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Articles 1 - 28 of 28

Full-Text Articles in Law

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson Nov 2000

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Duke Law Journal

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature ...


Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson Oct 2000

Nihilism Need Not Apply: Law And Literature In Barth's The Floating Opera, Rob Atkinson

Scholarly Publications

No abstract provided.


Ethics Issues Faced By Lawyers And Investment Bankers In Mergers And Acquisitions: A Problem Approach And Report Of Panel Discussion, Barry S. Alberts Esq., Samuel Thompson Jr. Jul 2000

Ethics Issues Faced By Lawyers And Investment Bankers In Mergers And Acquisitions: A Problem Approach And Report Of Panel Discussion, Barry S. Alberts Esq., Samuel Thompson Jr.

University of Miami Law Review

No abstract provided.


A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman Jul 2000

A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman

Indiana Law Journal

No abstract provided.


Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson Jun 2000

Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson

Washington and Lee Law Review

No abstract provided.


Legal Status Of The Lawyer-Director: Avoiding Ethical Misconduct, Stephen M. Zaloom Apr 2000

Legal Status Of The Lawyer-Director: Avoiding Ethical Misconduct, Stephen M. Zaloom

University of Miami Business Law Review

There is a long-standing practice of attorneys accepting positions as corporate directors, roles that to a large degree are indicative of professional accomplishment. Accepting a position on a corporation's board of directors is enticing for lawyers since they may enjoy the opportunity to influence corporate decisions in the business arena. Additionally, lawyers are prime candidates for directorships because they are uniquely qualified to assess business issues from a legal standpoint. In fact, it is common practice both in the past and today for attorneys to assume the dual role of both attorney and director. Corporate clients continuously request that ...


Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy Jan 2000

Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy

Faculty Scholarship

If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.


The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond Jan 2000

The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond

Hofstra Law Review

No abstract provided.


The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco Jan 2000

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.


The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin Jan 2000

The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin

Hofstra Labor & Employment Law Journal

No abstract provided.


Truth And Consequences, Stephen Ellmann Jan 2000

Truth And Consequences, Stephen Ellmann

Fordham Law Review

No abstract provided.


There But For Fortune: Real-Life Vs. Fictional Case Studies In Legal Ethics, Bruce A. Green Jan 2000

There But For Fortune: Real-Life Vs. Fictional Case Studies In Legal Ethics, Bruce A. Green

Fordham Law Review

No abstract provided.


What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton Jan 2000

What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton

Fordham Law Review

[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him


Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum Jan 2000

Discrediting The Truthful Witness: Demonstrating The Reality Of Adversary Advocacy, Eleanor W. Myers, Edward D. Ohlbaum

Fordham Law Review

No abstract provided.


The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel Jan 2000

The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel

Fordham Law Review

No abstract provided.


Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss Jan 2000

Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss

Fordham Law Review

No abstract provided.


Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine Jan 2000

Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine

Scholarly Works

In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of ...


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jan 2000

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Scholarly Works

No abstract provided.


Honor As A Deficient Aspiration For "The Honorable Profession": The Lawyer As Nostromo, Robert F. Cochran, Jr. Jan 2000

Honor As A Deficient Aspiration For "The Honorable Profession": The Lawyer As Nostromo, Robert F. Cochran, Jr.

Fordham Law Review

No abstract provided.


Value Pluralism In Legal Ethics, W. Bradley Wendel Jan 2000

Value Pluralism In Legal Ethics, W. Bradley Wendel

Washington University Law Review

My claim in this Article is that the foundational normative values of lawyering are substantively plural and, in many cases, incommensurable. By plural I mean that the ends served by the practice of lawyering are fundamentally diverse, and are therefore valued in different ways. Lawyers promote multiple worthwhile goals, including not only preserving individual liberty, speaking truth to power, showing mercy, and resisting oppression, but also enhancing order and stability in opposition to the “ill-considered passions” of democracy, aligning individual action with the public good, and shaping disputes for resolution by particular institutions such as courts and agencies. The claim ...


Is The Rule Of Law Cosmopolitan?, Robin West Jan 2000

Is The Rule Of Law Cosmopolitan?, Robin West

Georgetown Law Faculty Publications and Other Works

What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of ...


Defending The Innocent, Abbe Smith Jan 2000

Defending The Innocent, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Of the legal scholarship examining the representation of the innocent accused, most has to do with guilty pleas, not trial or post-trial advocacy. Most of this literature is concerned with the pressure put on innocent defendants to plead guilty in order to receive a more lenient sentence than what they would get if found guilty at trial. This problem is compounded by the inability of poor defendants to make bail. Unfortunately, there are other, equally insidious ways to pressure innocent defendants to plead guilty. When addressing the question of defending the innocent at trial or in a post-conviction challenge, most ...


Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith Jan 2000

Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Although defending defending may be an endless pursuit, I cannot help taking it on. I am, after all, a defender myself, and defending fellow defenders seems to go with the territory. Of course, attacks on criminal defenders do not come out of nowhere - difficult and complex questions often arise in criminal defense work. Unfortunately, the questions that are raised in the aftermath of a high profile case such as the Abner Louima case are usually the easy ones - questions that have more to do with the nature of the adversarial system than with the values or ethics of individual defense ...


Litigators’ Ethics, Michael E. Tigar Jan 2000

Litigators’ Ethics, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach Jan 2000

Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach

Pace Law Faculty Publications

This article is framed as a discussion of two proposals for modifying the Model Rules. One would declare fabricated controversy to be out of bounds as a tactical tool. The other would expressly affirm that it is an abuse of confidentiality for lawyers to engage in strategies of partial-truth advocacy, to assert partial truths while deliberately holding back other information that the lawyer should know is needed in order not to mislead others. Both of these techniques, fabrication of controversy and partial-truth advocacy, tend to undercut the trial as a “search for truth” and both interfere with negotiations as a ...


The Professional Responsibility Of Lawyers, Louise L. Hill Dec 1999

The Professional Responsibility Of Lawyers, Louise L. Hill

Louise L Hill

No abstract provided.


Symposium, Legal Ethics For Government Lawyers: Straight Talk For Tough Times: Introduction, Randy Lee Dec 1999

Symposium, Legal Ethics For Government Lawyers: Straight Talk For Tough Times: Introduction, Randy Lee

Randy Lee

No abstract provided.


German Mdps: Lessons To Learn, Laurel S. Terry Dec 1999

German Mdps: Lessons To Learn, Laurel S. Terry

Laurel S. Terry

This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and ...