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Full-Text Articles in Law

Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin Nov 2016

Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin

Leslie Levin

Liability insurers often informally regulate the behavior of their insureds through the underwriting process, premium pricing, contract design, and risk management practices. This Article explores whether lawyer professional liability (“LPL”) insurers effectively regulate the behavior of solo and small firm lawyers in ways that encourage responsible conduct. The Article draws on interviews of insurance industry executives, risk management counsel, and insured lawyers, as well as insurer documents and surveys of lawyers, to explore the impact of LPL insurers on the work lives of solo and small firm lawyers. The research reveals that LPL insurers appear to regulate the behavior of …


Practical Career Advice For Young International Lawyers: How To Build A Killer Resume, Network Effectively, Create Your Own Opportunities, And Live Happily Ever After, Mark E. Wojcik Sep 2016

Practical Career Advice For Young International Lawyers: How To Build A Killer Resume, Network Effectively, Create Your Own Opportunities, And Live Happily Ever After, Mark E. Wojcik

Mark E. Wojcik

For those who are serious about careers in international law, there are probably too many applicants for too few jobs.


A Taxonomy Of Lawyer Regulation, Russell G. Pearce, Noel Semple, Renee Newman Knake Sep 2016

A Taxonomy Of Lawyer Regulation, Russell G. Pearce, Noel Semple, Renee Newman Knake

Noel Semple

What explains the dramatic contrast between legal services regulation in the United States and anglophone Canada, on one hand, and England/Wales and Australia, on the other? In order to help explain these divergent regulatory choices, and to further comparative analysis, this Essay proposes a taxonomy of theories of legal services regulation drawn from these common-law jurisdictions. Although most jurisdictions employ a combination of approaches, as well as some hybrid methods, the Essay identifies the two dominant perspectives: (1) the professionalist-independent framework, predominate in anglophone North America, and (2) the consumerist-competitive framework found in the common law jurisdictions of Northern Europe …


Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer Aug 2016

Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house rather than …


Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski Aug 2016

Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski

Jeffrey J Rachlinski

With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …


The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow Jun 2016

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Trevor C. W. Farrow

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …


Ethical Lawyering In A Global Community, Trevor C. W. Farrow Jun 2016

Ethical Lawyering In A Global Community, Trevor C. W. Farrow

Trevor C. W. Farrow

No abstract provided.


The Good, The Right, And The Lawyer, Trevor C. W. Farrow Jun 2016

The Good, The Right, And The Lawyer, Trevor C. W. Farrow

Trevor C. W. Farrow

No abstract provided.


The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry Dec 2015

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Laurel S. Terry

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur.

This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to …


The Fatf’S 4th Mutual Evaluations, The U.S., & Lawyers (2016 Ilec Slides; See Also Cited 2015 & 2010 Articles), Laurel S. Terry Dec 2015

The Fatf’S 4th Mutual Evaluations, The U.S., & Lawyers (2016 Ilec Slides; See Also Cited 2015 & 2010 Articles), Laurel S. Terry

Laurel S. Terry

These slides build on work found in my 2015 and 2010 FATF - legal profession law review articles. These slides were presented at the July 2016 International Legal Ethics Conference in New York City. I participated in a panel that focused on the impact of the Financial Action Task Force or FATF on the legal profession. Other panelists spoke about the 60 Minutes show Anonymous, Inc., FATF’s Mutual Evaluation of Canada and the Attorney General of Canada v. Federation of Law Societies of Canada case in which the Canadian Supreme Court struck down portions of an anti-money laundering law intruding …