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Legal Ethics and Professional Responsibility Commons

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Full-Text Articles in Legal Ethics and Professional Responsibility

Lawyers As Caregivers, Paula Schaefer Jun 2022

Lawyers As Caregivers, Paula Schaefer

St. Mary's Journal on Legal Malpractice & Ethics

This Article argues that clients—much like patients in a healthcare setting—need their lawyers to be caregivers. The Article opens by developing a definition of caregiving in medicine and law. It then turns to five key components of caregiving in medicine, explaining the substantial research that this care is crucial for patient satisfaction, trust, and healing. Medical educators have drawn on this research to better prepare medical professionals to be excellent caregivers. The Article then explores the evidence that an attorney’s clients have the same needs and suffer similar harm when attorneys fail to meet these needs. Next, the Article turns …


2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa Feb 2020

2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa

The International Journal of Ethical Leadership

transcript


Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake Apr 2013

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Two Lawyers, One Client, And The Duty To Communicate: A Gap In Rules 1.2 And 1.4, Stephen C. Sieberson Apr 2013

Two Lawyers, One Client, And The Duty To Communicate: A Gap In Rules 1.2 And 1.4, Stephen C. Sieberson

The University of New Hampshire Law Review

[Excerpt] “There may have been a day in which most American legal matters involved one client and one lawyer, but that day has surely passed. People today travel widely, businesses sell their goods and services across the country, and activity of all sorts—both legal and illegal—can be carried out in cyberspace. In such a society the laws of multiple jurisdictions can be relevant to the broad range of client circumstances. At the same time, legal issues have become increasingly complex, forcing lawyers to make referrals to outside specialists. In addition, some transactions or litigation matters may simply be too large …


Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen Feb 2013

Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen

Pepperdine Law Review

No abstract provided.


Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas Feb 2013

Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas

Pepperdine Law Review

No abstract provided.


Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes Feb 2013

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …


A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop Oct 2012

A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop

The University of New Hampshire Law Review

[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise …


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton Apr 2012

Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton

Pepperdine Law Review

No abstract provided.


The Lawyer's Humble Walk, Mark Osler Mar 2012

The Lawyer's Humble Walk, Mark Osler

Pepperdine Law Review

A growing body of literature addresses the role faith plays in the work of many lawyers. This article argues that humility is the defining characteristic of the lawyer of faith.


Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman Mar 2012

Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman

Pepperdine Law Review

No abstract provided.


Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson Mar 2012

Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson

Pepperdine Law Review

No abstract provided.


The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold Mar 2012

The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold

Pepperdine Law Review

No abstract provided.


Professional Responsibility, James M. Mccauley Nov 2008

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.


Conscripting Attorneys To Battle Corporate Fraud Without Shields Or Armor? Reconsidering Retaliatory Discharge In Light Of Sarbanes-Oxley, Kim T. Vu Oct 2006

Conscripting Attorneys To Battle Corporate Fraud Without Shields Or Armor? Reconsidering Retaliatory Discharge In Light Of Sarbanes-Oxley, Kim T. Vu

Michigan Law Review

This Note advocates that federal courts should allow attorneys to bring retaliatory discharge claims under SOX. Traditional rationales prohibiting the claims of retaliatory discharge by attorneys do not apply in the context of Sarbanes-Oxley. This Note contends that the Department of Labor and the federal courts should interpret the whistleblower provisions of § 806 as protecting attorneys who report under § 307. Assuring reporting attorneys that they have protection from retaliation will encourage them to whistleblow and thereby advance SOX's policy goal of ferreting out corporate fraud. Part I explores the legal landscape of retaliatory discharge suits by attorneys. This …


Attorneys: The Hypocrisy Of The Anointed--The Refusal Of The Oklahoma Supreme Court To Extend Antidiscrimination Laws To Attorneys In Bar Disciplinary Hearings, Stephen M. Hines Jan 1996

Attorneys: The Hypocrisy Of The Anointed--The Refusal Of The Oklahoma Supreme Court To Extend Antidiscrimination Laws To Attorneys In Bar Disciplinary Hearings, Stephen M. Hines

Oklahoma Law Review

No abstract provided.


When Is An Attorney Unreasonable And Vexatious? Jan 1988

When Is An Attorney Unreasonable And Vexatious?

Washington and Lee Law Review

No abstract provided.


The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm Jan 1981

The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm

Washington and Lee Law Review

No abstract provided.


Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange Jan 1980

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange

Villanova Law Review

No abstract provided.


Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill Jan 1980

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review

No abstract provided.


A Dialogue On The Unauthorized Practice Of Law, Roger Hunter, Robert Klonoff Jan 1979

A Dialogue On The Unauthorized Practice Of Law, Roger Hunter, Robert Klonoff

Villanova Law Review

No abstract provided.


Attorneys - Law Firm May Obtain Injunction Barring Soliciation Of Clients By Former Salaried Associates, John Stemplewicz Jan 1979

Attorneys - Law Firm May Obtain Injunction Barring Soliciation Of Clients By Former Salaried Associates, John Stemplewicz

Villanova Law Review

No abstract provided.


The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst Jul 1978

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium


A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer Jun 1978

A Lesson From Trollope For Counselors At Law, Thomas L. Shaffer

Washington and Lee Law Review

No abstract provided.


The Privilege Against Self-Incrimination In Bar Disciplinary Proceedings: What Ever Happened To Spevack, Miriam Brenaman Duff Jan 1977

The Privilege Against Self-Incrimination In Bar Disciplinary Proceedings: What Ever Happened To Spevack, Miriam Brenaman Duff

Villanova Law Review

No abstract provided.


Lawyers And Justice: The Uneasy Ethics Of Partisanship, Harry W. Jones Jan 1977

Lawyers And Justice: The Uneasy Ethics Of Partisanship, Harry W. Jones

Villanova Law Review

No abstract provided.


Pennsylvania Clients' Security Fund - How Secure Is The Public, Robert B. Gigl Jr. Jan 1976

Pennsylvania Clients' Security Fund - How Secure Is The Public, Robert B. Gigl Jr.

Villanova Law Review

No abstract provided.


Attorneys Must Not Enter Partnership Agreements Prohibiting Themselves From Representing Former Clients Upon Termination Of Partnership. Dwyer V. Jung, 133 N.J. Super. 343, 336 A.2d 498 (Ch. 1975), Appeal Docketed, No. 3378-74, App. Div., June 18, 1975., Robert L. Schonfeld Jan 1975

Attorneys Must Not Enter Partnership Agreements Prohibiting Themselves From Representing Former Clients Upon Termination Of Partnership. Dwyer V. Jung, 133 N.J. Super. 343, 336 A.2d 498 (Ch. 1975), Appeal Docketed, No. 3378-74, App. Div., June 18, 1975., Robert L. Schonfeld

Fordham Urban Law Journal

Three attorneys entered into a partnership agreement for the practice of law. Their agreement included a provision that assigned the partnership's insurance carrier clients to individual partners upon the termination of the partnership and restricted the partners from doing business with a client designated as that of another partner for a period of five years. Of these insurance carrier clients, 154 were assigned to the defendant while five were allotted to the plaintiffs. After the partnership was dissolved, the plaintiffs sought a judicial accounting. The defendant counterclaimed, contending that the plaintiffs violated the restrictive covenant of the original partnership agreement …


Concurrent Practice Of Accounting And Law: Public Interest Or Private Gain?, Howard J. Busbee Oct 1967

Concurrent Practice Of Accounting And Law: Public Interest Or Private Gain?, Howard J. Busbee

William & Mary Law Review

No abstract provided.