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Articles 61 - 82 of 82
Full-Text Articles in Law
The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke
The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This Article will explore the problem of the attorney's duty to provide clients with adequate information to make informed decisions. It will discuss situations in which such a duty is appropriate, and suggest that a cause of action for informed consent must be limited to those fact patterns where courts have established the right of the client to make the decision. The analysis rejects establishment of a broad right of the client to control all aspects of the representation. The Article will first review the history of the development of professional liability law with particular emphasis on the medical profession, …
Heaven Help The Lawyer For A Civil Liar, Steven H. Goldberg
Heaven Help The Lawyer For A Civil Liar, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
In April of 1987, the American Bar Association's Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 87-353. Influenced by the problem of a criminal defendant's potential perjury, as discussed in Nix v. Whiteside, the Formal Opinion focuses on subsection 3.3(a)(2) of Model Rule 3.3, rather than on subsection 3.3(a)(4). As a result, the Opinion advises all lawyers — civil and criminal — who know that their clients will lie to the jury, to “disclose the client's intention to testify falsely to the tribunal,” unless they can withdraw from the representation or prohibit the prospective lie. It advises lawyers …
The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman
The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The author enumerates the three most common situations in which the courts have required the prosecutor to offer immunity to defense witnesses: (1) to safeguard the defendant's right to essential exculpatory testimony; (2) where the use of the prosecutor's powers to grant immunity causes such distortion in the fact-finding process as to require granting immunity to defense witnesses; and (3) where immunity is required to remedy prosecutory misconduct such as the intimidation of witnesses. The use of the "missing witness" instruction to avoid reaching the constitutional issue is also discussed.
Reflections On Client Perjury, Bennett L. Gershman
Reflections On Client Perjury, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Most experienced prosecutors, judges, and defense attorneys would probably agree that perjury in the criminal justice system occurs often. Although the frequency of perjury has never empirically been demonstrated, it is not surprising that with so much at stake, prosecution and defense witnesses would be tempted to fabricate testimony to meet the exigencies of the case. Detecting and dealing with perjurious testimony, however, is another matter. Implicated are complex legal and ethical problems for both prosecutors and defense attorneys. The judiciary's response to these problems, moreover, has largely been formalistic, without enunciating sufficiently clear standards to guide future behavior.
The City University Of New York Law School: An Insider's Report, Vanessa Merton
The City University Of New York Law School: An Insider's Report, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
The Law School of the City University of New York ("CUNY") is an experiment in whether it is possible for lawyers to integrate their lives. It is not, primarily, an institution with a somewhat novel, somewhat derivative, approach to legal education (although it is that). It is a place where lawyers try to bridge the gap between love and work, those so often dichotomized constituents of life. At CUNY we are trying simultaneously to equip students for survival in the current legal system and to burden them with a critical perspective on that system; to do and think, to practice …
The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg
The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
This Article contends that the successive conflict and imputed disqualification rules in combination are both bad law and bad ethics and that a different approach would be better for clients, for the adversary system, and for the profession. Part I of the Article analyzes the development of the successive conflict and the imputed disqualification doctrines. It demonstrates that two different, not always consistent, theories caused the successive conflict disqualification principles to develop erratically, resulting in a set of rules incompatible with either supporting rationale. Part II explains why the incorporation of that set of rules into the Model Rules of …
Ex Parte Communication By The Judiciary, Jay C. Carlisle
Ex Parte Communication By The Judiciary, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
The recent establishment of an Individual Assignment System in New York has introduced what one commentator has referred to as new "rules of the game". Nonetheless, the old rules still apply with respect to ex parte communication by judges which is governed by Canon 3(A)( 4) of the Code of Judicial Conduct. Canon 3(A)(4), as adopted by the New York State Bar Association in 1973, prohibits a judge from initiating or considering ex parte communications concerning a pending or impending proceeding. This prohibition, which has been strictly construed by decisional law and bar association advisory opinions, has new significance under …
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …
Why Prosecutors Misbehave, Bennett L. Gershman
Why Prosecutors Misbehave, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The author, perhaps the nation's top authority on prosecutorial misconduct, raises and analyzes two questions: Why does this misconduct occur? (It often pays off.) And why does it continue? (There are no effective sanctions.)
How Do You Decide On A Nonlegal Career?, Gary A. Munneke
How Do You Decide On A Nonlegal Career?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Recent surveys have indicated that many young lawyers are dissatisfied with the direction that their careers have taken. There are always other options, and an increasingly attractive choice for many young lawyers is the nonlegal career.
Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke
Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman
Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Review Of Managing The Recruitment Process, Gary A. Munneke
Review Of Managing The Recruitment Process, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Confidentiality And The "Dangerous" Patient: Implications Of Tarasoff For Psychiatrists And Lawyers, Vanessa Merton
Confidentiality And The "Dangerous" Patient: Implications Of Tarasoff For Psychiatrists And Lawyers, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
This essay examines the role conflict of the professional whose patient or client may be “dangerous” to others, and the ways in which professional standards of ethics and practice, incorporated by judicial ruling, contribute to that role conflict. The paper's focus is on the plight of the psychiatrist, but it also addresses the strain felt by the lawyer who either represents such a client or is asked to advise a psychiatrist who has such a patient. It suggests that health-care providers are not altogether justified in assigning sole responsibility for some of their professional difficulties to the law's incursions on …
Comment On The Plain English Movement, David S. Cohen
Comment On The Plain English Movement, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The purpose of this comment is to demonstrate that plain English contracts may carry more risks than benefits; the approach may, in fact, present a regressive stage in the evolution of consumer law.
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.
Singing Those Law Office Blues, Gary A. Munneke
Singing Those Law Office Blues, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
There were 2,750 young lawyers, 1.8 percent of all young attorneys in the ABA, who responded to the Career Satisfaction Survey. The preliminary survey involved in-depth interviews with 150 young lawyers. The final questionnaire was based upon these interviews. The responses were many and varied, and it was difficult to find many answers "In common. Some respondents found it necessary to elaborate on their answers by writing comments in the columns of the survey. A few of these answers are included because they were both humorous and enlightening.
Serving The Public Interest: An Overstated Objective, John A. Humbach
Serving The Public Interest: An Overstated Objective, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
It is clear that there are many occasions when legal services would be useful but are not being provided. The question is what the legal profession can do and should be fairly expected to do about this.
Is Your Career On Target?, Gary A. Munneke
Is Your Career On Target?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The author writes about nonlegal careers for lawyers.
If We Don't Take Care Of Young Lawyers, Who Will?, Gary A. Munneke
If We Don't Take Care Of Young Lawyers, Who Will?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
There are now more than 450,000 lawyers in this country, almost double the number of 20 years ago. The American Association of Law Schools estimates that the number of law student graduates averages about 34,000 a year. And the Bureau of Labor Statistics of the Department of Labor projects that there will be 26,400 new legal jobs each year until 1985. If law school enrollments stay at their current level, that would mean about 8,000 graduates each year would not be able to find a law-related job.
New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson
New Dimensions In Corporate Counseling In Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article's thesis is that attorneys cannot wait any longer to begin practicing environmental law. The bar has a responsibility to insure that our laws are obeyed and implemented. In advising a client regarding compliance with environmental laws, the legal counselor has unique opportunities to advance not only the client's interests, but also the public's interest in environmental protection.
The American Bar Association And The Supreme Court--Old Wine In A New Bottle?, Ronald H. Jensen
The American Bar Association And The Supreme Court--Old Wine In A New Bottle?, Ronald H. Jensen
Elisabeth Haub School of Law Faculty Publications
Preparation of this article was commenced shortly after the emergence of the difference of opinion between the ABA and the City Bar on the practice of submitting the names of Supreme Court nominees to the ABA. We believed this to be a sufficiently important issue to deserve a thorough review, particularly because of a paucity of legal commentary on the subject. Our major attention is still directed to that issue, but the recent action of the Attorney General necessarily requires some expansion of the scope of this inquiry. We confine this study to the matter of selection of Supreme Court …