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Articles 1 - 30 of 63
Full-Text Articles in Law
How I Changed My Mind, Thomas L. Shaffer
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
Thomas L. Shaffer
This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid …
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Thomas L. Shaffer
Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal representation. …
Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer
Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Legal Ethics And The Good Client, Thomas L. Shaffer
Legal Ethics And The Good Client, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Using The Pervasive Method Of Teaching Legal Ethics In A Property Course, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Lawyers As Prophets, Thomas L. Shaffer
The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer
The Professional Ethics Of Individualism And Tragedy In Martin Arrowsmith's Expedition To St. Hubert, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer
Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer
On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Jews, Christians, Lawyers, And Money, Thomas L. Shaffer
Jews, Christians, Lawyers, And Money, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Moral Theology In Legal Ethics, Thomas L. Shaffer
Moral Theology In Legal Ethics, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer
The Legal Ethics Of Fear: On The 1904 Report Of The Committee On Legal Ethics Of The Georgia Bar Association, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer
Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
The Profession As A Moral Teacher, Thomas L. Shaffer
The Profession As A Moral Teacher, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
The Legal Ethics Of Belonging, Thomas L. Shaffer
The Legal Ethics Of Belonging, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
On Lying For Clients, Thomas L. Shaffer
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Legal Ethics After Babel, Thomas L. Shaffer
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett
Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett
Richard W Garnett
What should lawyers think about and respond to death-row volunteers? When a defendant accused of a capital crime attempts to plead guilty, or instructs his lawyer not to present a particular defense; when a convicted killer refuses to permit the introduction of potentially life-saving mitigating evidence - or even urges the jury to impose a death sentence - at the sentencing phase of a death-eligible case; when a condemned inmate refuses to file, or to appeal the denial of, habeas corpus and other post-conviction petitions for relief; when he elects not to object to a particular capital-punishment method, to call …
Exporting American Legal Ethics, James E. Moliterno
Exporting American Legal Ethics, James E. Moliterno
James E. Moliterno
None available.
Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer, Cathryn Miller-Wilson
Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer, Cathryn Miller-Wilson
Cathryn A. Miller-Wilson
"Harmonizing Current Threats: Using the Outcry for Legal Education Reforms to Take Another Look at Civil Gideon and What it Means to be an American Lawyer," makes the argument that, like medical education, legal education should be seen as a public responsibility. With the extra government funding that would come from this view of legal education, Miller-Wilson proposes incorporating "teaching law firms" after law school for students to practice in various specialties before graduation, similar to a medical residency.
Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer, Cathryn Miller-Wilson
Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer, Cathryn Miller-Wilson
Cathryn A. Miller-Wilson
"Harmonizing Current Threats: Using the Outcry for Legal Education Reforms to Take Another Look at Civil Gideon and What it Means to be an American Lawyer," makes the argument that, like medical education, legal education should be seen as a public responsibility. With the extra government funding that would come from this view of legal education, Miller-Wilson proposes incorporating "teaching law firms" after law school for students to practice in various specialties before graduation, similar to a medical residency.
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
Lawyers Judging Experts: Oversimplifying Science And Undervaluing Advocacy To Construct An Ethical Duty?, David S. Caudill
David S Caudill
My focus is on an apparent trend at the intersection of the fields of evidentiary standards for expert admissibility and professional responsibility, namely the eagerness to place more ethical responsibilities on lawyers to vet their proffered expertise to ensure its reliability. My reservations about this trend are not only based on its troubling implications for the lawyer’s duty as a zealous advocate, which already has obvious limitations (because of lawyers’ conflicting duties to the court), but are also based on the problematic aspects of many reliability determinations. To expect attorneys - and this is what the proponents of a duty …
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
David S Caudill
No abstract provided.
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness
Northern Illinois University Law Review
In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin
Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin
Patricia E. Salkin
This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.
The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman
The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman
Pepperdine Law Review
No abstract provided.