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Legal Ethics and Professional Responsibility Commons

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Articles 1 - 30 of 47

Full-Text Articles in Legal Ethics and Professional Responsibility

Public Values And Professional Responsibility, W. Bradley Wendel Oct 1999

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan Jun 1999

Upping The Ante: Curricular And Bar Exam Reform In Professional Responsibility, David A. Logan

Washington and Lee Law Review

No abstract provided.


Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr. Jun 1999

Personal And Professional Integrity In The Legal Profession: Lessons From President Clinton And Kenneth Starr, Charles J. Ogletree, Jr.

Washington and Lee Law Review

No abstract provided.


Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson May 1999

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …


Informal Remarks On Professionalism, Burnele V. Powell Jan 1999

Informal Remarks On Professionalism, Burnele V. Powell

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Some Thoughts On The Differences In Criminal Trials In The Civil And Common Law Legal Systems, Mary C. Daly Jan 1999

Some Thoughts On The Differences In Criminal Trials In The Civil And Common Law Legal Systems, Mary C. Daly

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Adversary Process Is Not An End In Itself, Lloyd L. Weinreb Jan 1999

The Adversary Process Is Not An End In Itself, Lloyd L. Weinreb

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford Jan 1999

Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Can A Good Lawyer Be A Bad Person, Stephen Gillers Jan 1999

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Access To What, Stephen L. Pepper Jan 1999

Access To What, Stephen L. Pepper

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson Jan 1999

Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Conflicts In The Corporate Family: Professor Wolfram Has It Almost Right, Lawrence J. Fox Jan 1999

Conflicts In The Corporate Family: Professor Wolfram Has It Almost Right, Lawrence J. Fox

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Rationing Justice - What Thomas More Would Say, Michael E. Tigar Jan 1999

Rationing Justice - What Thomas More Would Say, Michael E. Tigar

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Comments On After Legal Aid Is Abolished, Frank Rosiny Jan 1999

Comments On After Legal Aid Is Abolished, Frank Rosiny

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Corporate-Family Conflicts, Charles W. Wolfram Jan 1999

Corporate-Family Conflicts, Charles W. Wolfram

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Jonathan A. Weiss Jan 1999

Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Jonathan A. Weiss

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


After Legal Aid Is Abolished, Geoffrey C. Hazard Jr. Jan 1999

After Legal Aid Is Abolished, Geoffrey C. Hazard Jr.

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen: Jan 1999

Cautionary Tale From The Multidisciplinary Practice Debate: How The Traditionalists Lost Professionalism, A The Phyllis W. Beck Chair In Law Symposium: New Roles, No Rules - Redefining Lawyers' Work - Redefining Lawyers' Work: Multidisciplinary Practice, Russell G. Pearce, Amelia J. Uelmen:

Faculty Scholarship

The author presents a fictional conversation among Lawrence J. Fox, other noted legal scholars, and himself concerning the ethics and changes in the legal profession.


The Legal And The Ethical In Legal Ethics: A Brief Rejoinder To Comments On The Practice Of Justice, William H. Simon Jan 1999

The Legal And The Ethical In Legal Ethics: A Brief Rejoinder To Comments On The Practice Of Justice, William H. Simon

Faculty Scholarship

We have here, not the clash of opposites, but a series of family quarrels within what you might call the Party of Aspiration in legal ethics. My seven allies and I all favor lawyers' ethic of more complex judgment, and more responsibility to nonclients than the currently dominant one. The differences among us are not large from the broadest perspective, but they involve issues that are quite important to the elaboration of the sort of alternative ethic we would like to see.

I am enormously grateful for the care and attention the commentators have taken. They have frequently stated my …


Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges Jan 1999

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.


The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal Jan 1999

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.


Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport Jan 1999

Living "Top-Down" In A "Bottom-Up" World: Musings On The Relationship Between Jewish Ethics And Legal Ethics, Nancy B. Rapoport

Scholarly Works

This article discusses the differences between how Jewish ethics are disseminated and how legal ethics are created, and it walks the reader through some classic examples of the conflicts between the two.


1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin Jan 1999

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

Scholarly Works

No abstract provided.


Renewed Introspection And The Legal Profession, Eugene R. Gaetke Jan 1999

Renewed Introspection And The Legal Profession, Eugene R. Gaetke

Law Faculty Scholarly Articles

As the twentieth century draws to a close, the legal profession again immersed in a process of self-assessment, reflection, and reform. Operating on several fronts, various constituent elements of the bar have recently completed or have underway significant projects relating to the law of lawyering.

Two efforts stand out in particular. For more than a decade, the American Law Institute has labored in the production of a new Restatement of the Law Governing Lawyers, and the organization stands now on the brink of that monumental work's publication. Equally significant, the American Bar Association has again undertaken a comprehensive review of …


What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis Jan 1999

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Jan 1999

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Journal Articles

The first thing Niebuhr and Guttman are telling us to do is to look around and figure out what is going on around us. With that in mind, it has seemed to me that, at the simplest, a lawyer (or a journalist) functions in at least four communities, any one of which might be a community to talk about lawyers' moral questions in.

My inquiry, then, is an inquiry in communitarian legal ethics, using a Guttman-Niebuhr focus on responsibility. I infer a further question about communities of moral discernment—that is, not only where a modern lawyer is responsible but also …


Virtuous Lying: A Critique Of Quasi-Categorical Moralism, William H. Simon Jan 1999

Virtuous Lying: A Critique Of Quasi-Categorical Moralism, William H. Simon

Faculty Scholarship

Popular and professional moralists have a tendency to over-condemn lying. This Article is a critique of that tendency and the more general outlook it exemplifies, which I call Quasi-Categorical Moralism. I begin with an illustration from my own experience of morally appropriate lying that is condemned by the legal profession's ethics norms. I proceed to a critical examination of the arguments against lying in what is perhaps the best known contemporary work on professional ethics – Sissela Bok's Lying. I then explore the more sympathetic treatment of lying in a broad range of literary and philosophical works typically ignored …


Comments On Professionalism, John M. Walker Jr. Jan 1999

Comments On Professionalism, John M. Walker Jr.

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Limiting Secret Settlements By Law, David Luban Jan 1999

Limiting Secret Settlements By Law, David Luban

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Innovative Legal Billing, Alternatives To Billable Hours And Ethical Hurdles, Ronald D. Rotunda Jan 1999

Innovative Legal Billing, Alternatives To Billable Hours And Ethical Hurdles, Ronald D. Rotunda

Journal of the Institute for the Study of Legal Ethics

No abstract provided.