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Legal Ethics and Professional Responsibility Commons

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Journal

1992

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 53

Full-Text Articles in Legal Ethics and Professional Responsibility

Legal Ethics, Roy M. Sobelson Dec 1992

Legal Ethics, Roy M. Sobelson

Mercer Law Review

One of the traditional hallmarks of the American legal profession has been its virtual freedom from regulation. If there is any theme evident in recent developments in the legal ethics field, it is that this freedom is under increasing attack from clients, courts, the bar, and the legislature. The year 1992 was no exception, with a number of challenges made to the authority of individual lawyers and the profession itself. The Supreme Court of Georgia rejected one lawyer's challenge to mandatory court appointments and another's freedom to contract with a client for unlimited authority to settle cases.

The supreme court …


Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii Jul 1992

Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii

Indiana Law Journal

No abstract provided.


Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips Jun 1992

Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips

Washington and Lee Law Review

No abstract provided.


Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders Mar 1992

Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders

Brigham Young University Journal of Public Law

No abstract provided.


Lawyers And Loyalty, Michael K. Mcchrystal Feb 1992

Lawyers And Loyalty, Michael K. Mcchrystal

William & Mary Law Review

No abstract provided.


Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher Jan 1992

Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher

Villanova Law Review

No abstract provided.


Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel Jan 1992

Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel

Loyola University Chicago Law Journal

No abstract provided.


Perspectives On Group Representation, Deborah L. Rhode Jan 1992

Perspectives On Group Representation, Deborah L. Rhode

Kentucky Law Journal

No abstract provided.


Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney Jan 1992

Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney

University of Richmond Law Review

In a Mississippi case, a judge imposed and collected criminal fines, then willfully and fraudulently documented the case as dismissed, keeping the money for himself. In California, the Commission of Judicial Qualifications removed a judge for prodding an attorney with a "dildo," grabbing a court commissioner by his testicles in a public hallway, and habitually making offensive sexual remarks at his office. A Massachusetts judge received public censure for making derogatory and obscene references to members of the bench and bar, becoming intoxicated and urinating in public, and setting unusually high bail for African-American defendants. After a Federal Bureau of …


Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu Jan 1992

Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu

Indiana Law Journal

No abstract provided.


Ethical Issues In Representing Thrifts, Michelle D. Monse Jan 1992

Ethical Issues In Representing Thrifts, Michelle D. Monse

Buffalo Law Review

No abstract provided.


Ineffective Assistance Of Counsel Jan 1992

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan Jan 1992

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.


The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman Jan 1992

The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman

UIC Law Review

No abstract provided.


Right To Counsel Jan 1992

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1992

Right To Counsel

Touro Law Review

No abstract provided.


Planning For Free Trade: Taking Advantage Of The Transition., John M. Vernon, Enrique A. Gonzalez Calvillo Jan 1992

Planning For Free Trade: Taking Advantage Of The Transition., John M. Vernon, Enrique A. Gonzalez Calvillo

St. Mary's Law Journal

After two decades of restrictive policies regarding foreign involvement, Mexico is transforming its legal and regulatory structure. The progression of foreign investment, technology transfer, and industrial property laws and regulations is revealing. The significance of the overhaul of the industrial property and technology transfer framework in Mexico is evident considering the historical context in which it developed. With these reforms in place, Mexico significantly improved the conditions for placing U.S. franchises across the border. Mexico decreased tariff rates, eliminated import licenses for numerous products, and divested over half of the businesses previously owned or operated by the state. It also …


Legal Malpractice Committed While Working On Cases Which Result In Litigation Tolls The Statute Of Limitations For The Malpractice Claim Until All Appeals For The Underlying Causes Of Action Are Exhausted., Dina Bernstein Jan 1992

Legal Malpractice Committed While Working On Cases Which Result In Litigation Tolls The Statute Of Limitations For The Malpractice Claim Until All Appeals For The Underlying Causes Of Action Are Exhausted., Dina Bernstein

St. Mary's Law Journal

Abstract Forthcoming.


United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry Jan 1992

United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Trade between the United State and Mexico rose dramatically over the past decade. Several factors account for this increase in trade. These factors include the relative weakness of the Mexican currency, growth of the maquiladora industry, and increased Mexican production of exportable products generally. Other factors include Mexico’s 1986 accession to General Agreements Tariff and Trade (GATT), the resultant lowering of Mexican customs duties, and a good long-term working relationship between the two countries. If ongoing negotiations culminate in a North American Free Trade Agreement (NAFTA) the trend will accelerate.

Laws regulating the importation of merchandise into the United States …


An Empirical Study Of Kent Style Juvenile Transfers To Criminal Court., Robert O. Dawson Jan 1992

An Empirical Study Of Kent Style Juvenile Transfers To Criminal Court., Robert O. Dawson

St. Mary's Law Journal

Kent v. United States was the first in a series of majority decisions by the United States Supreme Court which fixed constitutional minimum requirements for the juvenile justice system. This decision follows case law establishing the adjudication phase of the process: a right to notice of charges, to confrontation and cross-examination of witnesses, not to be compelled to incriminate oneself, and to counsel. Shortly afterwards, the Court established the constitutional requirement the government must prove its charges in juvenile court beyond a reasonable doubt. Finally, the Court determined the Double Jeopardy Clause of the Constitution applies in the juvenile process. …


The Case For A Texas Compulsory Unitization Statute., Paula C. Murray, Frank B. Cross Jan 1992

The Case For A Texas Compulsory Unitization Statute., Paula C. Murray, Frank B. Cross

St. Mary's Law Journal

Compulsory unitization of oil and natural gas reservoirs would substantially enhance the welfare of the United States and of Texas in particular. The present regulated free market for oil production produces both inefficiencies and inequities. Consequentially, oil exploration is discouraged, oil production is unnecessarily costly and wasteful, and the private distribution of oil revenues can be arbitrarily unfair. Compulsory unitization would remedy many of these shortcomings which result from extant structures. Unitization means the cooperative development of an entire reservoir of oil or gas. Compulsory unitization in most states also contains a variety of substantive and procedural prerequisites to unitization …


God Is Dead: Killed By Fifty Years Of Establishment Clause Jurisprudence., Raul M. Rodriguez Jan 1992

God Is Dead: Killed By Fifty Years Of Establishment Clause Jurisprudence., Raul M. Rodriguez

St. Mary's Law Journal

In 1980, the Supreme Court in Stone v. Graham addressed the issue of whether a statute requiring the display of the Ten Commandments in all public school classrooms was an unconstitutional establishment of religion. Applying the Lemon test the Court found the statute’s purpose to be religious and ruled it unconstitutional. Yet, had the state required the placement of the following “secular commandments” in every classroom, it is unlikely the Court would have found an Establishment Clause violation. Stone illustrates what the Supreme Court’s Establishment Clause jurisprudence has become. The Court has misconstrued the meaning of the “establishment of religion” …


Reasonable Double Definitional Instruction Results In Abolishing Exclusion Of Outstanding Reasonable Hypothesis As Standard Of Review In Circumstantial Evidence Cases., John J. Lapham Jan 1992

Reasonable Double Definitional Instruction Results In Abolishing Exclusion Of Outstanding Reasonable Hypothesis As Standard Of Review In Circumstantial Evidence Cases., John J. Lapham

St. Mary's Law Journal

Abstract Forthcoming.


Ineffective Assistance Of Counsel Jan 1992

Ineffective Assistance Of Counsel

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Self-Incrimination Jan 1992

Self-Incrimination

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.