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Legal Ethics and Professional Responsibility Commons™
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Articles 1 - 30 of 81
Full-Text Articles in Legal Ethics and Professional Responsibility
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
During the survey period, from June 1, 2010 through May 31, 2011, the appellate courts in Georgia decided cases involving the discipline of lawyers, ineffective assistance of counsel, legal malpractice, judicial ethics, and attorney disqualification. The State Bar of Georgia Formal Advisory Opinion Board took several actions that relate to the professional responsibilities of Georgia lawyers.
No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant
No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant
University of Arkansas at Little Rock Law Review
No abstract provided.
Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic
Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic
West Virginia Law Review
No abstract provided.
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock
Nevada Law Journal
No abstract provided.
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores
Unfounded Allegations That John Yoo Violated His Ethical Obligations As A Lawyer: A Critical Analysis Of The Torture Memo, Carrie L. Flores
Brigham Young University Journal of Public Law
No abstract provided.
Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon
Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon
Seattle University Law Review
This Article will begin with a discussion of race bias and will examine who in the criminal justice system has such biases. These concepts will provide a backdrop to the next Part, where I will turn to an analysis about the need for criminal defense lawyers to be conscious of race bias. I focus on two specific circumstances in which awareness of one’s own racial bias is imperative: interacting with clients and voir dire. But first, we must come to an understanding about the nature of race bias itself.
Ethical, Legal, And Social Issues In Genetic Testing For Complex Genetic Diseases, Lori Andrews, Erin Shaugnessy Zuiker
Ethical, Legal, And Social Issues In Genetic Testing For Complex Genetic Diseases, Lori Andrews, Erin Shaugnessy Zuiker
Valparaiso University Law Review
No abstract provided.
The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera
The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera
Pace Law Review
No abstract provided.
"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert
"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert
Pace Law Review
No abstract provided.
Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk
Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk
UC Irvine Law Review
No abstract provided.
Attorney Advice And The First Amendment, Renee Newman Knake
Attorney Advice And The First Amendment, Renee Newman Knake
Washington and Lee Law Review
An attorney’s advice for navigating and, when necessary, challenging the law is essential to American democracy. Yet the constitutional protection afforded to this category of speech is not clear; indeed, some question whether it should be protected at all. While legal ethics scholars have addressed attorney speech in other circumstances, none has focused exclusively on the First Amendment protection for attorney advice, particularly in light of the Supreme Court’s recent attention to the matter. Nor have constitutional law scholars given this issue the attention it deserves, though they acknowledge that it presents an important and unresolved question within First Amendment …
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein
San Diego Law Review
This Article develops a question that intrigued Fred: prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and why prosecutors resist allowing DNA testing and, more startlingly, deny the obvious implications of DNA evidence when that evidence exonerates the convicted.
Part II of this Article briefly summarizes two of Fred’s major articles on the subject of prosecutorial ethics. Part III documents the problem of postconviction DNA exonerations and prosecutors’ varied reactions. …
Tribute To Professor Fred Zacharias, Michael J. Perry
Tribute To Professor Fred Zacharias, Michael J. Perry
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce
Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce
San Diego Law Review
This Article offers an alternative dialogue approach. Rather than view the issue of explaining confidentiality either as a strategy for gaining client trust or an obligation necessary to comply with certain legal obligations, we propose understanding it as a key element in creating a relationship of dialogue grounded in honesty and mutual respect.
In doing so, we build on the work of the late Fred Zacharias, whose scholarship in this area provides both pathbreaking empirical insights and unwavering commitment to respecting client dignity. Among Zacharias’s contributions are his oft-cited empirical study suggesting that lawyers wrongly assume that clients would not …
Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin
Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
Zacharias's Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow
San Diego Law Review
This Article will carry on Professor Zacharias’s profound insights and prophecies by examining the trends in direct regulation of attorneys through federal law, with a particular focus on expanding agency regulation. We will also touch on international trends that draw on federal treaty obligations to implement international norms of attorney conduct.
Fred Z., David Mcgowan
Fred Z., David Mcgowan
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine
San Diego Law Review
This essay delineates a three-tiered approach that incorporates not only the lawyer’s duty to the client and to society, but also the lawyer’s obligation to take into consideration the duty to self, which includes fidelity to the lawyer’s personal ethical values and commitments. In addition, rather than placing the various interests in hierarchical opposition, requiring that one duty invariably prevail over the others, the three-tiered approach looks to consider ways in which competing interests might balance or, at times, be reconciled with one another. To illustrate the three-tiered approach to the lawyer’s ethical obligations, this essay focuses on the lawyer’s …
A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan
A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Fred C. Zacharias - Reminiscences, Larry Zacharias
Fred C. Zacharias - Reminiscences, Larry Zacharias
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Remembering Fred, Guido Calabresi
Remembering Fred, Guido Calabresi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Tribute To Professor Fred C. Zacharias, Michael R. Devitt
A Tribute To Professor Fred C. Zacharias, Michael R. Devitt
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Remembering Fred Z, Gary J. Simson
Remembering Fred Z, Gary J. Simson
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Tribute To Professor Fred Zacharias, Faust F. Rossi
Tribute To Professor Fred Zacharias, Faust F. Rossi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry
Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Prosecutorial Ethics In The Postconviction Setting From A To Zacharias, Daniel S. Medwed
Prosecutorial Ethics In The Postconviction Setting From A To Zacharias, Daniel S. Medwed
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
In Memoriam, Steven D. Smith
In Memoriam, Steven D. Smith
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
San Diego Law Review
In this Article, I will consider two aspects of the controversy that help explain why it is static. I will consider the significance of empirical evidence that lawyers and clients find the rules morally troubling. Zacharias plausibly assumes that such evidence carries compelling weight. I will also look at the nature of morality itself and the extent to which professional rules should be expected to conform to morality.
The Complexities Of Lawyer Ethics Code Drafting: The Contributions Of Professor Fred Zacharias, Nancy J. Moore
The Complexities Of Lawyer Ethics Code Drafting: The Contributions Of Professor Fred Zacharias, Nancy J. Moore
San Diego Law Review
In this Article, I address three aspects of the special and evolving nature of lawyer ethics codes in order to acknowledge the important contributions of Professor Zacharias. As I hope to show, Professor Zacharias’s publications present a far more complex and nuanced view of the task of drafting lawyer ethics codes than either the Commission or I had contemplated. Although there was not much time then to further address these more theoretical concerns, I am confident that we would have benefitted enormously from a deeper exploration of his scholarship in this area.