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Articles 1 - 30 of 30
Full-Text Articles in Legal Profession
Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles
Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles
Cornell Law Faculty Publications
No abstract provided.
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Articles
Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.
In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …
Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram
Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram
Cornell Law Faculty Publications
The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram
The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram
Cornell Law Faculty Publications
I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious …
Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard
Articles & Chapters
The oversight committee drafted standards and guidelines with the primary goal of creating a yardstick for defense services organizations against which to measure performance and the hope that a practical set of standards serve multiple purposes, including: educating a skeptical public about what it takes to provide quality defense services; promoting an understanding of why adequate funding is necessary (to engender public support for more spending); and providing notice to the organizations themselves of what is expected of a publicly funded defense office.
Professional Responsibility And Liability Issues Related To Limited Liability Law Partnerships, Susan Saab Fortney
Professional Responsibility And Liability Issues Related To Limited Liability Law Partnerships, Susan Saab Fortney
Faculty Scholarship
This article surveys the professional responsibility and liability issues related to attorneys practicing in limited liability law firms. Part I of this article provides background information regarding the development of the limited liability partnership (LLP) and its popularity among legal professionals. Part II tackles the 1996 ethics opinion on LLPs rendered by the American Bar Association Standing Committee on Ethics and Professional Responsibility. This article criticizes the ABA opinion by examining the conclusions and reasoning articulated in the opinion, indentifying disciplinary rules that the opinion did not address, and considering the possible effects of the opinion. Part III focuses on …
Mpre Reconsidered, The, Leslie Levin
Mpre Reconsidered, The, Leslie Levin
Faculty Articles and Papers
No abstract provided.
Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56
Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56
Law Practice
No abstract provided.
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins
Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
No abstract provided.
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
UIC Law Open Access Faculty Scholarship
No abstract provided.
Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson
Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson
UIC Law Open Access Faculty Scholarship
No abstract provided.
Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice
Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden
Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden
News Articles
No abstract provided.
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Scholarly Works
In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …
Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman
Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman
Scholarly Articles
During the last ten years billing fraud by lawyers has been recognized as a serious problem that undermines clients' trust of lawyers and the reputation of the profession as a whole. It used to be thought that lawyers who wanted to steal their clients' money would just take money out of the trust account. In recent years it has become clear that dishonest lawyers' methods of misappropriation are far more diverse than that.
The focus of this paper is on billing misconduct by lawyers who contract with their clients to bill by the hour. I will not talk about lawyers …
Kentucky Law Survey: Professional Responsibility, William H. Fortune
Kentucky Law Survey: Professional Responsibility, William H. Fortune
Law Faculty Scholarly Articles
This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.
Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle
Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley
Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley
Faculty Scholarship
Informed consent has a central role to play in mediation. Without it, mediation's promises of autonomy and self-determination are empty. This Article has given the theoretical and policy justifications for a reform of mediation practice that honors the principle of informed consent. I have argued for a contextualized approach that takes into account mediation's location, the voluntariness of the parties' consent, and their representational status. This kind of analysis will lead to a more informed practice of mediation decisionmaking than exists currently and provide a perspective that can more prudently guide a mediator's conduct. The proposed approach promotes greater fairness …
Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff
Allocation Of Decisionmaking Between Defense Counsel And Criminal Defendant: An Empirical Study Of Attorney-Client Decisionmaking, Rodney J. Uphoff
Faculty Publications
In Commonwealth v. Woodward, the highly publicized murder trial of an au pair accused of killing an infant in her care, the defense team faced a strategic decision commonly encountered at trial: whether to request or to object to lesser included jury instructions. Put simply, the Woodward defense team had to decide whether to ask for an instruction that would permit the jury to return a manslaughter verdict, or to object to such an instruction, leaving the jury only the choice either to acquit the defendant or to convict her of second degree murder as charged in the indictment. Undoubtedly …
Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor
Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This essay draws on the examples of Watergate and Iran-Contra to offer a new perspective on Independent Counsel and their ability to investigate and prosecute high-level wrongdoing. The current consensus is that an Independent Counsel, appointed by judges of the special court pursuant to the Ethics in Government Act, will invariably investigate and prosecute crimes more vigorously than a Special Prosecutor appointed by the President or the Attorney General. Watergate and Iran-Contra suggest, however, that there are institutional and political factors that make analysis of the comparative tendencies of the two types of prosecutors more complex and dependent on circumstance. …
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.
The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin
The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin
Scholarly Works
No abstract provided.
The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.
The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
The Religious Lawyer In A Pluralist Society, Howard Lesnick
The Religious Lawyer In A Pluralist Society, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat
Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat
All Faculty Scholarship
No abstract provided.
Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann
Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann
Articles & Chapters
No abstract provided.
Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell
Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell
Faculty Works
No abstract provided.