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1992

Legal Ethics and Professional Responsibility

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Articles 1 - 30 of 59

Full-Text Articles in Law

Federal Standards Of Tax Practice: "Preparer" Penalties And Circular 230, Gwen T. Handelman Dec 1992

Federal Standards Of Tax Practice: "Preparer" Penalties And Circular 230, Gwen T. Handelman

William & Mary Annual Tax Conference

No abstract provided.


Arguing For Economic Equality, John Baker Nov 1992

Arguing For Economic Equality, John Baker

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - Febuary 10, 1992.


Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 1992

Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii Jul 1992

Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii

Indiana Law Journal

No abstract provided.


National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan Jun 1992

National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, January 31, 1992.


Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips Jun 1992

Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips

Washington and Lee Law Review

No abstract provided.


Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty May 1992

Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1992.


Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay Apr 1992

Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay

Boston College Law School Faculty Papers

This Article explores the professional responsibilities of progressive lawyers representing the poor and disadvantaged. The author argues that lawyers representing the poor are generally good, energetic lawyers committed to social justice and lessening the pain of poverty. Subsequently, the defects found in poverty lawyering are structural, institutional, political, economic, and ethical. Therefore, the author posits that the mission of teachers and practitioners should be to develop practice patterns and proposals that account for the street-level experiences of legal services lawyers on the front lines. By examining the notions of rebellious and regnant lawyering, the author seeks to illuminate how these ...


A Tragic View Of Poverty Law Practice, Paul R. Tremblay Apr 1992

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


Tricks Prosecutors Play, Bennett L. Gershman Apr 1992

Tricks Prosecutors Play, Bennett L. Gershman

Pace Law Faculty Publications

Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”


Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders Mar 1992

Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders

Brigham Young University Journal of Public Law

No abstract provided.


The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton Mar 1992

The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton

Center for the Study of Ethics in Society Papers

The purpose of WMU's Center for the Study of Ethics is to encourage and support research, teaching, and service to the university and community in areas of applied and professional ethics. These areas include, but are not restricted to: business, education, engineering, government, health and human services, law, media, medicine, science, and technology.


Lawyers And Loyalty, Michael K. Mcchrystal Feb 1992

Lawyers And Loyalty, Michael K. Mcchrystal

William & Mary Law Review

No abstract provided.


La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch Jan 1992

La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.


Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood Jan 1992

Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood

Law Faculty Scholarly Articles

For many jurisdictions, the need for part-time prosecutors is a reality that will continue into the foreseeable future. The daunting task of balancing a private practice with prosecutorial duties is made all the more difficult by the lack of a coherent set of guidelines for minimizing the impact of conflicts of interest. What is needed is a set of guidelines flexible enough to permit attorneys to balance the part-time prosecutor's dual practice yet concrete enough to protect the system and its participants from conflicts of interest. Of prime importance in establishing any such system is the need for a ...


The Questions Of Authority, Frederick Schauer Jan 1992

The Questions Of Authority, Frederick Schauer

Philip A. Hart Memorial Lecture

In 1992, Professor, Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: "Two Cheers for Authority: Should Officials Obey the Law?."

Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The ...


Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek Jan 1992

Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.


Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher Jan 1992

Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher

Villanova Law Review

No abstract provided.


Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel Jan 1992

Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel

Loyola University Chicago Law Journal

No abstract provided.


Avalon Ethics, Thomas D. Eisele Jan 1992

Avalon Ethics, Thomas D. Eisele

Faculty Articles and Other Publications

Book review of Thomas Shaffer & Nancy Shaffer, American Lawyers and Their Communities (1991)


The Thomas Hearings: Watching Ourselves, Robert F. Nagel Jan 1992

The Thomas Hearings: Watching Ourselves, Robert F. Nagel

Articles

No abstract provided.


Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil Jan 1992

Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil

Articles

No abstract provided.


State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank Jan 1992

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

Faculty Scholarship at Penn Law

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional ...


Beyond The New Role Morality For Lawyers, Rob Atkinson Jan 1992

Beyond The New Role Morality For Lawyers, Rob Atkinson

Scholarly Publications

No abstract provided.


State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell Jan 1992

State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell

Cornell Law Faculty Publications

No abstract provided.


Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker Jan 1992

Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker

Law Faculty Articles and Essays

This Article identifies and critiques existing sources of confusion in the law and proposes revised and alternative discovery procedures to provide equal access to information possessed by ex-employees, while simultaneously safeguarding the integrity of that information. Its primary emphasis is on federal jurisprudence, although important points of consensus and departure between state and federal law are noted, as appropriate. Part I explains the issues that arise in informal discovery, and the difficulties with clearly resolving those issues given the conflicting state of the law. Part II discusses application of the attorney-client privilege to communications between corporate counsel and former employees ...


Subjecting Land Commissioners To The Same Strict Disqualification Standards As Judges Under 28 U.S.C. § 455. United States V. Werner, 916 F.2d 175 (4th Cir. 1990), Paula D. Hunt Jan 1992

Subjecting Land Commissioners To The Same Strict Disqualification Standards As Judges Under 28 U.S.C. § 455. United States V. Werner, 916 F.2d 175 (4th Cir. 1990), Paula D. Hunt

Washington University Law Review

No abstract provided.


Doing The Right Thing, Geoffrey C. Hazard Jr. Jan 1992

Doing The Right Thing, Geoffrey C. Hazard Jr.

Washington University Law Review

At one level, it is easy to describe the ethical standards observed by many lawyers. Quite bluntly, they are terrible. On the other hand, the ethical standards observed by many lawyers are excellent, particularly considering the very difficult and delicate ethical problems with which they must deal. The problem of "bad actors" in the profession is, in my opinion, primarily the weakness of institutions' ability to secure compliance with the profession's official standards. For example, the disciplinary machinery in many jurisdictions has simply been overwhelmed with grievances that cannot be adequately investigated.

However, the focus of the present analysis ...


Personal Values And Professional Ethics, Geoffrey C. Hazard Jr. Jan 1992

Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.

Cleveland State Law Review

My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice ...


The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman Jan 1992

The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman

The John Marshall Law Review

No abstract provided.