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Articles 1 - 5 of 5
Full-Text Articles in Law
Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley
Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley
Faculty Scholarship
That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediation practice strongly suggests the need to develop a theory of "good" representational mediation practice that takes into account competing client interests. On the one hand, lawyers must encourage client voice and participation. At the same time, however, the demands of professionalism require that lawyers guide their clients toward responsible decisionmaking. Representational lawyering in mediation may involve a number of distinct and traditional lawyering functions-- client counseling, negotiation, evaluation and advocacy. In …
Role Of Personal Values In Professional Decisionmaking, The , Bruce A. Green
Role Of Personal Values In Professional Decisionmaking, The , Bruce A. Green
Faculty Scholarship
The 1908 Canons of Professional Ethics directed a lawyer to "obey his own conscience."' Lawyers receive similar advice today. Writings on legal practice encourage lawyers to make professional decisions based on their moral values and religious beliefs, as expressed in the familiar injunction: to be charted by one's own "moral compass." Underlying this advice is an assumption about the professional norms - namely, that they accommodate, if not contemplate, lawyers' reliance on personal values. This assumption finds some support in the contemporary codes of lawyer conduct, which acknowledge a role for the lawyer's "conscience" or "moral judgment." Yet, it is …
Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, The , James A. Cohen
Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, The , James A. Cohen
Faculty Scholarship
Attorneys who represent possibly incompetent defendants charged with criminal conduct face difficult ethical issues, implicating professional duties of loyalty, zealous representation, and confidentiality-as an ethical question and as a matter of the law of evidence. The principles of agency underlying the attorney-client relationship are also implicated when the defendant's capacity is in doubt. In the ordinary criminal case, the client has at least implicitly authorized his lawyer's conduct. But if the defendant is impaired, the client may not have the mental capacity to authorize the attorney's actions. Defense counsel representing the possibly incompetent criminal defendant will often be the only …
Conflicts Of Interest In Legal Representation: Should The Appearance Of Impropriety Rule Be Eliminated In New Jersey - Or Revived Everywhere Else , Bruce A. Green
Conflicts Of Interest In Legal Representation: Should The Appearance Of Impropriety Rule Be Eliminated In New Jersey - Or Revived Everywhere Else , Bruce A. Green
Faculty Scholarship
Sixty-five years ago, an American Bar Association (ABA) committee interpreting the Canons of Professional Ethics (Canons) concluded that it would be professionally improper for a part-time prosecutor to agree to defend an individual in a civil action while simultaneously prosecuting him on felony charges. The committee acknowledged that the representation of conflicting interests is ordinarily proper with the respective clients' consent. But it said that client consent does not suffice in a case involving a public officer, who has a duty "to be and remain above all suspicion, even at personal financial sacrifice." It concluded that such "[a]n attorney should …
Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green
Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green
Faculty Scholarship
We who teach legal ethics employ many of the teacher's arts to win our students' appreciation for the course. We do not always succeed. As Deborah Rhode has observed, "[t]here are inherent problems and infinite ways to fail in teaching this subject." Yet, we continue to seek a method for teaching the course effectively. If nothing else, our efforts have led to the development of a substantial body of literature on teaching legal ethics to which this Article will contribute. Its focus is on what, rather than how, to teach. This Article asks: What should be the content of the …