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Articles 1 - 30 of 171
Full-Text Articles in Legal Profession
Beyond Stress Reduction: Mindfulness As A Skill For Developing Authentic Professional Identity, Richard C. Reuben
Beyond Stress Reduction: Mindfulness As A Skill For Developing Authentic Professional Identity, Richard C. Reuben
Faculty Publications
Mindfulness is often touted in the legal field for its capacity to help reduce stress and improve focus through the management of distractions. However, the potential contributions of mindfulness practice for the legal profession extend beyond stress reduction' and include great promise for helping lawyers understand who they are as members of the legal profession - that is, their professional identity. This knowledge is empowering because it allows lawyers facing ethical quandaries to make choices that better align their professional values with their personal values, rather than aligning their personal values with professional values and societal expectations of success. In …
Volume 42 (Annual Report 2018)
Volume 41, Issue 2 (Winter 2018)
Volume 41, Issue 1 (Spring 2017)
Technically Bankrupt, Brook E. Gotberg
Technically Bankrupt, Brook E. Gotberg
Faculty Publications
What is the difference between a robot and a lawyer? The answer is not a joke, and may soon be a matter of great urgency for attorneys, as the legal field attempts to adjust to disruptive technologies that are likely to permanently alter the way that law is practiced throughout the United States. The consequences for failing to adjust to technological disruption for any industry, as demonstrated in recent years by big-name, bankrupt companies, can be disastrous. Legal tools found in chapter 11 of the Bankruptcy Code are largely intended to assist debtors in reorganizing their business affairs, preserving value …
Volume 40, Issue 2 (Fall 2016)
Volume 40, Issue 1 (Spring 2016)
Last Lecture: Tips For Lawyers Who Want To Get Good Results For Clients And Make Money, John M. Lande
Last Lecture: Tips For Lawyers Who Want To Get Good Results For Clients And Make Money, John M. Lande
Faculty Publications
Lawyers often assume that they know what their clients want-to get as much money or pay as little money as possible. While clients usually are very concerned about their bottom line, they often have additional interests. In virtually any kind of case, parties may have an interest in being treated respectfully and fairly, minimizing the cost and length of the process, freeing time to focus on matters other than the dispute, reducing the emotional wear and tear caused by continued disputing, and protecting privacy and reputations. Plaintiffs may have interests such as obtaining favorable tax consequences, getting nonmonetary opportunities, and …
Volume 39, Issue 2 (Fall 2015)
Volume 39, Issue 1 (Spring 2015)
Volume 38, Issue 2 (Fall 2014)
Volume 38, Issue 1 (Spring 2014)
Escaping From Lawyers' Prison Of Fear, John Lande
Escaping From Lawyers' Prison Of Fear, John Lande
Faculty Publications
Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction …
The True Value Of A Law Degree, Or, Why Did Thurgood Marshall Go To Law School?, R. Lawrence Dessem, Gregory M. Stein
The True Value Of A Law Degree, Or, Why Did Thurgood Marshall Go To Law School?, R. Lawrence Dessem, Gregory M. Stein
Faculty Publications
There has been vigorous debate in recent months over whether a law degree is a worthwhile investment. Much of this discussion has focused on whether the economic costs of obtaining a degree pay off over a lawyer’s career. This conversation has largely overlooked the many non-economic benefits of a law degree. In this essay, we seek to re-introduce several non-economic factors back into this important dialogue. We suggest that prospective law school applicants would be wise to consider these non-economic factors in addition to economic ones.
Volume 37, Issue 2 (Fall 2013)
Volume 37, Issue 1 (Spring 2013)
Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande
Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice, John M. Lande
Faculty Publications
This article synthesizes major points in the October 2012 symposium of the University of Missouri School of Law Center for the Study of Dispute Resolution, entitled "Overcoming Barriers in Preparing Law Students for Real-World Practice." There is a growing consensus that American law schools need to do a better job of preparing students to practice law. Teaching students to think like a lawyer is still necessary but it is not sufficient for students to act like a lawyer soon after they graduate.
Volume 36, Issue 2 (Fall 2012)
Volume 36, Issue 1 (Spring 2012)
Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams
Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams
Faculty Publications
In a recent high-profile prosecution, the federal district court criticized defense counsel for filing a post-trial brief that copied passages from previously published material without attribution. The court followed other recent decisions that, since about 2000, have chastised lawyers for briefs marked by plagiarism. Some lawyers had copied passages from earlier judicial opinions that rest in the public domain, and some lawyers (as in the recent prosecution) had copied passages from private sources that are subject to the copyright laws. In either event, courts have labeled lawyers’ plagiarism “reprehensible,” “intolerable,” “completely unacceptable,” and “unprofessional.”
Volume 35, Issue 2 (Fall 2011)
Volume 35, Issue 1 (Spring 2011)
Helping Lawyers Help Clients, John M. Lande
Helping Lawyers Help Clients, John M. Lande
Faculty Publications
Counseling clients about dispute resolution options is easier said than done. This article suggests a strategy to help lawyers counsel clients in choosing dispute resolution options. Perhaps the most promising approach involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.
A Discourse On The Aba's Criminal Justice Standards: Prosecution And Defense Functions: The Physical Evidence Dilemma: Does Aba Standard 4-4.6 Offer Appropriate Guidance?, Rodney J. Uphoff
Faculty Publications
Since 1966, when criminal defense lawyer Richard Ryder was disciplined for retaining physical evidence that connected his client to a bank robbery, lawyers and courts have struggled with the ethical dilemma of how defense lawyers should deal with physical evidence that potentially incriminates one of their clients. When a lawyer takes possession of an evidentiary item, must she always turn it over to the authorities, as required by most courts that have addressed this dilemma? Or, can defense counsel return the evidence to the source from whom counsel received it as recommended by Standard 4-4.6 of the ABA Criminal Justice …
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Faculty Publications
Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …
Volume 34, Issue 2 (Fall 2010)
Volume 34, Issue 1 (Spring 2010)
Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten
Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten
Faculty Publications
Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. This Article provides a systematic analysis of these possible risks as identified in books written by CL experts, CL practice group websites, social science research, and bar association ethics opinions. In CL, the lawyers and clients sign a "participation agreement" promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the "disqualification agreement" signed by parties (and sometimes by attorneys) which provides that both CL lawyers would be disqualified from representing …