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Full-Text Articles in Law

The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte Jan 1985

The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte

University of Richmond Law Review

History suggests that the attorney-client privilege is the oldest of the evidentiary privileges. It probably arose at common law during the 1500's, concurrent with the right to trial by jury. Judges initially viewed the privilege as a vindication of "the oath and the honor of the attorney." However, during the late 1700's, courts began to assert that the privilege's purpose was to encourage clients to make full disclosure to their counsel, by "providing subjectively for the client's freedom of apprehension." In 1871, the Virginia Supreme Court5 stated that "[i]f the privilege did not exist at all, every one would be …


The Fall And Rise Of Professionalism, Thomas D. Morgan Jan 1985

The Fall And Rise Of Professionalism, Thomas D. Morgan

University of Richmond Law Review

In recent years, there has been an increasing concern among lawyers that the legal profession may be declining in "professionalism." Professionalism is not a self-defining term; indeed, it is greatly overused today. There are professional football players, professional models and even professional wrestlers. The question, then, is what it means to be a professional for purposes of trying to decide whether lawyers are more professional or less professional than before. Although several definitions might be offered, I would assert that traditional professions seem to have at least three attributes.


The Virginia Code Of Professional Responsibility, Roderick B. Mathews Jan 1985

The Virginia Code Of Professional Responsibility, Roderick B. Mathews

University of Richmond Law Review

The purposes of my comments are to: (1) outline the historical development of the Code of Professional Responsibility (CPR) in the organized bar in the United States; (2) summarize the important differences between the Virginia Code of Professional Responsibility (Virginia CPR) and its predecessor in Virginia; (3) discuss the reasons for the most significant of those changes; and (4) compare the important differences between the American Bar Association model adopted in August 1983 (the Kutak Model) and the Virginia CPR. For the sake of brevity, I will make no reference to the multiple editorial revisions in the Virginia CPR which …


Legal Ethics In The Bid Rigging Cases, Anthony F. Troy Jan 1985

Legal Ethics In The Bid Rigging Cases, Anthony F. Troy

University of Richmond Law Review

As a member of the Bar, one can never be too conscious of the ethical duty owed to the client, to the system of justice, and to the general public. Members of the public are viewing the legal profession with increasing skepticism. Even the Chief Justice of the United States Supreme Court recently asked rhetorically whether the decline in the public standing of attorneys is the product of a general impression that our profession is lax in dealing with incompetent or dishonest lawyers. Ethical issues arise in many settings. This article will focus mainly on the ethical issues which arise …


The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino Jan 1985

The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino

University of Richmond Law Review

One of the most essential and critical components of a democratic society is the law profession. Lawyers are charged with the preeminent duty of assisting citizens in the maintenance of their individual rights. Because of a lawyer's "enviable position of prestige and respect," he "enjoy[s] much public confidence and trust." Therefore, society expects, and the profession demands, that only individuals possessing an adequate degree of intelligence, education, and good moral character be permitted to practice law.


The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss Jan 1985

The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss

University of Richmond Law Review

When Abraham Lincoln wanted to attract clients to his law practice in 1837, he ran a simple advertisement announcing his services in an Illinois newspaper. Despite the precedent set by "Honest Abe," fifty years later the American Bar Association banned legal advertising and solicitation. Today, there is no absolute ban on legal advertising. A need exists for information regarding legal assistance, and in today's commercially-oriented society, it is not surprising that members of the legal profession want to advertise the availability of their services.