Legal Ethics and Professional Responsibility Commons^™

Antiracism, Reflection, And Professional Identity, Andrew King-Ries, Monte Mills, Eduardo R.C. Capulong

Faculty Law Review Articles

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land & Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land & Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.

Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell

Faculty Law Review Articles

The author addresses how modern developments in technology and the law bring with them the need for reassessment of the vision of the lawyer as a public citizen in this introduction to the University of Memphis Law Review issue on the symposium, 21st Century Law, Technology and Ethics: The Lawyer's Role as a Public Citizen.

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Law Review Articles

This article discusses the importance of attorneys fulfilling the role of "public citizen" by helping to provide legal services to those unable to pay and how Model Rule 61. on pro bono service articulates this role.

The Evolution Of Mjp, Irma S. Russell

Faculty Journal Articles & Other Writings

This article examines the ABA revision to Model Rules 5.5 and 8.5 in light of today's legal world where representing clients in states outside the lawyer's state of licensure is commonplace, particularly in areas of practice that involve federal law, such as environmental law, and clients with far-flung property or business transactions in numerous jurisdictions. The article notes that although the revision to these rules represents the first step in a necessary liberalization of ethical rules and statutes to permit competent lawyers to service client needs efficiently and encourages more uniformity of approach, the rules and UPL statutes still create …

Keeping The Wheels On The Wagon: Observations On Issues Of Legal Ethics For Lawyers Representing Business Organizations, Irma S. Russell

Faculty Law Review Articles

This article explores the obligations of the lawyer to the corporate client and to society. It examines both established principles and recent developments relevant to the lawyer's role.

Part II discusses some of the rules of legal ethics that provide both guidance and restraints on corporate counsel. It focuses on the lawyer's duty to provide the client with independent professional judgment and to keep the client informed about the representation. It also explores the lawyer's duty to maintain the confidentiality of client information and duties specific to representing an organizational client.

Part III explains recent developments that may affect the …

Client Confidences And Public Confidence In The Legal Profession: Observations On The Aba House Of Delegates Deliberations On The Duty Of Confidentiality, Irma S. Russell

Faculty Journal Articles & Other Writings

This article sets forth points to encourage the ABA House of Delegates to reconsider proposed revisions to Model Rule 1.6 (b)(2) and (b)(3) and to reject any proposals to revert back to the former rule. Specifically, the article urges the delegates to: 1) be aware of absolutes and consider proportionality; 2) recognize lawyers as trustworthy decision makers; and 3) acknowledge the profession's responsibility to the public. The article suggests that the possibility of reverting to the former rule is radically out of step with the tradition of confidentiality in the American legal profession and with the rules of professional conduct …

The Ethics 2000 Process: Revisions To The Aba Model Rules Approved By The Aba House Of Delegates, Irma S. Russell

Faculty Journal Articles & Other Writings

This article provides examples of the Ethics 2000 Commission's work and examines a few changes likely to affect lawyers practicing in the environmental arena.

Just Between Us -- Aba Considers New Ethical Rules, Irma S. Russell

Faculty Journal Articles & Other Writings

This article briefly describes one of the proposed rule revisions (Model Rule 1.6) to the Model Rules of Professional Conduct that will be presented to the ABA House of Delegates in July 2001 by the Ethics 2000 Commission.

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Faculty Law Review Articles

This article explores the disjuncture of positive law and the duty of confidentiality as formulated by Model Rule 1.6. Its central purpose is to question the decision to exclude positive law from the framework of analysis created by the Rule.

Part II summarizes the duty of confidentiality owed to clients by attorneys. Part III examines Model Rule 1.6. Part IV surveys environmental statutes, noting the strong public policy in favor of protection against environmental hazards. Part V explores common law liability, noting the effect of recent developments in the law, such as the abrogation of the bar of privity and …

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Faculty Law Review Articles

This article assesses the operation of Model Rule 1.6 in light of environmental catastrophes and concludes that the realities of environmental dangers demand reassessment of the ABA rule on confidentiality.

Part II recounts the history and purpose of the duty of confidentiality. Part III examines the text, commentary, and legislative history of Model Rule 1.6. Part IV discusses modifications to Rule 1.6 by states that have adopted the Model Rules. Part V examines two predominant views of the attorney (as champion and as officer of the court) as they relate to the issue of confidentiality. Part VI assesses Rule 1.6 …

Law School Honor Codes, Fritz Snyder, Shirley Goza

Faculty Journal Articles & Other Writings

This article reviews the kind of ethics codes or honor codes law schools have post adoption of a new ethics code by the American Bar Association (the Model Rules of Professional Conduct) in 1983.