Law Commons^™

The Lawyer As Dream Enabler, Gerald S. Reamey

Faculty Articles

In law school and in law practice, the power of preparation is reinforced. Generations of law students have heard me extol the virtue of preparation above all others. While it is true, even the best preparation will never beat luck; luck is fickle and not subject to our control. On the other hand, we totally control the amount and quality of the preparation we put into any project. I discovered preparation is more important than good looks, nice clothes, a shiny leather briefcase, eloquence, experience, or even intelligence.

Faith And Faithfulness: Vocation As Self, Others, And A Third Thing, Joel A. Nichols

Touro Law Review

Many of us are prone to thinking in binaries—in “either/or” categories, or in black-and-white thinking. Lawyers seem to be especially skilled at this, as we are trained to identify two things and then try to navigate between them or name their similarities and differences. But staying within that framework can be unhelpful, and even stifling, at times. This Essay explores the intersection of faith and the practice of law, especially the idea of vocation. It offers an approach to get out of the binary by suggesting that looking at a third thing is essential. For vocation, this includes (1) listening …

Lawyer Training Shouldn't Be One Size Fits All, Heidi K. Brown

Articles & Chapters

No abstract provided.

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.

Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman

Faculty Publications

Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …

Lawyering 'Twisties': Naming And Untangling Performance Anxiety, Heidi K. Brown

Articles & Chapters

No abstract provided.

Business Law And Lawyering In The Wake Of Covid-19, Joan Macleod Heminway

Scholarly Works

The public arrival of COVID-19 (the novel coronavirus 2019) in the United States in early 2020 brought with it many social, political, and economic dislocations and pressures. These changes and stresses included and fostered adjustments in business law and the work of business lawyers. This article draws attention to these COVID-19 transformations as a socio-legal reflection on business lawyering, the provision of legal services in business settings, and professional responsibility in business law practice. While business law practitioners, like other lawyers, may have been ill-prepared for pandemic lawyering, we have seen them rise to the occasion to provide valuable services, …

“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow- Kleinhaus

Scholarly Works

No abstract provided.

“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus

Touro Law Review

No abstract provided.

Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald

Marquette Law Review

Faced with mounting pressure to permit national law practice and increase

access to legal services for those who cannot afford to pay for them and

critiques about growing inequality and its failure to lead the battles for greater

gender and racial justice, the legal profession’s response has been to resist

reform proposals by invoking its independence. Lawyers and lawyers alone,

asserts the profession, ought to determine the pace and details of nationalizing

law practice, set the conditions under which nonlawyers and artificial

intelligence can offer legal services, and respond to growing inequality among

lawyers and concerns about the role lawyers …

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.

A Resource Guide To Tax Law Careers, Robert H. Hu

Robert Hu

This Guide is designed to assist law students and attorneys in the pursuit of careers in tax law. It is also intended for librarians and career counselors to readily find tax law career information so that they can assist their clients effectively. It includes resources in both print (for example, books and articles) and electronic formats (for example, Web sites). Each item included has a brief annotation so that the user can quickly decide the relevancy and value of that item.

Foreword: Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney

Susan S. Fortney

In 1991 Professor Ted Schneyer wrote a seminal article calling for discipline of law firms. In that article, he used the term “ethical infrastructure” to refer to a law firm’s organization, policies, and operating procedures that cut across particular lawyers and tasks. In questioning how lawyer regulation focuses on the conduct of individual lawyers, he described the dynamics of practice and how various ethical breaches stem from organizational concerns that relate to lawyering in groups. Increasingly, legislators and regulators, as well as bar and firm leaders, have recognized the role of ethical infrastructure and culture in influencing lawyer conduct. Scholars, …

Face Fear—Don’T Fake It, Heidi K. Brown

Articles & Chapters

No abstract provided.

How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky

Scholarly Works

As a licensing exam, the purpose of the bar exam is consumer protection–-ensuring that new lawyers have the minimum competencies required to practice law effectively. As critics point out, however, the exam, and particularly the multiple-choice question portion of the exam, has significant flaws because it assesses legal knowledge and analysis in an artificial and unrealistic context, and the closed-book format rewards the ability to memorize thousands of legal rules, a skill unrelated to law practice.

This essay discusses how to improve the exam by changing its multiple-choice content and format. We use two law licensing exams to illustrate how …

Well-Timed Solutions For Legal Education And The Bar, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Ethics In The Legal Industry, Michael Ariens

Faculty Articles

A brief item in the Hearsay section of the June 2017 ABA Journal was headlined "2%." This number indicated an increase in the percentage of lawyers, from 2012 to 2016, "who worked remotely within the legal industry." Making one's "office" a location other than the physical space leased or owned by oneself or by an employer is hardly news, even as applied to the work of lawyers. Lawyers know as well as anyone that technology allows one to work almost anywhere and, unfortunately, almost any time. What is striking in this brief news item is the use by the flagship …

Ou Law Center For Technology And Innovation In Practice: Continuing The Commitment To Innovation, Melissa Caperton, Jonella Frank

Sooner Lawyer Archive

No abstract provided.

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …

Justice Brandeis And Civic Duty In A Pluralistic Society, Joel K. Goldstein

Touro Law Review

No abstract provided.

Teaching Legal Technology, Camille Broussard, Kathleen Brown, Daniel Cordova, Sarah Mauldin

Articles & Chapters

No abstract provided.

Demonstrating Value To A Corporation As In-House Counsel, Zachary Atherton-Ely

Mitchell Hamline Law Review

No abstract provided.

Encouraging The Development Of Low Bono Law Practices, Luz E. Herrera

Luz Herrera

For decades, the discussion about access to justice has primarily focused on the ability of low–income individuals to obtain free representation by lawyers. Lawyer representation is the “gold star” of the legal profession and advocates of legal services for the poor have fought difficult battles to ensure the most disadvantaged in our country have access to these professionals. As a result, legal aid programs and pro bono services that assist the most economically disadvantaged in our country are now common in our legal service delivery system.

Despite those important efforts, only 50% of those eligible for free legal services actually …

Last Lecture: Tips For Lawyers Who Want To Get Good Results For Clients And Make Money, John M. Lande

Faculty Publications

Lawyers often assume that they know what their clients want-to get as much money or pay as little money as possible. While clients usually are very concerned about their bottom line, they often have additional interests. In virtually any kind of case, parties may have an interest in being treated respectfully and fairly, minimizing the cost and length of the process, freeing time to focus on matters other than the dispute, reducing the emotional wear and tear caused by continued disputing, and protecting privacy and reputations. Plaintiffs may have interests such as obtaining favorable tax consequences, getting nonmonetary opportunities, and …

"No Country For Old Men": Junior Associates And The Real-World Practice Of Law, Ian Gallacher

College of Law - Faculty Scholarship

Law schools are designed to teach students about the doctrine of law and to help them prepare their skills to practice law. There are some practical aspects of law practice, though, that are rarely if ever discussed in law school. Perhaps this is because of an assumption that law firms will make these issues clear to the students they hire as associates, or perhaps it is because of a belief that such information has no place in the curriculum of an academic institution.

Whatever the reason, this is information law students should have as they begin to think about where …

The Rise And Fall Of Social Trustee Professionalism, Michael Ariens

Faculty Articles

Elite lawyers have long urged the private practice bar to account for the interests of more than their clients in their work. A lawyer who served merely as a "mouthpiece" or "hired gun" of clients failed to meet the standards of professionalism, of failing to act, in Roscoe Pound's words, "in the spirit of a public service." Pound's view, expressed in the mid-20th century, was premised on the ideal that the lawyer pursued a public calling that incidentally was remunerative. This ideal required the lawyer to serve as a social trustee, one encumbered by duties for the benefit of society. …

From The Editor, Susan Nevelow Mart

Publications

No abstract provided.

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Video: May It Please The Court: Techniques For Persuasive Witness Testimony, Mark Dobson, Jayme Cassidy, Maxine Streeter

NSU Law Seminar Series

Success at trial depends on preparation and practice. Knowing the law and the facts of the case is important. Knowing how to present persuasive witness testimony at trial and how to speak to the Court and jury in an ethical and professional manner is even more important. Learn techniques to prepare witnesses and yourself for successful handling of direct, cross-exam, and objections to achieve your goals at trial. Our panel will direct an interactive role-play session.

A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell

Ray W Campbell

The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.

These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At …