Law Commons^™

Lost And Found - David Hoffman And The History Of American Legal Ethics, Michael S. Ariens

Faculty CLE

David Hoffman was a successful Baltimore lawyer who wrote the first study of American law in 1817 and authored the first maxims of American legal ethics. Yet for more than a century after his death, Hoffman was a forgotten figure to American lawyers. Beginning in the late 1970s, Hoffman was re-discovered, and his writings on legal ethics have been favorably cited.

How and why was Hoffman “lost” to American law for over a century, and why he was “found”? Hoffman was lost to history because his view of ethics was premised on republican virtue, specifically the concept of honor. A …

How Low Can You Go? Analyzing Deposition Misconduct And Avoiding Common Deposition Mistakes, David A. Grenardo

Faculty CLE

This article discusses attorney misconduct in cases from several jurisdictions that relate to the following common mistakes made concerning depositions: failure to prepare for a deposition, failure to act during a deposition, and coaching a witness. This article also provides practical insight on how to avoid these mistakes.

Enforcing Civility: Holding Attorneys To A Higher Standard Of Conduct, David A. Grenardo

Faculty CLE

As there continue to be incidents of attorneys slapping opposing counsel at depositions, attorneys personally attacking each other during litigation (including in one case disparaging remarks about an attorney’s alleged lack of parenting ability), and numerous other rude and disrespectful behavior by attorneys, incivility remains a pervasive problem in the legal profession. The response thus far to incivility by the legal profession includes voluntary civility codes and calls for professionalism. These responses fail to address the systemic issue of incivility in the legal profession. As a result, several states added civility to their oaths of admission, while several jurisdictions took …

Tales From The Abyss: What Does It Take To Get Disbarred These Days?, David A. Grenardo

Faculty CLE

As the behavior of attorneys appears to become more repugnant as the years pass, legal scholars continue to lament over the decline in civility and quality of attorneys in the profession. One cannot avoid the YouTube clip where a judge finds that an attorney has shown up drunk in her court, or stories like that of a prominent plaintiff’s attorney whose conduct included failing to obey court orders, failing to maintain respect to the courts, seeking to mislead the jury, and committing several acts of moral turpitude, which the reviewing court deemed outrageous. The punishment for these two lawyers included …

Determining The Legal Ramifications Of Express Oil And Gas Lease Provisions: Do The Rules Of Document Interpretation Provide Predictability?, Laura H. Burney

Faculty CLE

The oil and gas lease has served as the basic contract for the petroleum industry since 1853. Throughout the decades, the “typical” oil and gas lease clauses have been developed and revised in response to judicial decisions. To provide an update on the evolution of today’s oil and gas lease, it is necessary to review selected court decisions construing lease clauses.

Theoretically, the rules of document interpretation should provide a reliable guide when courts are asked to determine the legal ramifications of express lease provisions. However, review of relevant cases, including recent decisions and older cases providing unique lessons about …

Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney

Faculty CLE

Many courts may determine hydraulic fracturing to be an impermissible trespass. Hydraulic fracturing is a common method used to increase production from oil and gas wells. However, the extent of wellbore fractures can only be determined by theoretical calculations. This reality affects the application of the legal doctrines of the rule of capture, common law trespass, and implied covenants in the oil and gas lease. When these controversies reach the court, a traditional policy conflict is also at play: whether to protect property rights or to encourage oil and gas production.

Without express legislative endorsement of fracturing as promoting valuable …

Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey

Faculty CLE

No abstract provided.