Law Commons^™

The Economics Of The Attorney-Client Privilege: A Comprehensive Review And A New Justification, Keith A. Kendall

Keith A Kendall

The attorney-client privilege is one of the fundamental aspects of legal professional practice in the United States. Despite this central importance, there have been many calls over the centuries for the privilege’s abolition. A relatively recent trend is for such criticisms to be based on an economic analysis of the privilege’s mechanics, including incentives for rent seeking behavior, signaling problems faced by clients and incentives to overinvest in litigation. Responses to these criticisms that also utlize economic reasoning center on the economics of information production, recognizing that the privilege serves a useful function, notwithstanding the critiques. In addition to these …

Women In The Law School: It's Time For More Change, Karen Czapanskiy, Jana B. Singer

Jana B. Singer

No abstract provided.

How The Cleveland Bar Became Segregated: 1870-1930, Robert N. Strassfeld

Robert N. Strassfeld

Abstract

Paper Title: How the Cleveland Bar Became Segregated: 1900-1930

This article examines the changing perimeters of professional opportunity and the professional choices made by Cleveland’s African American lawyers in the early twentieth century. At the turn of the century, the Cleveland bar could fairly be described as racially integrated. The openness of the bar and the response of African American lawyers shaped the day-to-day professional lives of those lawyers. This openness manifested itself in a number of interracial law practices, in a client base for black lawyers that was predominantly white, in the court appointment practices of white judges, …

Civility Issues In Federal Court Practice, Daniel Coquillette, Judith Mcmorrow

Daniel R. Coquillette

No abstract provided.

Attorney Conduct And The Securities And Exchange Commission, Daniel Coquillette, Judith Mcmorrow

Daniel R. Coquillette

No abstract provided.

Educating Lawyers For The Global Economy: National Challenges, Carole Silver

Carole Silver

This essay addresses the challenge of educating law students to work in an increasingly global context. For students enrolled in United States law school, insight into the ways in which globalization matters can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the firm in its international practice depends upon the ability of its lawyers to develop strong and effective cross-national …

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver

Carole Silver

No abstract provided.

A Methodology For Mentoring Writing In Law Practice: Using Textual Clues To Provide Effective And Efficient Feedback, Jane Gionfriddo, Daniel Barnett, E. Joan Blum

Jane Kent Gionfriddo

Becoming a successful legal writer is a process that begins in law school and continues intensively during the beginning years of a lawyer's career. Throughout this process, in both contexts, a writer benefits enormously from feedback on his analysis, and how that analysis is conveyed, from those more experienced. Much has been written about how legal educators should respond to student written work, yet little addresses the role that supervising attorneys can play in mentoring the writing of less experienced colleagues. This article therefore proposes a methodology to help supervisor-mentors provide, in an efficient manner, effective feedback on junior lawyers' …

Decline To State: Diversity Talk And The American Law Student, Camille Gear Rich

Camille Gear Rich

No abstract provided.

Arbitration And Choice: Taking Charge Of The 'New Litigation', Thomas J. Stipanowich

Thomas J. Stipanowich

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American arbitration is at a crescendo. Much of this criticism stems from the fact that arbitration under standard procedures has taken on the trappings of litigation - extensive discovery and motion practice, highly contentious advocacy, long cycle time and high cost. Paradoxically, concerns about the absence of appeal on the merits in arbitration have caused some to craft provisions calling for judicial review for errors of law or fact in awards. It is time to return to fundamentals in American arbitration. Those who seek …

Professional Skills And Values In Legal Education: The Gps Model, Stephen A. Gerst, Gerald Hess

Stephen A Gerst

No abstract provided.

The Lawyer's Mind: Why A Twenty-First Century Legal Practice Will Not Thrive Using Nineteenth Century Thinking 2010 (With Thanks To George Lakoff), Phyllis E. Bernard

Phyllis E. Bernard

No abstract provided.

The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Slocum

Robin Slocum

Lawyers are presented with a challenging dilemma when counseling angry clients who seek to use the legal system as a weapon for vengeance. Legal scholars have argued that lawyers should, where appropriate, dissuade their angry clients from litigation strategies that are immoral or arguably unethical. However, angry clients are remarkably resistant to appeals based on morality and reason. Thus, it is not surprising that lawyers have been largely ineffective in their efforts to dissuade angry clients from using the legal system as a battlefield. Instead, lawyers often reluctantly defer to clients whose judgment is impaired by their emotional reactivity.

This …