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Articles 1 - 13 of 13
Full-Text Articles in Law
Florida’S Judicial Ethics Rules: History, Text, And Use, Robert M. Jarvis
Florida’S Judicial Ethics Rules: History, Text, And Use, Robert M. Jarvis
University of Miami Law Review
A handy summary of Florida’s federal and state judicial ethics codes does not exist. As a result, Florida attorneys and judges often must invest considerable time and effort when a question of judicial ethics arises. To assist such queries, this article provides a comprehensive description of both the Florida Code of Judicial Conduct and the Code of Conduct for United States Judges.
The Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, James A. Cohen
The Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, James A. Cohen
University of Miami Law Review
No abstract provided.
Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti
Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti
University of Miami Law Review
No abstract provided.
Collegiality, Justice, And The Public Image: Why One Lawyer's Pleasure Is Another's Poison, Andrew R. Herron
Collegiality, Justice, And The Public Image: Why One Lawyer's Pleasure Is Another's Poison, Andrew R. Herron
University of Miami Law Review
No abstract provided.
Ethical Soap: L.A. Law And The Privileging Of Character, Robert Eli Rosen
Ethical Soap: L.A. Law And The Privileging Of Character, Robert Eli Rosen
University of Miami Law Review
No abstract provided.
The Sale Of A Law Practice: The Model Rules Of Professional Conduct Point In A New Direction, Stephen E. Kalish
The Sale Of A Law Practice: The Model Rules Of Professional Conduct Point In A New Direction, Stephen E. Kalish
University of Miami Law Review
No abstract provided.
Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris
Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris
University of Miami Law Review
Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
University of Miami Law Review
Professor Hazard discusses the dimensions of the lawyer conduct prohibited by DR 7-102(A)(7) of the Model Code of Professional Responsibility, which provides that a lawyer shall not "[c]ounsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent." After reviewing relevant principles of agency, tort, and criminal law, Professor Hazard concludes by asking whether it is this positive law outside of the Code that defines the scope of conduct prohibited by DR 7-102(A)(7), or whether the Code contains its own standard that, because of the nature of the lawyer-client relationship, permits lawyers to engage …
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
University of Miami Law Review
Despite the efforts of ardent advocates such as Chesterfield Smith, former president of the American Bar Association, the legal profession has continually failed to adopt a rule requiring mandatory pro bono services. In this article, Mr. Smith proposes a definitive, yet flexible, pro bono rule to govern lawyers' conduct. The author explains that the flexible nature of such a rule will accommodate the individual circumstances of members of the bar while serving the needs of society.
The Function Of A Code Of Legal Ethics, L. Ray Patterson
The Function Of A Code Of Legal Ethics, L. Ray Patterson
University of Miami Law Review
The traditional view that the function of a code of legal ethics is to define the duties of lawyers and the rights of clients is based on the perception of the lawyer-client relationship as one of simple agency in which the lawyer has the utmost duty of loyalty to the client. The author suggests, however, that this perception is a fallacy that, by overlooking the fact that clients also have duties and lawyers also have rights, can result in antilegal rules of ethics. This result can be escaped, the author proposes, by integrating rules of ethics and rules of positive …
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
University of Miami Law Review
No abstract provided.
A Gathering Of Legal Scholars To Discuss The Professional Responsibility And The Model Rules Of Professional Conduct: Panel Discussion
University of Miami Law Review
No abstract provided.
Are The Model Rules Unconstitutional?, Monroe H. Freedman
Are The Model Rules Unconstitutional?, Monroe H. Freedman
University of Miami Law Review
In this article, Professor Freedman condemns the provisions of the proposed Model Rules of Professional Conduct that would require a lawyer to reveal his client's perjury to a court. Viewing these provisions as an assault on the lawyer-client privilege and the adversary system, which are protected by the fifth and sixth amendments to the United States Constitution, Professor Freedman offers the American Lawyer's Code of Conduct, for which he served as the Reporter, as an alternative. Professor Freedman views the American Lawyer's Code as the preferable alternative to the present ABA Model Code of Professional Responsibility because the American Lawyer's …