Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

1987

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 47

Full-Text Articles in Legal Ethics and Professional Responsibility

Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley Oct 1987

Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley

Washington Law Review

This Comment reviews the background leading to Washington's present reinstatement guidelines and analyzes the approach taken by the Washington Supreme Court in deciding reinstatement petitions. Three recent cases are discussed to illustrate the problems created by the current approach. This Comment suggests that the court adopt a new approach in deciding reinstatement cases. The proposed approach establishes uniform disbarment periods for specific offenses and clarifies the qualifications expected of individual reinstatement applicants. This approach utilizes the categories of offenses set forth in the proposal drafted by the American Bar Association (hereinafter ABA) Standards for Imposing Lawyer Sanctions. The proposed changes …


A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry Feb 1987

A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry

William & Mary Law Review

No abstract provided.


Professional Responsibility - When Do The Equities Tip The Scale To Require And Attorney To Remain In A Case Without A Client, Kristine Y. Schmidt Jan 1987

Professional Responsibility - When Do The Equities Tip The Scale To Require And Attorney To Remain In A Case Without A Client, Kristine Y. Schmidt

Villanova Law Review

No abstract provided.


Pinocchio For The Defense, Linda Harrison Gottlieb Jan 1987

Pinocchio For The Defense, Linda Harrison Gottlieb

Florida State University Law Review

No abstract provided.


Lawyers And Professionalism: A Commentary On The Report Of The American Bar Association Commission On Professionalism, Ronald D. Rotunda Jan 1987

Lawyers And Professionalism: A Commentary On The Report Of The American Bar Association Commission On Professionalism, Ronald D. Rotunda

Loyola University Chicago Law Journal

No abstract provided.


The Illinois Attorney Registration And Disciplinary Commission: Its Structure, Operation, And Limitations, Thomas R. Mulroy Jr., Michael Palmer Jan 1987

The Illinois Attorney Registration And Disciplinary Commission: Its Structure, Operation, And Limitations, Thomas R. Mulroy Jr., Michael Palmer

Loyola University Chicago Law Journal

No abstract provided.


The Epidemic Of Prosecutorial Courtroom Misconduct In Illinois: Is It Time To Start Prosecuting The Prosecutors?, Edward M. Genson, Marc W. Martin Jan 1987

The Epidemic Of Prosecutorial Courtroom Misconduct In Illinois: Is It Time To Start Prosecuting The Prosecutors?, Edward M. Genson, Marc W. Martin

Loyola University Chicago Law Journal

No abstract provided.


Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby Jan 1987

Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby

University of Richmond Law Review

All lawyers licensed in Virginia must adhere to the Disciplinary Rules (DRs) and principles codified in the Virginia Code of Professional Responsibility. The ethical precepts contained therein constitute the bedrock upon which the notion of professionalism is based. It distinguishes Virginia lawyers as members of a learned profession. Unfortunately, all lawyers do not accept the ethical responsibilities which come with the privilege of licensure. For those instances in which a lawyer strays from his ethical tethering, the Supreme Court of Virginia has devised a procedure for investigating complaints of lawyer misconduct and, where appropriate, imposing discipline.


Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger Jan 1987

Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger

University of Baltimore Law Review

No abstract provided.


Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder Jan 1987

Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder

Campbell Law Review

This Comment will first explore the problems associated with grand jury subpoenas to defense attorneys, and then move on to examine the role of the grand jury in the criminal justice system. The Comment will then survey previous approaches to the problem and their deficiencies, following which it will focus on the new ethical rule and its ramifications for the grand jury process. Finally, it will will suggest alternatives to the current approaches.


Illusion And Reality In Regulating Lawyer Performance: Rethinking Rule 11, Lawrence M. Grosberg Jan 1987

Illusion And Reality In Regulating Lawyer Performance: Rethinking Rule 11, Lawrence M. Grosberg

Villanova Law Review

No abstract provided.


Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel Jan 1987

Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel

University of Baltimore Law Review

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


Screening The Disqualified Lawyer: The Wrong Solution To The Wrong Problem, Thomas D. Morgan Jan 1987

Screening The Disqualified Lawyer: The Wrong Solution To The Wrong Problem, Thomas D. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.


The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina Jan 1987

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.


Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii Jan 1987

Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii

St. Mary's Law Journal

Abstract Forthcoming.


The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben Jan 1987

The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben

St. Mary's Law Journal

Abstract Forthcoming.


Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley Jan 1987

Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley

St. Mary's Law Journal

Abstract Forthcoming.


Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling Jan 1987

Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling

St. Mary's Law Journal

Abstract Forthcoming.


The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter Jan 1987

The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.


Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen Jan 1987

Texas Statutory Notice Of Lis Pendens: A Deprivation Of Property Interest Without Due Process Comment., Herbert A. Janzen

St. Mary's Law Journal

Abstract Forthcoming.


An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer Jan 1987

An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer

St. Mary's Law Journal

Abstract Forthcoming.


Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf Jan 1987

Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf

St. Mary's Law Journal

Abstract Forthcoming.


Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson Jan 1987

Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.


A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts Jan 1987

A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts

St. Mary's Law Journal

The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …


Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii Jan 1987

Judicial Notice Under Article Ii Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.


Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary Jan 1987

Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary

St. Mary's Law Journal

Abstract Forthcoming.


The Changing Role Of The Attorney With Respect To The Corporation, Wilton S. Sogg, Michael L. Solomon Jan 1987

The Changing Role Of The Attorney With Respect To The Corporation, Wilton S. Sogg, Michael L. Solomon

Cleveland State Law Review

Supreme Court Justice Potter Stewart once stated that "the propriety of a lawyer serving as a member of the Board of Directors of his corporate client remains, even today, a vexing problem of professional responsibility.” Historically, accountants have been assumed, as well as required, to be independent of any enterprise in which they express an opinion regarding the enterprise's financial statements. Independence had been interpreted to mean that accountants may not serve on the board of directors or invest in any enterprise which they, or their firm, audit, or for whom either expresses an opinion on the enterprise's financial statements. …


Contractual Limitations On Attorney Malpractice Liability: An Economic Approach, Leonard E. Gross Jan 1987

Contractual Limitations On Attorney Malpractice Liability: An Economic Approach, Leonard E. Gross

Kentucky Law Journal

No abstract provided.


Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii Jan 1987

Article I Of The Texas Rules Of Evidence And Articles I And Xi Of The Texas Rules Of Criminal Evidence: Applicability Of The Rules, Procedural Matters, And Preserving Error., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.