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General Thoughts On Admission To Practice In The Federal Courts Of The United States, Robert L. Bogomolny Jan 1978

General Thoughts On Admission To Practice In The Federal Courts Of The United States, Robert L. Bogomolny

Cleveland State Law Review

The need for improvement in the quality of practice of law has resulted in a recent tendency to look to two major areas as sources for this improvement. These sources are relatively obvious but need to be restated. The first involves the quality of legal education, particularly in areas dealing with advocacy and adequate representation of clients. The second area involves qualification for admission to the practice of law. What is needed is a critical evaluation of all of the proposals for reform of the quality of advocacy in the courts. It is possible that some may miss the central …


The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg Jan 1978

The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg

Cleveland State Law Review

One point that I shall endeavor to make today is that the Federal Rules of Evidence offer an opportunity for dramatic improvement in federal trial court practice. In the hands of the most experienced practitioner or the novice litigator just weaned from law school, the evidence rules offer a promise of even-handed justice that has heretofore been unavailable. Used properly, the Federal Rules of Evidence hold out a promise that trials might be less costly to litigants in terms of out-of-pocket expenditures, that the societal costs associated with erroneous decisions by trial judges might be reduced, and that federal litigants' …


The Immunity Of Public Defenders Under Section 1983, Ellen Keller Jan 1978

The Immunity Of Public Defenders Under Section 1983, Ellen Keller

Cleveland State Law Review

The Circuit Courts of Appeals that have considered the question of a public defender's liability issue have all held public defenders or court-appointed counsel immune from personal liability for actions taken in the course of representing their clients. This note will examine the ways in which the courts have disposed of these cases, discuss factors that have inclined federal courts to grant immunity to public defenders under section 1983, and weigh the advisability of personal liability for malpractice of those who defend indigent defendants in criminal trials.