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Legal Ethics and Professional Responsibility

2017

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Full-Text Articles in Legal Education

Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose Dec 2017

Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose

Duke Law & Technology Review

This paper analyzes the applications of artificial intelligence to the legal industry, specifically in the fields of legal research and contract drafting. First, it will look at the implications of artificial intelligence (A.I.) for the current practice of law. Second, it will delve into the future implications of A.I. on law firms and the possible regulatory challenges that come with A.I. The proliferation of A.I. in the legal sphere will give laymen (clients) access to the information and services traditionally provided exclusively by attorneys. With an increase in access to these services will come a change in the role that …


Ethics, Law Firms, And Legal Education, Milton C. Regan Jr. Dec 2017

Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.

Maine Law Review

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …


Is It Time For Real Reform: Nysba's 20 Years Of Examining The Bar Exam, Mary A. Lynch, Kim Diana Connolly Nov 2017

Is It Time For Real Reform: Nysba's 20 Years Of Examining The Bar Exam, Mary A. Lynch, Kim Diana Connolly

Kim Diana Connolly

No abstract provided.


The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law Oct 2017

The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate Oct 2017

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.


College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler Oct 2017

College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler

Dickinson Law Review (2017-Present)

No abstract provided.


Money Didn’T Buy Happiness, Lawrence J. Fox Oct 2017

Money Didn’T Buy Happiness, Lawrence J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.


Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim Oct 2017

Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim

Dickinson Law Review (2017-Present)

No abstract provided.


Volume 1, Issue 1 (2017) Inaugural Issue Aug 2017

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.


Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew Aug 2017

Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew

Kendall L. Kerew

No abstract provided.


The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe Jul 2017

The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe

David Jaffe

This Report, the result of the contributions of a number of individuals from national committees, presents recommendations for the health and well-being of law students, lawyers and judges in the United States. David Jaffe was lead author for the section on law schools. More information is available here: https://www.americanbar.org/groups/lawyer_assistance/task_force_report.html


Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy Jun 2017

Lawyer ≠ Luddite, Jason Tubinis, Khelani Clay, Jim Henneberger, Zanada Joyner, Shannon Roddy

Presentations

Being a competent attorney means being a competent technologist. ABA Model Rule 1.1 (Competence) requires all lawyers to stay abreast of technology even if they still use a Dictaphone and typewriter and think “the cloud” refers to the fluffy white stuff in the sky. It can be malpractice to misuse or misunderstand technology, and this misuse can take many forms. Lack of familiarity with technology can lead to improper production of confidential information, delays in litigation, wasting time and client funds, ending up on Above the Law (and not in a good way), and more.

Legal technology courses are becoming …


Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk May 2017

Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk

Catherine Fisk

No abstract provided.


Educational Programs For Professional Identity Formation: The Role Of Social Science Research, Muriel J. Bebeau, Stephen J. Thoma, Clark D. Cunningham May 2017

Educational Programs For Professional Identity Formation: The Role Of Social Science Research, Muriel J. Bebeau, Stephen J. Thoma, Clark D. Cunningham

Mercer Law Review

This Article on the use of social science research to design, implement, and assess educational programs for the development of professional identity has its origins in the opening presentation made at the 17th Annual Georgia Symposium on Professionalism and Legal Ethics, held on October 7, 2016 at Mercer Law School on the topic "Educational Interventions to Cultivate Professional Identity in Law Students." The Mercer Symposium invited speakers from a variety of disciplines to address a series of questions regarding the feasibility and worth of establishing an educational intervention and assessment program to facilitate professional identity formation.

This Article begins with …


Educational Interventions To Cultivate Professional Identity In Law Students: Introduction, Patrick Emery Longan May 2017

Educational Interventions To Cultivate Professional Identity In Law Students: Introduction, Patrick Emery Longan

Mercer Law Review

On October 7, 2016, the Mercer Law Review co-sponsored the 17th Annual Georgia Symposium on Professionalism and Ethics. The Georgia symposia on professionalism and ethics have all been made possible by the Honorable Hugh Lawson, Senior United States District Judge for the Middle District of Georgia. In 1999, Judge Lawson oversaw the settlement of a matter that involved allegations of litigation misconduct, and as part of the settlement four of Georgia's law schools each received an endowment to fund annual symposia dedicated to ethics and professionalism. The symposium series began in 2001 and rotates among Mercer University, Georgia State University, …


17th Annual Georgia Symposium On Ethics And Professionalism: October 6, 2016, Benjamin Grimes May 2017

17th Annual Georgia Symposium On Ethics And Professionalism: October 6, 2016, Benjamin Grimes

Mercer Law Review

Professional identity is a mercurial thing. It is a combination of skills, values, and ways of thinking that identifies us to others and forms the basis of our understanding of ourselves. But why should we endeavor to affirmatively instill a certain identity-or to provide the seeds of professional identity-in our students and young attorneys? To what end is identity useful, what elements are important, and how do we do it?

Unlike the many participants in this Symposium and contributors to this issue of the Mercer Law Review, I am neither an academic nor a remarkable practitioner. I have taught …


From Teaching Professionalism To Supporting Professional Identity Formation: Lessons From Medicine, Sylvia R. Cruess, Richard L. Cruess May 2017

From Teaching Professionalism To Supporting Professional Identity Formation: Lessons From Medicine, Sylvia R. Cruess, Richard L. Cruess

Mercer Law Review

Profession, professional, and professionalism are generic terms that apply to a limited number of knowledge-based occupations charged with providing essential services to society. While the terms have existed for over 2000 years, until the middle of the nineteenth century the professions served only the upper socioeconomic strata and thus had a limited impact on society. The reasons were not complex. Wealth was limited and only a few could afford the services of the professional until the industrial revolution provided sufficient resources to support their use. The growth in both size and influence of the medical and legal professions occurred at …


Off-The-Shelf Formative Assessments To Help Each Student Develop Toward A Professional Formation/Ethical Professional Identity Learning Outcome Of An Internalized Commitment To The Student's Own Professional Development, Neil Hamilton May 2017

Off-The-Shelf Formative Assessments To Help Each Student Develop Toward A Professional Formation/Ethical Professional Identity Learning Outcome Of An Internalized Commitment To The Student's Own Professional Development, Neil Hamilton

Mercer Law Review

With the shift in American Bar Association (ABA) accreditation standards to emphasize learning outcomes, all law schools will be slowly moving away from structure-and-process based legal education (exposure to specific content for specified periods of time, such as a four credit one semester contracts course) to competency-based legal education (focus on the ultimate competencies needed for excellent service to the clients and the legal system, such as competence in career-long professional development). A large number of law schools are adopting what the next section of this Article defines as competency-based professional-formation or ethical- professional-identity learning outcomes. The specific focus of …


The Art Of Self And Becoming A Professional, Jack L. Sammons May 2017

The Art Of Self And Becoming A Professional, Jack L. Sammons

Mercer Law Review

This talk about the self originated in comments made by Joshua Bishop. Josh was executed by the People of the State of Georgia on March 31, 2016. Now I have long puzzled over questions of the self, especially in the context as here of students and practitioners who are in the process of becoming professionals; so the issues were not new to me although I had never gotten very far with them. But Josh's comments, when I first heard them, seemed to me to be a uniquely reliable resource for returning to these issues again. He spent most of his …


Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew May 2017

Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew

Mercer Law Review

Legal education is a powerfully transformative experience.' Law students enter law school as non-lawyers guided by the personal attitudes, values, and beliefs that drew them to the law and, within a few short years, leave law school with a new professional identity and purposethat of lawyer. While in law school, students learn about the law, acquire distinctive lawyering skills and habits, and develop an understanding of the many ethical obligations that guide a professional's actions. They develop new ways of thinking, talking, writing, and interacting with others. And throughout this process students take on new values, attitudes, and beliefs. In …


Developing Virtue And Practical Wisdom In The Legal Profession And Beyond, Mark L. Jones May 2017

Developing Virtue And Practical Wisdom In The Legal Profession And Beyond, Mark L. Jones

Mercer Law Review

It is a central axiom of this Article that the good lawyer is a virtuous lawyer and that the possession and exercise of virtue is central to the lawyer's professional character and professional identity. The Article is therefore resonant with the school of "virtue jurisprudence" according to which the behavior of legal actors such as judges and lawyers and the ends of law pursued by legislators should be concerned with the development and exercise of virtues such as courage, honesty, integrity, wisdom, temperance, and, of course, justice as central to a life of human flourishing. It is also resonant with …


The Case For The Four Component Model Vs. Moral Foundations Theory: A Perspective From Moral Psychology, Elizabeth C. Vozzola May 2017

The Case For The Four Component Model Vs. Moral Foundations Theory: A Perspective From Moral Psychology, Elizabeth C. Vozzola

Mercer Law Review

The 2016 Mercer Law Review Symposium asked speakers to address some aspect of three organizing questions about educational interventions designed to cultivate professional identity in law students. The Symposium's first proposed question of whether it is worthwhile to establish such interventions seemed largely rhetorical. The third question asked about appropriate assessment of such interventions and will be addressed in this issue by leaders in the field of legal ethics and professional program assessment. Hence, as a teacher and psychologist whose primary role in the field has been to synthesize theory and research, I chose to question the second guiding question …


Professional Identity Formation Throughout The Curriculum: Lessons From Clergy Education, Larry A. Golemon May 2017

Professional Identity Formation Throughout The Curriculum: Lessons From Clergy Education, Larry A. Golemon

Mercer Law Review

Clergy education is undergoing radical transformation in the United States due to changes in the profession, the religious communities served, and the larger landscape of higher education. Many reformers of theological education question whether the education of pastors, priests, and rabbis should be considered "professional" education at all. Some call for less competence training and more formation of theological habits of interpretation and reflection; others advocate for more practical and contextual training of skills and role-formation; and others emphasize the formation of personal character and religious piety. Yet most of these reformers agree that the formation of pastoral and professional …


Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew Apr 2017

Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew

Faculty Publications By Year

No abstract provided.


Liba2j! The Continuum Of Access To Justice Services, Yolanda Jones Jan 2017

Liba2j! The Continuum Of Access To Justice Services, Yolanda Jones

Library Faculty Publications

Some have urged law libraries to undergo what appears to be a large-scale transformation, where access to justice in incorporated as a core feature of the library mission. While Access to Justice (A2J) services are provided by many libraries, they can be seen by law library managers as costly, unfunded mandate. One way of approaching the issue is to consider library access to justice services as a continuum within the broader range of legal services. Within this Library Access to Justice Continuum (LIBA2J), librarians can select access to justice services consistent with their mission, budget, and general library resources. For …


Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello Jan 2017

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello

UIC Law Review

Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …


Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell Jan 2017

Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell

UIC Law Review

So I ask the rhetorical question: “Who’s Gonna Take the Weight?” to mobilize law professors—the people responsible for shaping students’ professional identities—to use storytelling techniques to overcome the corrosive effects of stereotypes and implicit biases on controversial clients’ access to legal services and on the lawyer’s professional identity as a social engineer. This article precedes in two parts. Part II explores traditional client selection models and endorses a Houstonian approach to client selection, one that acknowledges the challenges of representing controversial clients within a framework that also acknowledges the social justice consequences of denying representation to controversial clients. Part III …


Beyond The ‘Resiliency’ And ‘Grit’ Narrative In Legal Education: Race, Class, And Gender Considerations, 50 J. Marshall L. Rev. 271 (2017), Christian Sundquist Jan 2017

Beyond The ‘Resiliency’ And ‘Grit’ Narrative In Legal Education: Race, Class, And Gender Considerations, 50 J. Marshall L. Rev. 271 (2017), Christian Sundquist

UIC Law Review

The narrative on modifying legal education to produce entrepreneurial students with resiliency and “grit,” however, often has a troubling class and race-regarding dimension. This Essay argues that the “grit” reform initiative has the potential to rationalize future disparities, by shifting the focus from responding to the continuing impact of poverty and identity bias on student outcomes to bolstering individual character traits and resiliency. Our country has a long and troubling history of adopting such post-oppression “distancing moves” in order to discount the effect that systemic bias has on inequality, including disparate legal outcomes, by focusing solely on personal responsibility and …


Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn Jan 2017

Moonlighting Sonata: Conflicts, Disclosure And The Scholar/Consultant, Jeffrey L. Harrison, Amy R. Mashburn

UF Law Faculty Publications

Although the impact of conflicting interests is of constant concern to those in legal education and other fields, a recent scholarly article and an extensive analysis in the New York Times suggest the problem is more pressing than ever. In the context of legal scholarship the problem arises when a professor is, in effect, employed by two entities. Disclosure of possible conflicts is the most commonly proposed response. The article argues that disclosure is merely a risk shifting devise that does not fully address the issue of bias. It draws on comparisons with products liability and legal ethics to suggest …


Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl Jan 2017

Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl

All Faculty Scholarship

Intellectual property (IP) and technology legal clinics are experiencing an unprecedented surge in popularity. Before 2000 there were only five such clinics, but by 2016 there were seventy-four, with fifty added since 2010 alone. As law schools are approving new IP clinics and as practitioners are developing syllabi, there is an increasing need to share knowledge about models that work and how to avoid pitfalls.

One potentially fertile – but traditionally underutilized -- source of client work for an IP and technology clinic is the university technology transfer office (“TTO”), the department that protects, markets, and licenses all university intellectual …