Legal Profession Commons^™

Imputed Liability For Supervising Prosecutors: Applying The Military Doctrine Of Command Responsibility To Reduce Prosecutorial Misconduct, Geoffrey S. Corn, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.

Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney

Susan S. Fortney

No abstract provided.

Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan S. Fortney

Susan S. Fortney

The legal landscape for lawyers’ professional liability in the United States is changing. In 2018, Idaho implemented a new rule requiring that lawyers carry legal malpractice insurance. The adoption of the Idaho rule was the first move in forty years by a state to require legal malpractice insurance since Oregon mandated lawyer participation in a malpractice insurance regime. Over the last two years, a few states have considered whether their jurisdictions should join Oregon and Idaho in requiring malpractice insurance for lawyers in private practice. To help inform the discussion, the article examines different positions taken in the debate on …

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Susan S. Fortney

No abstract provided.

Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno

James E. Moliterno

The legal profession tends to look inward and backward when faced with crisis and uncertainty. The legal profession could make greater advances by looking outward and forward to find in society and culture the causes of and connections with the legal profession’s crises. Doing so would allow the profession to grow with society, solve problems with rather than against the flow of society, and be more attuned to the society the profession claims to serve.

Rise Of The Robot Lawyers?, Milan Markovic

Milan Markovic

The advent of artificial intelligence has provoked considerable speculation about the future of the American workforce, including highly educated professionals such as lawyers and doctors. Although most commentators are alarmed by the prospect of intelligent machines displacing millions of workers, this is not so with respect to the legal sector. Media accounts and some legal scholars envision a future where intelligent machines perform the bulk of legal work, and legal services are less expensive and more accessible. This future is purportedly at hand as lawyers struggle to compete with technologically savvy alternative legal service providers.

This Article challenges the notion …

Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser

Susan Poser

This Article examines the debate over multidisciplinary practice in the wake of the collapse of Enron and Arthur Andersen. Part I addresses the history of the scholarly debate about multidisciplinary practice in the United States. It discusses the focus on large multidisciplinary firms, feared threats to independent professional judgment, and the current rule concerning lawyers and multidisciplinary practice.

Part II examines the reasons for allowing multidisciplinary practice. The author argues that client demand, lawyer demand, and policy reasons all provide valid reasons for permitting "one-stop" shopping. Part I also discusses existing forms of multidisciplinary practice. The author argues that the …

Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans

Frederick H. Zemans

The issue of unauthorized legal practice involves questions of professionalism and market protection. The legal profession, like other professions, is seen a being particularly successful at excluding others from its area of jurisdiction. Disputes over jurisdiction occur at the edge of this jurisdiction, specifically when certain condition arise. The e conditions are characterized by the "indetermination/ technicality (I/T) ratio", where "I" represents the ideological underpinning of the profession and "T" represents the technical knowledge. "If either the knowledge base or the ideological underpinning deteriorates, the occupation will lose control over its spheres of activity....For an occupation or a profession to …

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry

Laurel S. Terry

Resources And Urls Related To Aba Model Rule Of Professional Conduct 5.4 (Originally Prepared For The May 2019 Aba Cpr Conference In Vancouver), Laurel S. Terry

Laurel S. Terry

• Rule 5.4
• Rule 5.4 State variations chart
• Rationale for Rule 5.4
• State Versions of Rule 5.4 that Differ From/Supplement ABA Model Rule 5.4:
• Jurisdictions that Currently Are Considering Rule 5.4 Issues (Arizona, California, Utah)
• U.S. Groups That …

Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry

Laurel S. Terry

Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry

Laurel S. Terry

Designing And Improving A System Of Proactive Management-Based Regulation To Help Lawyers And Protect The Public, Susan Saab Fortney

Susan S. Fortney

Increasingly, lawyers and decision-makers are recognizing the limitations and consequences of current approaches to attorney regulation. Inspired by developments in other countries, regulators in the United States and Canada have started the process of exploring innovative approaches, including proactive management-based regulation. The term, proactive-management regulation (PMBR), was first used by Professor Ted Schneyer to refer to a regulatory approach designed to promote ethical law practice by assisting lawyers with practice management.

The seed for PMBR was first planted in the Australian state of New South Wales (NSW). It grew out of the legislation that allowed limited liability and non-lawyer ownership …

Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport

Randy D. Gordon

Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …

Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney

Susan S. Fortney

The courts have yet to decide the issue of the enforceability of provisions in legal malpractice insurance policies that specifically exclude from coverage claims made by government regulators such as the FDIC. The question has reached the courts with respect to such exclusionary provisions in directors' and officers' liability insurance policies, and here the courts are split. The author discusses the current case law and the statutory developments.

Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney

Susan S. Fortney

In 1994, Professor Manuel R. Ramos published a law review article called, Legal Malpractice: The Profession's Dirty Little Secret. As suggested by the title, Professor Ramos argued that legal malpractice was a "taboo subject" that has been "ignored by the legal profession, law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly and lay publications." Thirty years later, legal malpractice is an ever-present threat that lawyers cannot afford to ignore.

Us State Implementation Of 5 Methods Of Foreign Lawyer Practice In The United States, Laurel S. Terry

Laurel S. Terry

Professionalism And Ethics Section Takes Its Turn, Jodi Nafzger

Jodi Nafzger

Membership in [the Professionalism and Ethics Section of the Idaho State Bar] provides Idaho attorneys an opportunity to work closely with colleagues who share a vision for a profession that embodies personal courtesy and professional and ethical integrity. We are fortunate to practice law in a state that values this vision, and we invite you to attend our CLEs [Continuing Legal Education] and join our membership. [excerpt]

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

Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

Lawyer Discipline In An Authoritarian Regime: Empirical Insights From Zhejiang Province, China, Judith A. Mcmorrow, Benjamin Van Rooij, Sida Liu

Judith A. McMorrow

On paper the state-run lawyer disciplinary system in China serves multiple interests: client protection, maintaining the reputation of the legal profession, upholding the rule of law, and safeguarding the party-state authority. This Article assesses which of these interests dominates in the lawyer disciplinary process by analyzing 122 published lawyer discipline cases from Zhejiang Province from 2007-2015. These records of lawyer discipline evidence an authoritarian political logic of attorney discipline, with punishment most clearly serving to safeguard the Communist Party's rule by keeping lawyers in bounds and tightly tied to their law firms. Subordinate to this are other state interests such …

Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew

Kendall L. Kerew

No abstract provided.

The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe

David Jaffe

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Judith A. McMorrow

The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis …

Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk

Catherine Fisk

No abstract provided.

Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay

Paul R. Tremblay

In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald Lopez disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply Lopez’s critiques to the work of those practitioners. I argue here that transactional legal services, or TLS, on behalf of subordinated clients achieves …

Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson

Darby Dickerson

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

Darby Dickerson

No abstract provided.

Foreword: Why “Tradition, Innovation, And New Beginnings: Celebrating The History Of The Dickinson Law Review” Is An Appropriate Title For Volume 122(1), Laurel S. Terry

Laurel S. Terry