Law Commons^™

"The" Rule: Modernizing The Potent, But Overlooked, Rule Of Witness Sequestration, Daniel J. Capra, Liesa L. Richter

William & Mary Law Review

Starting with its illustration in the Apocrypha and continuing into the modern day both in courtrooms and in ubiquitous criminal procedurals, one evidence rule has proven so powerful that it has become known as “THE” Rule of Evidence. The rule of witness sequestration demands that multiple witnesses to the same events be examined separately from one another to prevent them from, consciously or subconsciously, tailoring their testimony to ensure that it remains consistent. Witness sequestration is conceptually simplistic and famously mighty. Yet, this bedrock protection against inaccurate trial testimony is imperiled by conflicting interpretations of Federal Rule of Evidence 615, …

Tax Lawyers As Tax Insurance, Heather M. Field

William & Mary Law Review

Transactional tax lawyers, by rendering tax opinions, provide a version of insurance to clients. This insurance is clearly incomplete, but by providing a tax opinion, a lawyer conditionally agrees to indemnify the client for at least part of the potential loss the client incurs if the favorable tax treatment described in the opinion is successfully challenged. Although insurance is not the primary function of transactional tax lawyers, and although this Article does not argue that tax opinions should be regulated as insurance, indemnification—a key element of insurance—is an important part of the economic relationship between a client and a lawyer …

The Amicus Machine, Allison Orr Larsen, Neal Devins

Faculty Publications

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message. …

Creating Hammer V. Dagenhart, Logan E. Sawyer Iii

William & Mary Bill of Rights Journal

No abstract provided.

Assessing Substance Abuse And Mental Health Among Lawyers, Susan Grover, Mark R. Voss

Popular Media

No abstract provided.

A Golden Age Of Civic Involvement: The Client Centered Disadvantage For Lawyers Acting As Public Officials, James E. Moliterno

William & Mary Law Review

No abstract provided.

Lawyers As Citizens, Deborah L. Rhode

William & Mary Law Review

No abstract provided.

The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon

William & Mary Law Review

No abstract provided.

"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce

William & Mary Law Review

No abstract provided.

Citizen As Lawyer, Lawyer As Citizen, Mark Tushnet

William & Mary Law Review

No abstract provided.

Some Thoughts About Citizen Lawyers, Lawrence M. Friedman

William & Mary Law Review

No abstract provided.

The Citizen Lawyer, W. Taylor Reveley Iii

William & Mary Law Review

No abstract provided.

The Lawyer As Catalyst Of Social Change, James E. Moliterno

Faculty Publications

No abstract provided.

The Preemployment Ethical Role Of Lawyers: Are Lawyers Really Fiduciaries?, Fred C. Zacharias

William & Mary Law Review

This Article considers the nature and extent of lawyers' obligations to prospective clients. Most jurisdictions have rules forbidding certain kinds of representation, requiring that particular information be given clients in writing, and regulating fees. Professional code drafters, courts, and commentators, however, have never addressed the broader issue of the lawyer's role at the retainer stage of representation, including whether lawyers have responsibility for providing prospective clients with candid advice regarding the course they should pursue.

The issue is important to clients. A lawyer's action may determine whether a client obtains any representation, competent representation, or a lawyer well suited to …

Politically Motivated Bar Discipline, James E. Moliterno

Faculty Publications

Bar discipline and admission denial have a century~long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.

The Purpose Of Lawyer Discipline, Fred C. Zacharias

William & Mary Law Review

No abstract provided.

Remembering Andrew I. Batavia, Michael Ashley Stein

Faculty Publications

No abstract provided.

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.

Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

A Critique Of Burrow V. Arce, Charles Silver

William & Mary Environmental Law and Policy Review

No abstract provided.

The Legal Profession And Its Future: Recapturing The Ideal Of The Statesman-Lawyer, Timothy J. Sullivan

Faculty Publications

No abstract provided.

Lawyer Creeds And Moral Seismography, James E. Moliterno

Faculty Publications

No abstract provided.

Should Lawyers Obey The Law?, William H. Simon

William & Mary Law Review

No abstract provided.

Commemoration: William H. Cabell, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.

Attitudinal Barriers To Hiring Attorneys With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Private Practice For Public Consumption: Two Views Of Corporate Law, Jayne W. Barnard

Faculty Publications

No abstract provided.

Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno

Faculty Publications

No abstract provided.

Current Issues In Professional Responsibility, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.

The Judge's Role In The Enforcement Of Ethics - Fear And Learning In The Profession, John M. Levy

Faculty Publications

No abstract provided.

Book Review Of Legal Papers Of John Adams, William F. Swindler

William & Mary Law Review

No abstract provided.