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2001

Legal Ethics and Professional Responsibility

Journal

Mercer University School of Law

Articles 1 - 9 of 9

Full-Text Articles in Law

Symposium Introduction - Ethics In Settlement Negotiations: Foreward, Patrick Emery Longan May 2001

Symposium Introduction - Ethics In Settlement Negotiations: Foreward, Patrick Emery Longan

Mercer Law Review

On March 9 and 10, 2001, Mercer University's Walter F. George School of Law and its Mercer Center for Legal Ethics and Professionalism held a Symposium on ethical issues in settlement negotiations. Funding for the Symposium came from a consent order, signed by United States District Judge Hugh Lawson, in which the DuPont Corporation settled claims of litigation misconduct in exchange for a payment of $11 million. Each of the four accredited law schools in Georgia received $2.5 million to endow a faculty chair in ethics and professionalism, and the other $1 million was set aside to endow an annual …


Session Two: Conditional Settlement Agreements May 2001

Session Two: Conditional Settlement Agreements

Mercer Law Review

A transcript featuring The Honorable Marvin Aspen, Evett Simmons, Esq., Professor Ronald Ellington, and Professor Bruce Green, Moderator


Symposium Article - The Incompleteness Of The Model Rules And The Development Of Professional Standards, Nathan M. Crystal May 2001

Symposium Article - The Incompleteness Of The Model Rules And The Development Of Professional Standards, Nathan M. Crystal

Mercer Law Review

Rules and standards of professional conduct are proliferating. In November 2000, the American Bar Association's ("ABA's") Ethics 2000 Commission released its final report recommending changes in the ABA's Model Rules of Professional Conduct. Earlier in the year the American Law Institute ("ALI") issued its long awaited Restatement of the Law Governing Lawyers.

The Model Rules and the Restatement are similar in two respects. Both contain detailed rules and both are comprehensive, covering relationships between lawyers and their clients, the courts, and third parties. Standards prepared by other organizations, however, have taken a narrower approach. Some have focused on particular activities …


Symposium Speech - Those Who Worry About The Ethics Of Negotiation Should Never Be Viewed As Just Another Set Of Service Providers, Lawrence J. Fox May 2001

Symposium Speech - Those Who Worry About The Ethics Of Negotiation Should Never Be Viewed As Just Another Set Of Service Providers, Lawrence J. Fox

Mercer Law Review

It is an honor to address this distinguished group of lawyers and law students this evening as part of the very first Symposium funded by the duPont Company's generosity by way of Judge Lawson. The issues important themes in the bigger professional responsibility arena, and examining them with this level of care can inform the profession more widely.

It is ironic then that when Professor Pat Longan invited me to give the keynote address, he himself negotiated my appearance in a highly questionable manner. "Would I like to be the keynote speaker at this upcoming Symposium?" Would I? Of course, …


Session Four: Special Issues In Assisted Settlement May 2001

Session Four: Special Issues In Assisted Settlement

Mercer Law Review

No abstract provided.


Session Three: Fairness Issues In Negotiation May 2001

Session Three: Fairness Issues In Negotiation

Mercer Law Review

No abstract provided.


A Transcript Of The March 10, 2001 Luncheon Speech, Patrick E. Higginbotham May 2001

A Transcript Of The March 10, 2001 Luncheon Speech, Patrick E. Higginbotham

Mercer Law Review

Introduction of Judge Higginbotham by Professor Patrick Longan

Judge Higginbotham comes to us from Dallas. He has had a very distinguished career. He was a United States District Judge in Dallas for seven years and then was appointed to the United States Court of Appeals for the Fifth Circuit. In addition to his judicial duties, he has served in a number of capacities throughout his career. Most recently he served a four-year term as president of the American Inns of Court Foundation. He has served as the Chairman of the Advisory Committee on Civil Rules. He has done a number …


Session One: Limits On Misleading Conduct May 2001

Session One: Limits On Misleading Conduct

Mercer Law Review

A transcript featuring The Honorable Thomas Zlaket, Wm. Reece Smith, Jr., Esq., Professor Nathan Crystal, and Professor Amy Mashburn, Moderator


Resolving The Mdp Issue: Deciding If The Status Quo Is What's Best For The Client, Julia J. Hall May 2001

Resolving The Mdp Issue: Deciding If The Status Quo Is What's Best For The Client, Julia J. Hall

Mercer Law Review

On the forefront of the current debate surrounding legal ethics is the heated question of whether the legal profession should permit its members to participate in multidisciplinary practices or partnerships ("MDPs") and thereby share fees with nonlawyers. Currently, this conduct is prohibited by the Model Rules of Professional Conduct. This issue clearly has global implications for various professions desiring to partner with attorneys, and those persons with interest in this area have followed the debate closely as viewpoints are researched and expressed in support of one position over another. Nonetheless, the American Bar Association ("ABA") has effectively closed the door …