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Full-Text Articles in Law
Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness
Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness
Marquette Law Review
In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald
Marquette Law Review
Faced with mounting pressure to permit national law practice and increase
access to legal services for those who cannot afford to pay for them and
critiques about growing inequality and its failure to lead the battles for greater
gender and racial justice, the legal profession’s response has been to resist
reform proposals by invoking its independence. Lawyers and lawyers alone,
asserts the profession, ought to determine the pace and details of nationalizing
law practice, set the conditions under which nonlawyers and artificial
intelligence can offer legal services, and respond to growing inequality among
lawyers and concerns about the role lawyers …
Conference On The Ethics Of Legal Scholarship
The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger
Marquette Law Review
Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and …