Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

Pepperdine University

Discipline
Keyword
Publication Year
Publication

Articles 1 - 30 of 132

Full-Text Articles in Legal Profession

Pandemic As Panacea: The Positive Long-Term Impact Of Forced Innovation In The Legal Industry, J. Mark Phillips Jan 2022

Pandemic As Panacea: The Positive Long-Term Impact Of Forced Innovation In The Legal Industry, J. Mark Phillips

The Journal of Business, Entrepreneurship & the Law

Despite the untold disruption the COVID-19 pandemic continues to inflict upon the legal industry, several positive outcomes may ultimately emerge. These unexpected gains may not only improve the practice of law but also address long-standing weaknesses in the industry. In this article, I utilize Roger’s Innovation Diffusion model to shed preliminary light on the unprecedented phenomenon of forced, comprehensive, and immediate adoption of new technology throughout the legal industry. While doing so, I highlight the way this sudden adoption will likely change perceptions regarding perennial areas of tension, such as mental health and work-life balance. Finally, I argue that the …


Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge Mar 2020

Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge

Pepperdine Law Review

This Essay is a contribution to a festschrift honoring Pepperdine law professor Robert Cochran. In addition to his many other professional accomplishments, Professor Cochran is a leading figure in the study of Law and Christianity. One strain of Law and Christianity scholarship focuses on normative critiques of substantive legal issues based on Christian theology. In other words, it seeks to make the civil law more moral; i.e., to conform Man’s Law to God’s Law. A second strain seeks to help lawyers deal with the difficulties inherent in being a Christian and a lawyer. As Cochran has put it, one might …


The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett Mar 2020

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Pepperdine Law Review

Professor Robert Cochran’s work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer’s writing, one that has continued through and been developed in Cochran’s, is “community.” This Essay explores and unpacks this theme and highlights several ways that the idea of “community” functions in their vision of the lawyer’s role and vocation.


Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr. Jan 2020

Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.

The Journal of Business, Entrepreneurship & the Law

Our essay has five parts: (i) a discussion of how external forces are reshaping the economics of today’s legal industry; (ii) examples of the types of decisions that tend to drive up the cost of bills in contravention of ethical duties; (iii) a discussion of possible reasons for those decisions (including a short discussion of social science explanations); (iv) a description of how attorneys can use data analytics tools to self-govern how they staff, deliver and bill for their legal services; and (v) recommendations for how both clients and law firms can benefit from proactively managing, on the front end, …


Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla Mar 2018

Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra Mar 2018

The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra

The Journal of Business, Entrepreneurship & the Law

The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that are in place. Finally, it argues that lawyers will always be needed in the practice of law, despite the continued growth of AI.


The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo Oct 2017

The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo

Pepperdine Dispute Resolution Law Journal

The attorney-mediator may be a beneficial hybrid, but what happens when another layer is added to the attorney's functions? Specifically, what happens when the attorney takes on the role of both mediator and interpreter? Part I will provide a brief overview of the increasing role of attorneys as mediators, as well as an overview of the guidelines for mediators and interpreters. Part II examines the importance of language and culture in mediation, particularly focusing on the vital function of the interpreter in the United States. Given the variety of languages spoken in the United States, interpreters are becoming an essential …


Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge Sep 2017

Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski Jun 2016

Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski

Pepperdine Law Review

With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …


The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder Jul 2015

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Pepperdine Law Review

This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer …


The Case For Forgiveness In Legal Disputes, Eileen Barker Feb 2014

The Case For Forgiveness In Legal Disputes, Eileen Barker

Pepperdine Dispute Resolution Law Journal

The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.


Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff Feb 2014

Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff

Pepperdine Dispute Resolution Law Journal

The article offers information on the definition of the apology, forgiveness, and reconciliation processes. It discusses the relationship between these concepts and explains the benefits of practical use of apology, forgiveness, and reconciliation in the law. It informs that these concepts provide an effective healing to dispute or conflicts between individuals, groups, or institutions.


Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner May 2013

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.


New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee May 2013

New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee

Pepperdine Law Review

No abstract provided.


In Memoriam: Milton Brent Oldham, David J. Agatstein Apr 2013

In Memoriam: Milton Brent Oldham, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham Apr 2013

The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers Apr 2013

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Nine Secrets For Living With Judges , J.P. Vero Apr 2013

Nine Secrets For Living With Judges , J.P. Vero

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence For Administrative Law Judges, Christine Mckenna Moore Apr 2013

Evidence For Administrative Law Judges, Christine Mckenna Moore

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein Apr 2013

Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Erosion Of Judicial Immunity, David J. Agatstein Apr 2013

The Erosion Of Judicial Immunity, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Report On The National Conference Of Administrative Law Judges (Aba), Paul Wyler Apr 2013

Report On The National Conference Of Administrative Law Judges (Aba), Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law In Minnesota, William Brown Apr 2013

Administrative Law In Minnesota, William Brown

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


What Makes A Good Judge?, Jane W. Nelson Apr 2013

What Makes A Good Judge?, Jane W. Nelson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Art Of Legal Writing, Thomas E. Spahn Apr 2013

The Art Of Legal Writing, Thomas E. Spahn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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.


The Peer Review Process In Administrative Adjudication, Robert Robinson Gales Apr 2013

The Peer Review Process In Administrative Adjudication, Robert Robinson Gales

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Central Panel: A Response To Critics, John Hardwicke, Thomas E. Ewing Apr 2013

The Central Panel: A Response To Critics, John Hardwicke, Thomas E. Ewing

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003, Arthur J. England Jr Apr 2013

The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003, Arthur J. England Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Better Access To Justice, Better Access To Attorneys' Fees - The Procedural Implications Of Scarborough V. Principi, Jamie H. Kim Apr 2013

Better Access To Justice, Better Access To Attorneys' Fees - The Procedural Implications Of Scarborough V. Principi, Jamie H. Kim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.