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Full-Text Articles in Law
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Seen But Not Heard: Advocating For Children In New York State, Sarah L. Marx
Touro Law Review
On November 1, 2008, the New York State Bar Association House of Delegates approved a resolution affirming their commitment towards establishing a civil right to counsel in New York State. One of the issues identified is a child's right to representation not only in criminal, but also civil proceedings. Unlike other litigant groups, children have a statutorily established right to council in civil proceedings. However, as the white paper, adopted by the New State Bar Association, details, there are gaps in children 's advocacy throughout New York State. While significant steps towards improvement have recently taken place, there is still …
Current Developments In Advocacy To Expand The Civil Right To Counsel, Paul Marvy, Laura Klein Abel
Current Developments In Advocacy To Expand The Civil Right To Counsel, Paul Marvy, Laura Klein Abel
Touro Law Review
Around the country, state and local bar associations, access to justice commissions, and local advocacy groups are working to expand the right to counsel in their jurisdictions. The passage of three statutes in the past three years is tangible evidence of their efforts. Many civil right to counsel advocates take as their mandate a resolution passed unanimously by the American Bar Association’s House of Delegates two years ago, calling on the government to provide counsel in cases in which “basic human needs are at stake.” This Article describes efforts underway in eleven states to expand the right to counsel, as …
Law School Marketing And Legal Ethics, Ben L. Trachtenberg
Law School Marketing And Legal Ethics, Ben L. Trachtenberg
Faculty Publications
Law schools have misled prospective students for years about the value of legal education. In some cases, law school officials have engaged in outright deceit, knowingly spreading false information about their schools. More commonly, they have presented statistics — especially those concerning the employment outcomes of law graduates — in ways nearly guaranteed to confuse readers. These deceptions and sharp practices violate the norms of the legal profession, a profession that scrupulously regulates the advertising of legal services. The deceptions also violate ethical rules prohibiting lawyers from engaging in dishonesty, misrepresentation, and deceit. This article exposes how pitches aimed at …
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Hofstra Law Review
Lawyers err every day, in hard and easy cases, in trials and transactions, and in large and small firms. By turns commonplace and noteworthy, the errors fall in both the private shadow and the public light of for-profit, nonprofit, and government practice. The literature of lawyer and, by extension, law firm error spans common law doctrines, state ethics rules and opinions, federal rules, practitioner treatises, restatements, and academic casebooks and commentaries. Despite the breadth of this literature, the intertwined problems of lawyer or law firm error and client malpractice disclosure remain unresolved and surprisingly underappreciated.
Against the backdrop of widening …
Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda
Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda
Hofstra Law Review
When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary lawyer instead of to co-counsel), the black letter rule in Rule 4.4 requires the lawyer to notify the other side. However, this Rule does not require the receiving lawyer to return the document unread. Whether the receiving lawyer can use that document depends, in essence, on the law of evidence. If the court decides that the document lost its privileged status (perhaps because the sending lawyer acted …
The Case For Proactive Management-Based Regulation To Improve Professional Self-Regulation For U.S. Lawyers, Ted Schneyer
The Case For Proactive Management-Based Regulation To Improve Professional Self-Regulation For U.S. Lawyers, Ted Schneyer
Hofstra Law Review
The article discusses the American Bar Association's (ABA's) Standing Committee on Professional Discipline and its review of the ABA's Model Rules for Lawyer Disciplinary Enforcement, focusing on proactive management-based regulation as a means of improving professional self-regulation for U.S. lawyers as of 2013. Other topics include attorney misconduct claims by clients, law firm management, and the roles of solicitors in assessing a law firm's ethical infrastructure in New South Wales.
Regulators, Mount Up, Ben L. Trachtenberg
Regulators, Mount Up, Ben L. Trachtenberg
Faculty Publications
Since I began circulating drafts of an article arguing that certain law school officials have exposed themselves to professional discipline by engaging in dishonest marketing tactics, responses have varied considerably. Everyone seems to agree, however, that law school officials should not lie in their pursuit of students. There also appears to be broad consensus that misleading (albeit not intentionally false) marketing—such as systematically skewed salary statistics—is an unfortunate phenomenon, although disagreement remains on just how serious a problem it is and what level of corrective effort is appropriate. In their recently-published response pieces, Kyle McEntee of Law School Transparency (“LST”) …