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Full-Text Articles in Legal Ethics and Professional Responsibility
Cooperation-What Is It And Why Do It?, David J. Waxse
Cooperation-What Is It And Why Do It?, David J. Waxse
Richmond Journal of Law & Technology
Litigation is a method of resolving disputes that is too costly and time consuming for most parties involved. As a Federal Magistrate Judge involved in case management on a day-to-day basis, I often see evidence of this. I also participated in the 2010 Conference on Civil Litigation held at Duke Law School and sponsored by the Federal Judicial Conference Standing Committee on Rules of Practice and Procedure. The conference explored “the current costs of civil litigation in Federal Court, particularly discovery, and discuss[ed] possible solutions.” As part of the conference, the Federal Judicial Center presented4its research findings on its study …
Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill
Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill
University of Richmond Law Review
Today, virtually all the large law firms, as well as most of the small firms, have Web sites. These sites established by law firms vary considerably, with many containing a great deal of material that is informational in nature. When considering whether state ethics rules are applicable to lawyer communications on the Internet, an initial question is whether the communication is commercial speech. Regulations on advertising and solicitation that impose restrictions on commercial speech are limited to speech of that kind. This notwithstanding, states have uniformly held that these communications are subject to regulation under their respective rules governing lawyer …
Legal Advice Toward Illegal Ends, Joel S. Newman
Legal Advice Toward Illegal Ends, Joel S. Newman
University of Richmond Law Review
Suppose you discovered a wonderful fishing hole hidden on some public lands. Would you be obligated to tell others about it? Of course not. But, could you go out of your way to hide its existence? Of course not-especially not from your friends.
Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan
Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan
University of Richmond Law Review
A Chinese wall is essentially a screening mechanism set up within an institution to act as an "impermeable barrier to intrafirm exchange of confidential information." To prevent inadvertent "leakage" of confidential information, a number of precautions may be taken, including the establishment of organizational and physical structures designed to separate those who possess information from those who should not have it." Although of relatively new use in the legal profession, this type of "wall" is not new. Banks and securities firms, in an effort to protect their clients' financial confidences, routinely erect Chinese walls.
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
University of Richmond Law Review
Mediation is becoming a vital part of family legal problem solving and is creating new challenges for the lawyer practicing in the family law setting. The American Bar Association, the Association of Family and Conciliation Courts and others recently have proposed standards of behavior for mediators where none have existed before. States also have attempted to define the appropriate realm of ethical practice for family mediation.