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Full-Text Articles in Legal Ethics and Professional Responsibility

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh Jul 2018

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh

Nancy Welsh

Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …


Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald Apr 2018

Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald

Maine Law Review

The Third Annual Frank M. Coffin Lecture on Law and Public Service was held on September 28, 1994. The Honorable Patricia M. Wald, Judge, United States Court of Appeals for the District of Columbia, presented “Whose Public Interest Is It Anyway?: Advice for Altruistic Young Lawyers.”


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Feb 2018

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Maine Law Review

The Annual Edward S. Godfrey Lecture at the University of Maine School of Law was held on November 12, 1998. Professor Thomas L. Shaffer, Edward S. Godfry Professor of Law, presented “Towering Figures, Enigmas, and Responsive Communities in American Legal Ethics.”


In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg Feb 2018

In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg

Maine Law Review

The Eighth Annual Frank M. Coffin Lecture on Law and Public Service was held on November 22, 1999. The Honorable Ruth Bader Ginsburg, Associate Justice of the United States Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit and long-time friend of the University of Maine School of Law.


A Penal Colony For Bad Lawyers, Bennett L. Gershman Jan 2018

A Penal Colony For Bad Lawyers, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

In this article I set out what I believe is an extreme and unconventional way to discipline egregiously bad lawyers. For starters, I think it might be useful to survey briefly the kinds of lawyering conduct currently subject to disciplinary sanctions. Regulation of the conduct of defense lawyers in the U.S. is hedged by various legal and professional rules that are enforced by courts and disciplinary bodies essentially to ensure a minimum level of competent and ethical representation. The Sixth Amendment right to counsel--the so-called “sacred” right--seeks to ensure at least a reasonable degree of lawyering skill. Also, professional codes …


The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles Dec 2017

The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports, including case studies from Australia, Canada, and the United States regarding legal profession preparation for …