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Articles 61 - 65 of 65
Full-Text Articles in Legal Profession
Making A List And Checking It Twice: Must Tax Attorneys Divulge Who's Naughty And Nice?, Richard Lavoie
Making A List And Checking It Twice: Must Tax Attorneys Divulge Who's Naughty And Nice?, Richard Lavoie
ExpressO
This article analyzes the ability of tax attorneys to shield a client’s identity from disclosure to the Internal Revenue Service under the attorney-client privilege. The article concludes that, on policy grounds, the attorney-client privilege should be limited in the context of tax planning. Consequently, client identity should not be privileged irrespective of whether a tax shelter is involved. The article also concludes that the privilege would not be available under the current judicial approach to client identity questions. As a result, recent regulations requiring tax attorneys to maintain lists of clients engaging in specified tax motivated transactions represent an appropriate …
Using Our Brains: What Cognitive Science Teaches About Teaching Law Students To Be Ethical, Professionally Responsible Lawyers, Alan M. Lerner
Using Our Brains: What Cognitive Science Teaches About Teaching Law Students To Be Ethical, Professionally Responsible Lawyers, Alan M. Lerner
ExpressO
Throughout our lives, below the level of our consciousness, each of us develops powerful values, intuitions, expectations, and needs that powerfully affect both our perceptions and our judgments. Placed in situations in which we feel threatened, or which implicate our values, our brains, relying on those implicitly learned, emotionally weighted, memories, can "downshift," to primitive, self-protective problem solving techniques - fight or flight. Because these processes operate below the radar of our consciousness, we react without reflection or the opportunity for interdiction. Thus, it may be that automatic, “emotional” reaction, rather than thoughtful, reasoned analysis leads to our responses to …
The New Japanese Law Schools, James R. Maxeiner
The New Japanese Law Schools, James R. Maxeiner
ExpressO
Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.
Interpersonal Dynamics, Joshua D. Rosenberg
Interpersonal Dynamics, Joshua D. Rosenberg
ExpressO
This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from …
Emerging Issues On The Internet For The Legal Profession, Rosaria Vigorito
Emerging Issues On The Internet For The Legal Profession, Rosaria Vigorito
ExpressO
The paper offers an overview of the emerging issues raised by the Internet in the legal profession. In particular, the extension of the attorney-client privilege; the application of the ethics principle of confidentiality to email communications; Internet connectivity and the security issues pertaining to it; and, general "cyberlegalethics" concerns raised by using the Internet, such as avoiding the unauthorized practice of law and verifying information found on the Web.