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Legal Ethics and Professional Responsibility Commons

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Legal Profession

1981

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Articles 1 - 13 of 13

Full-Text Articles in Legal Ethics and Professional Responsibility

Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss Jul 1981

Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss

Indiana Law Journal

No abstract provided.


Admission To The Bar: A Constitutional Analysis, Ben C. Adams, Edward H. Benton, David A. Beyer, Harrison L. Marshall, Jr., Carter R. Todd, Jane G. Allen Special Projects Editor Apr 1981

Admission To The Bar: A Constitutional Analysis, Ben C. Adams, Edward H. Benton, David A. Beyer, Harrison L. Marshall, Jr., Carter R. Todd, Jane G. Allen Special Projects Editor

Vanderbilt Law Review

This Special Project examines and analyzes selected constitutional challenges to requirements for permanent and temporary admission to the bar. In the area of permanent admission, the Special Project looks at constitutional challenges to three qualifications typically required of bar applicants by states: demonstration of good moral character, successful completion of a bar examination, and residency. In the area of admission "pro hac vice", the Project examines constitutional challenges to the basis on which judges have denied temporary admission to an applicant.


Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review Apr 1981

Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review

Michigan Law Review

Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.


Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham Mar 1981

Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham

BYU Law Review

No abstract provided.


Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins Mar 1981

Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins

BYU Law Review

No abstract provided.


Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro Jan 1981

Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro

Duquesne Law Review

Pennsylvania courts, led by the Supreme Court of Pennsylvania, recently have declared two sections of the Pennsylvania Ethics Act unconstitutional as applied to judges and attorneys. Citing the exclusive power of the supreme court to regulate the practice of law in Pennsylvania, the courts have struck down the Act's postemployment restriction and financial disclosure requirement. The author critically examines the Pennsylvania decisions in this area and concludes that the courts' reasoning is contrary to settled principles of separation of powers. He suggests an alternative approach for determining the constitutionality of ethics legislation that regulates the conduct of the judiciary and …


Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr. Jan 1981

Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr.

University of Richmond Law Review

In seeking the advice of legal counsel, the corporation may, out of necessity, communicate through its representatives confidential secrets about its conduct in business. As is the case with individuals, it is well settled that a corporation may avail itself of the evidentiary privilege which allows concealment of such confidential communications. This so-called attorney-client privilege is the oldest of the privileges for confidential communications known to the common law. However, its application in the corporate context has been quite unpredictable for the past twenty years.


Lawyer Competence And The Law Schools, Roger C. Cramton Jan 1981

Lawyer Competence And The Law Schools, Roger C. Cramton

University of Arkansas at Little Rock Law Review

No abstract provided.


Client-Lawyer Confidentiality, William D. Popkin Jan 1981

Client-Lawyer Confidentiality, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Legal Services For Poor People, Thomas Ehrlich Jan 1981

Legal Services For Poor People, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Save The Legal Services Corporation, Thomas Ehrlich Jan 1981

Save The Legal Services Corporation, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Singing Those Law Office Blues, Gary A. Munneke Jan 1981

Singing Those Law Office Blues, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

There were 2,750 young lawyers, 1.8 percent of all young attorneys in the ABA, who responded to the Career Satisfaction Survey. The preliminary survey involved in-depth interviews with 150 young lawyers. The final questionnaire was based upon these interviews. The responses were many and varied, and it was difficult to find many answers "In common. Some respondents found it necessary to elaborate on their answers by writing comments in the columns of the survey. A few of these answers are included because they were both humorous and enlightening.


Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer Jan 1981

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Journal Articles

One of the reasons we modern American lawyers find the "golden age" of our 19th century forebears attractive is that it was morally unambiguous. It seems to have been an age of giants who were consistent. The "republican" lawyers who wrote our first statements on legal ethics were moral theologians as well as leaders—and they found no difficulty in being both. David Hoffman, who attracted as much applause from the conservative Calvinists at Princeton Theological Seminary as he attracted from the bench and bar, drew no distinction between the morals he practiced at home and the morals he practiced in …