Law Commons^™

A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz

University of Denver Criminal Law Review

No abstract provided.

Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers

Joni Hersch

Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative data from the 2015 National Survey of College Graduates to examine gender differences in lawyers’ job satisfaction, and finds that any apparent similarity of job satisfaction between genders likely arises from dissatisfied female JDs sorting out of the legal profession at higher rates than their male counterparts, leaving behind the most satisfied women. This Article also provides a detailed examination of the specific working conditions that …

Building Bridges Across Curricular And Status Lines: Gender Inequity Throughout The Legal Academy, Kristen K. Tiscione, Melissa H. Weresh

Georgetown Law Faculty Publications and Other Works

No abstract provided.

Gender Inequity Throughout The Legal Academy: A Quick Look At The (Surprisingly Limited) Data, Kristen K. Tiscione

Georgetown Law Faculty Publications and Other Works

The long-standing overrepresentation of female law faculty in skills teaching and service-oriented positions is well documented. In contrast, the historical underrepresentation of female law faculty in top dean and tenured or tenure-track teaching positions has been widely recognized but difficult to quantify. The American Bar Association has a link in the statistics archives of its website to a chart from Fall 2013 on the gender, ethnicity, and status of law faculty. The Association of American Law Schools (AALS) links to the same chart on its website. This chart replaced a similar chart covering 2008 to 2009 that the ABA has …

Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan S. Fortney

Susan S. Fortney

The legal landscape for lawyers’ professional liability in the United States is changing. In 2018, Idaho implemented a new rule requiring that lawyers carry legal malpractice insurance. The adoption of the Idaho rule was the first move in forty years by a state to require legal malpractice insurance since Oregon mandated lawyer participation in a malpractice insurance regime. Over the last two years, a few states have considered whether their jurisdictions should join Oregon and Idaho in requiring malpractice insurance for lawyers in private practice. To help inform the discussion, the article examines different positions taken in the debate on …

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Georgetown Law Faculty Publications and Other Works

This Article is the first to make the business case for firms to promote and prioritize lawyer well-being. For more than three decades, quantitative research has demonstrated that lawyers suffer from depression, anxiety, and addiction far in excess of the general population. Since that time, there have been many calls within and outside the profession for changes to be made to promote, prioritize, and improve lawyer well-being, particularly as many aspects of the current law school and law firm models exacerbate mental health and addiction issues, as well as overall law student and lawyer distress. These calls for change, made …

Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno

James E. Moliterno

The legal profession tends to look inward and backward when faced with crisis and uncertainty. The legal profession could make greater advances by looking outward and forward to find in society and culture the causes of and connections with the legal profession’s crises. Doing so would allow the profession to grow with society, solve problems with rather than against the flow of society, and be more attuned to the society the profession claims to serve.

The Past, Present, And Future Of Rural Northern New England: A Study Of The Demographics Crisis And How It Affects The Rural Lawyer Shortage, Christopher Chavis

Maine Law Review

Like most of rural America, Northern New England is facing a shortage of lawyers in its rural spaces. The three states are facing an aging bar and demographic trends that indicate that this will only continue. The situation is already dire. The Northern New England states currently rank among the oldest states in the country and there are counties where young lawyers are an almost extinct species. The current trends are not unprecedented. As one of the first areas to industrialize, New England saw its young people leave the countryside early and start to flock to growing cities. As the …

Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark

Maine Law Review

Access to counsel for criminal defendants is a continuing challenge in rural localities, notwithstanding the mandates of Sixth Amendment jurisprudence. In this Article, we first review the state of the law on access to counsel in criminal cases, noting the latitude allowed to state and local governments in their policy decisions. We then examine empirical approaches to measuring access to counsel and describe in detail both the law and the data on this issue from the state of Texas. We present exploratory analyses of those data comparing rural and urban places for various aspects of access to counsel, including rules …

Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero

Maine Law Review

Rural areas throughout the country, including those in Maine, are beginning to navigate the challenges and benefits of burgeoning communities of color. District Attorneys’ offices in the state, however, have done little to prepare for this major demographic shift. Maine district attorneys must expand their understanding of their duties to do justice and assure access to justice by better serving rural Mainers of color. While a number of scholars have focused on the legal challenges communities of color face in urban environments as well as those faced by what have been presumed to be White communities in rural areas, this …

Rural Practice As Public Interest Work, Hannah Haksgaard

Maine Law Review

As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers.

Foreword, Mac Walton Editor-In-Chief

Maine Law Review

No abstract provided.

Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan S. Fortney

St. Mary's Journal on Legal Malpractice & Ethics

The legal landscape for lawyers’ professional liability in the United States is changing. In 2018, Idaho implemented a new rule requiring that lawyers carry legal malpractice insurance. The adoption of the Idaho rule was the first move in forty years by a state to require legal malpractice insurance since Oregon mandated lawyer participation in a malpractice insurance regime. Over the last two years, a few states have considered whether their jurisdictions should join Oregon and Idaho in requiring malpractice insurance for lawyers in private practice. To help inform the discussion, the article examines different positions taken in the debate on …

“The More Things Change, The More They Remain The Same:” Lawyer Ethics In The 21st Century, Gregory C. Sisk

St. Mary's Journal on Legal Malpractice & Ethics

At an accelerating pace since the recession, our legal profession has been undergoing structural changes in the delivery of many legal services. At the same time, longstanding principles of ethics continue to govern the day-to-day lives of practicing lawyers.

This article lays out four examples of how meaningful change in lawyer practice has been accomplished since the turn-of-the-century with continued adherence to bedrock professional concepts. First, the rules now embrace the multi-jurisdictional practice of law, while the disciplinary authority of each jurisdiction is emphatically confirmed and strengthened. Second, rules on lawyer advertising are streamlined to grant largely open-ended permission for …

Connecting Prospective Law Students' Goals To The Competencies That Clients And Legal Employers Need To Achieve More Competent Graduates And Stronger Applicant Pools And Employment Outcomes, Neil W. Hamilton

St. Mary's Journal on Legal Malpractice & Ethics

The author’s chapters in the 2018 professional responsibility hornbook, Legal Ethics, Professional Responsibility, and the Legal Profession, discuss the new data available to help law faculties and students understand the competencies that clients and legal employers want. The foundation for many of these competencies—like ownership over continuous professional development and the relational competencies with clients and teams—is the student’s professional identity or moral core. But students need help to understand these connections.

We have seen some very useful new data over the last few months that will help build bridges among the three major stakeholders in legal education: the …

Rise Of The Robot Lawyers?, Milan Markovic

Milan Markovic

The advent of artificial intelligence has provoked considerable speculation about the future of the American workforce, including highly educated professionals such as lawyers and doctors. Although most commentators are alarmed by the prospect of intelligent machines displacing millions of workers, this is not so with respect to the legal sector. Media accounts and some legal scholars envision a future where intelligent machines perform the bulk of legal work, and legal services are less expensive and more accessible. This future is purportedly at hand as lawyers struggle to compete with technologically savvy alternative legal service providers.

This Article challenges the notion …

Innovation Tournament, Wendy Moore, Allison Reeve, Andre Davison, Martin Korn, Erik Adams

Presentations

Innovation tournaments are opportunities to leverage the expertise of a group to come up with solutions that can address a particular challenge. First implemented within corporations to generate creative input among employees, innovation tournaments have now crossed into other sectors, such as academia, the tech world, and the AALL Annual Meeting & Conference. Simply put, innovation is change that adds value, and AALL members are doing this every day—this is an opportunity to showcase their ideas.

For the culmination of the tournament, finalists will present their innovation plans to the audience, which will include a special panel of judges. At …

The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan

Barry Sullivan

No abstract provided.

From Decoder Rings To Deep Fakes: Translating Complex Technologies For Legal Education, Jason Tubinis, Rachel S. Evans

Presentations

Technological developments are disrupting the practice of law” is a common refrain, but the last few years has seen some particularly complex pieces of technology become the hot new thing in legal tech. This session will look at blockchain, quantum computing, artificial intelligence, and ‘Deep Fakes’ as examples of how instructors can stay abreast of technological developments and inform themselves about their impacts in the legal profession. Then we will look at how to translate the complexities and jargon of these examples into lessons for for-credit courses, one-off informational sessions, or meetings with stakeholders.

Learning outcomes:

• Participants will be able …

Access To Justice Requires Access To Attorneys: Restrictions On The Practice Of Law Serve A Societal Purpose, Lisa H. Nicholson

Lisa H. Nicholson

No abstract provided.

Kentucky's Future Need For Attorneys, Leslie W. Abramson

Leslie W. Abramson

No abstract provided.

Data Visualization: Tips & Tricks, Amy Taylor, Carol A. Watson

Presentations

Data visualization has quickly become a fixture in daily life, from presentations of charts and graphs by media organizations to presentations of data analytics and case relationships by legal database providers. This program will walk participants through the four conceptualizations of data presentation, as well as an exploration on using data visualization to persuade your audience. We will present law library examples for each concept, using free and low cost data visualization tools.

The Supreme Court Bar At The Bar Of Patents, Paul Gugliuzza

Faculty Scholarship

Over the past two decades, a few dozen lawyers have come to dominate practice before the U.S. Supreme Court. By many accounts, these elite lawyers—whose clients are often among the largest corporations in the world—have spurred the Court to hear more cases that businesses care about and to decide those cases in favor of their clients. The Supreme Court’s recent case law on antitrust, arbitration, punitive damages, class actions, and more provides copious examples.

Though it is often overlooked in discussions of the emergent Supreme Court bar, patent law is another area in which the Court’s agenda has changed significantly …

Rise Of The Robot Lawyers?, Milan Markovic

Faculty Scholarship

The advent of artificial intelligence has provoked considerable speculation about the future of the American workforce, including highly educated professionals such as lawyers and doctors. Although most commentators are alarmed by the prospect of intelligent machines displacing millions of workers, this is not so with respect to the legal sector. Media accounts and some legal scholars envision a future where intelligent machines perform the bulk of legal work, and legal services are less expensive and more accessible. This future is purportedly at hand as lawyers struggle to compete with technologically savvy alternative legal service providers.

This Article challenges the notion …

Online Resources To Enhance Your Job Search, Sharon Bradley

Presentations

There are a host of online resources to help you find jobs and prepare for interviews. Law students were invited to learn more about them in Classroom C of Hirsch Hall at 12 noon. For additional information including resource links visit the related guide online at: http://libguides.law.uga.edu/career

Email In 2019, Sharon Bradley

Presentations

Email is a primary means of communication within the legal profession. Law students were invited to learn about the etiquette of email, and about how to handle their email accounts efficiently and effectively. Presented at 12 noon in Classroom C of Hirsch Hall. For additional information including resource links visit the related guide online at: http://libguides.law.uga.edu/career

Tidying-Up Your Digital Life: Knowledgement Management In Law School & Beyond, Amy Taylor

Presentations

Taylor delivered a session full of tips and tricks for gathering information and keeping it all organized in the age of info-overload. Portions of the session focused on apps, cloud storage, label systems, customizing news alerts and developing your own trusted method for intake and synthesis. Specific applications that were discussed in greater detail included Evernote, Pocket, OneNote and AirTable. Attendee's walked away with ideas about how to best manage their own busy inboxes, news and articles by off-loading working memory anxiety's to a personal system that fits their professional life needs.

Evidence-Based Lawyer Regulation, Elizabeth Chambliss

Faculty Publications

The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under a spotlight. Competition from technology companies and concerns about access to justice have increased political pressure for market liberalization. Independent research is challenging the unique value of lawyers’ services, even in formal legal proceedings, and this research is increasingly well-organized and well-funded at the national level. The organized bar is asleep at the wheel and ill-prepared to respond.

This Article argues that the United States is moving toward evidence-based lawyer regulation, and suggests strategies for equipping …

Legal Education Unbundled (And Rebundled), Megan Carpenter

Law Faculty Scholarship

This essay calls for an unbundling of legal education, much like the kind of unbundling we have seen in the cable, music, and print news media. It suggests that the standard legal education "bundle"-the generalized JD-is just one of many forms of legal education that can be packaged appropriately for today's legal education market needs.

Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick

Departmental Honors Projects

There are few legal avenues for low-income and other marginalized groups in the United States to seek civil justice. A lack of legal assistance in civil issues can be detrimental to a person’s health and wellbeing. Given this reality, the legal profession must broaden its capacity to serve these needs, and one path is to embrace the aid of paralegals. In 2016, the legal community of Minnesota had conversations about whether the state should provide limited licenses to paralegals. To study models from across the country, the Minnesota State Bar Association (MSBA) formed the Alternative Legal Models Task Force. In …