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1993

Legal Ethics and Professional Responsibility

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Articles 1 - 30 of 126

Full-Text Articles in Law

Ethical Issues In Tax Practice, James P. Holden, Michael C. Durst Dec 1993

Ethical Issues In Tax Practice, James P. Holden, Michael C. Durst

William & Mary Annual Tax Conference

No abstract provided.


Can We Share Ethical Views With Other Religions?, Robert Hannaford Nov 1993

Can We Share Ethical Views With Other Religions?, Robert Hannaford

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, October 7, 1993.


Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck Oct 1993

Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck

Indiana Law Journal

No abstract provided.


Clark Memorandum: Fall 1993, J. Reuben Clark Law Society, J. Reuben Clark Law School Oct 1993

Clark Memorandum: Fall 1993, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


An Introduction To The European Community's Legal Ethics Code - Part Ii: Applying The Ccbe Code Of Conduct, Laurel Terry Oct 1993

An Introduction To The European Community's Legal Ethics Code - Part Ii: Applying The Ccbe Code Of Conduct, Laurel Terry

Faculty Scholarly Works

This article, which is Part 2 in a series, examines the CCBE Code of Conduct and continues where the prior article left off. See An Introduction to the European Community's Legal Ethics Code Part I: An Analysis of the CCBE Code of Conduct, 7 Georgetown J. of Legal Ethics 1 (1993). "CCBE" is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to …


A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo Oct 1993

A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo

Dalhousie Law Journal

Does a lawyer breach his' fiduciary duty by engaging in sexual activity with a client?' The Nova Scotia Barristers' Society is attempting to answer this very question with a proposed Rule in the Legal Ethics and Professional Responsibility Handbook : Chapter 24 on Sexual Relation-ships with a Client. The purpose of this paper is to review the proposed Rule in the context of a lawyer's fiduciary duty to his client.


Why Does Utilitarianism Seem Plausible?, John Dilworth Sep 1993

Why Does Utilitarianism Seem Plausible?, John Dilworth

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - May 27, 1993.


A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried Sep 1993

A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried

BYU Law Review

No abstract provided.


Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash Sep 1993

Physician-Patient Sexual Contact: The Battle Between The State And The Medical Profession, Tanya J. Dobash

Washington and Lee Law Review

No abstract provided.


Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness Sep 1993

Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness

BYU Law Review

No abstract provided.


The Place Of Ethics Centers In Higher Education, Douglas Ferraro Aug 1993

The Place Of Ethics Centers In Higher Education, Douglas Ferraro

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.


Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina Jul 1993

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications


Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle Jul 1993

Three Foundations Of Legal Ethics: Autonomy, Community, And Morality, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry Jul 1993

An Introduction To The European Community's Legal Ethics Code - Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel Terry

Faculty Scholarly Works

This article, which is Part 1 of two articles, examines the CCBE Code of Conduct. CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. This article summarizes the development of the CCBE Code of Conduct, explains who it applies …


Helping To Harm? The Ethical Dilemmas Of Managing Politically Sensitive Data, Sylvie C. Tourigny Jun 1993

Helping To Harm? The Ethical Dilemmas Of Managing Politically Sensitive Data, Sylvie C. Tourigny

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1993.


Determining The Appropriate Time Limitations On Attorney Malpractice Lawsuits In West Virginia: A Brief Overview, Vincent Paul Cardi Jun 1993

Determining The Appropriate Time Limitations On Attorney Malpractice Lawsuits In West Virginia: A Brief Overview, Vincent Paul Cardi

West Virginia Law Review

No abstract provided.


Post-Trial Interviews With Jurors: An Absence Of Regulation In West Virginia, Pamela M. Smoljanovich Jun 1993

Post-Trial Interviews With Jurors: An Absence Of Regulation In West Virginia, Pamela M. Smoljanovich

West Virginia Law Review

No abstract provided.


The Ethics Of Criminal Defense, William H. Simon Jun 1993

The Ethics Of Criminal Defense, William H. Simon

Michigan Law Review

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil do not …


Reasonable Children, Michael Pritchard May 1993

Reasonable Children, Michael Pritchard

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - May 19, 1993.


Legal Ethics And The Restatement Process -- The Sometimes-Uncomfortable Fit, Charles W. Wolfram Apr 1993

Legal Ethics And The Restatement Process -- The Sometimes-Uncomfortable Fit, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Parts And Wholes: The Integrity Of The Model Rules, Charles W. Wolfram Apr 1993

Parts And Wholes: The Integrity Of The Model Rules, Charles W. Wolfram

Cornell Law Faculty Publications

As important as is each of its parts, the 1983 Model Rules of Professional Conduct was, of course, meant to function as a whole. At the very least, the parts were presumably intended to work well with one another, sketching a regulatory apparatus that would guide both lawyers subject to it and courts and regulators administering it in a coherent and consistent manner. To a large extent the Model Rules made significant headway in this respect, continuing the movement toward more explicit and articulated regulation of the profession begun by their predecessor, the Model Code of Professional Responsibility.

Yet, …


The Inadmissibility Of Professional Ethical Standards In Legal Malpractice Actions After Hizey V. Carpenter, Marc R. Greenough Apr 1993

The Inadmissibility Of Professional Ethical Standards In Legal Malpractice Actions After Hizey V. Carpenter, Marc R. Greenough

Washington Law Review

In Hizey v. Carpenter, the Washington Supreme Court became the only court of last resort to prohibit introduction of the Code of Professional Responsibility and the Rules of Professional Conduct as evidence of an attorney's common law duty of care in an action for legal malpractice. This Note examines the Hizey decision and argues that the court should not create a preferential standard for attorneys. Instead, the court should admit professional ethical standards as evidence in legal malpractice actions on the same basis that the court admits statutes, ordinances, and administrative rules in other actions for negligence.


Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez Apr 1993

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

Faculty Articles

No abstract provided.


Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz Mar 1993

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.


It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps Mar 1993

It's Not Easy Being Easy: Advising Tax Return Positions , J. Timothy Philipps

Washington and Lee Law Review

No abstract provided.


In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone Feb 1993

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …


The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo Jan 1993

The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo

American University Law Review

No abstract provided.


The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke Jan 1993

The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke

Campbell Law Review

This article will examine the North Carolina statute and the soundness of this exemption.


Directiveness In Clinical Supervision, Jon Bauer Jan 1993

Directiveness In Clinical Supervision, Jon Bauer

Faculty Articles and Papers

This article, first published in 1993 but not previously available on SSRN, explores the attitudes and practices of clinical law teachers relating to issues of “directiveness” in their clinical supervision. The inquiry focuses on the tension between the educational value of student autonomy and clinicians’ professional interest in ensuring high quality client representation. The authors conducted a survey of clinicians teaching at law schools throughout the United States.


Ethics And Style: The Lessons Of Literature For Law, Thomas Morawetz Jan 1993

Ethics And Style: The Lessons Of Literature For Law, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.