more times it takes a lawyer to pass the bar exam the more likely that lawyer will be disciplined for ethical violations, particularly early in the lawyer’s career; and (2) The more times it takes a lawyer to pass the bar exam the more likely that lawyer will be disciplined for lack of diligence—including non-communication—and/or incompetence.
Florida Professional Responsibility In 1999: The Rules Of The Game, Timothy P. Chinaris, Elizabeth Clark Tarbert
Florida Professional Responsibility In 1999: The Rules Of The Game, Timothy P. Chinaris, Elizabeth Clark Tarbert
Law Faculty Scholarship
The year 1999 saw a number of changes and developments in Florida professional responsibility law. This article surveys these developments by reviewing: 1) relevant reported cases; 2) ethics opinions; 3) rules changes; and 4) disciplinary actions affecting lawyers and the practice of law in the Sunshine State. These authorities are examined in the context of the various relationships upon which a lawyer's professional life is built and within which the lawyer typically operates.
Professional Responsibility: 1998 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert
Professional Responsibility: 1998 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert
Law Faculty Scholarship
Continuing a trend, 1998 included a number of important developments in the area of professional responsibility law in Florida. Significant appellate court decisions, rule changes, and disciplinary actions potentially affect the practices of more than 58,000 members of The Florida Bar. This article reports and summarizes those developments by placing them in the framework of the various relationships in which lawyers typically operate. Part II looks at decisions affecting what must be viewed as the central relationship in this context: the relationship between lawyer and client. Part III examines developments pertaining to what may be the dominant relationship: the lawyer's …
Professional Responsibility: 1997 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert
Professional Responsibility: 1997 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert
Law Faculty Scholarship
Professional responsibility law in Florida continued to expand in 1997. Case law, rules, and ethics opinions amplified and, in some areas, extended the duties that lawyers assume as officers of the judicial branch of government. This article examines professional responsibility decisions that are likely to affect the relationships that lawyers have with clients, former clients, judges, third parties, and The Florida Bar. Part II looks at developments affecting the most important relationship that lawyers establish and operate within: the relationship between lawyer and client. Part III reviews developments of significance to the lawyer's relationship to the court and the judicial …
Professional Responsibility: 1996 Survey Of Florida Law, Timothy P. Chinaris
Professional Responsibility: 1996 Survey Of Florida Law, Timothy P. Chinaris
Law Faculty Scholarship
The prudent practitioner will note a number of changes, some of them quite substantial, to Florida's professional responsibility landscape in 1996. Courts and ethics committees rendered decisions affecting obligations that Florida lawyers assume as they interact with prospective clients, clients, judges, other lawyers, nonlawyer assistants, third parties, and disciplinary authorities. This article examines significant cases and ethics opinions in the context of the different roles which lawyers assume during the course of their relationships with these individuals and entities. Part II explores the traditional role of the lawyer as a zealous advocate for the client. This section reviews developments of …
Professional Responsibility Law In Florida: The Year In Review, 1995, Timothy P. Chinaris
Professional Responsibility Law In Florida: The Year In Review, 1995, Timothy P. Chinaris
Law Faculty Scholarship
The past year saw a number of interesting and innovative developments in Florida's professional responsibility jurisprudence. This article reviews significant Florida court decisions, ethics rules, and advisory ethics opinions handed down during the year that are likely to affect Florida lawyers as they attempt to represent their clients zealously while complying with the letter, if not always the spirit, of the Florida Rules of Professional Conduct ("RPC"). Today's lawyer may act in many different capacities, at times assuming the role of advocate, advisor, counselor, fiduciary, intermediary, businessperson, or marketer. The lawyer must adhere to a host of sometimes-overlapping ethical obligations …