Legal Ethics and Professional Responsibility Commons^™

Remembering Professor Rhonda Gay Hartman, Ken Gormley

Duquesne Law Review

Professor Rhonda Gay Hartman, who passed away unexpectedly in April of 2021 as this issue of the Duquesne Law Review was being finalized, was an elegant, forward-thinking, brilliant scholar and teacher. She left a lasting imprint on legal academia, on the Duquesne community, and on the thousands of students whom she taught and mentored for over twenty-five years.

Should Criminal Justice Reformers Care About Prosecutorial Ethics Rules?, Bruce A. Green, Ellen Yaroshefsky

Duquesne Law Review

No abstract provided.

Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman

Duquesne Law Review

No abstract provided.

I, Too, Sing America: Presidential Pardon Power And The Perception Of Good Character, Jalila Jefferson-Bullock

Duquesne Law Review

No abstract provided.

What Is The Best Model For Investigating Presidential Wrongdoing, Today?, Bruce Ledewitz

Duquesne Law Review

No abstract provided.

Special Counsel Investigations And Legal Ethics: The Role Of Secret Taping, Peter A. Joy

Duquesne Law Review

No abstract provided.

Prosecutors In The Court Of Public Opinion, Bruce A. Green

Duquesne Law Review

No abstract provided.

The Right To Plea Bargain With Competent Counsel After Cooper And Frye: Is The Supreme Court Making The Ordinary Criminal Process "Too Long, Too Expensive, And Unpredictable . . . In Pursuit Of Perfect Justice"?, Bruce A. Green

Duquesne Law Review

"[T]oo long, too expensive, and unpredictable." That is how Justice Scalia described "the ordinary criminal process" in a dissenting opinion joined by Chief Justice Roberts and Justice Thomas. Justice Scalia blamed the length, cost, and unpredictability of criminal proceedings not on the intrinsic nature of adjudication but on the constitutional jurisprudence underlying the criminal process, which he depicted as unnecessarily intricate and unduly burdensome. One might infer, given their understanding, that these Justices will not only interpret constitutional provisions narrowly in criminal cases but, given the chance, will trim back constitutional protections that they believe earlier decisions benightedly …

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 …

Professional Liability Of Lawyers In Pennsylvania, H. Reginald Belden, H. Reginald Belden Jr., Marcia Belden Lappas

Duquesne Law Review

In the past decade, the bar, and especially the trial bar, has become keenly aware of the problems relating to the professional liability of medical doctors, osteopaths, and other practitioners of the healing arts. The number of medical malpractice suits, particularly against surgeons, has multiplied during that period of time. The verdicts in medical malpractice actions and the settlements arising out of such actions have been headlined in the newspapers in various parts of the country. While the law of medical malpractice has been developing into something of a specialty among some members of the trial bar, and while the …

Legal Ethics - Canon 19, John Ralph Kenrick

Duquesne Law Review

The Supreme Court of Pennsylvania has suggested by way of dicta that it can be unethical for an attorney to act as trial counsel in a case wherein his partner will appear as a material witness.

Weiherer v. Werley, 422 Pa. 18, 221 A.2d 133 (1966).

Pennsylvania Practice And Procedure - Principal Office Rule, Charles Scarlata

Duquesne Law Review

The Pennsylvania Supreme Court has amended this rule to allow attorneys to practice in all counties.

In Re: Amendment to Rule 14 of the Rules of the Supreme Court of Pennsylvania, 419 Pa. (5), ___ A.2d ___ (1965).

The Attorney-Client Privilege And Its Application To Patent Attorneys

Duquesne Law Review

Frequently in litigation in the federal courts, discovery of papers, documents and the like in the possession of the opposing client or his attorney is requested. Just as frequently, discovery of much of the requested materials is resisted on the grounds that it is privileged. The Federal Rules of Civil Procedure, while permitting liberal discovery of evidence, recognize privileged material as an exception. What is or is not privileged within the meaning of that term as used in Rule 34 of the Federal Rules of Civil Procedure, is to be determined by the law of evidence. One of the notable …