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

Legal Profession Commons

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

West Virginia University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 136

Full-Text Articles in Legal Profession

Admissions To The Bar Jan 2022

Admissions To The Bar

West Virginia Law Review

No abstract provided.


The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker Jan 2021

The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …


The Rise Of The Creative Law School, Gregory W. Bowman Jan 2019

The Rise Of The Creative Law School, Gregory W. Bowman

Faculty & Staff Scholarship

No abstract provided.


The Wvu Law Advocate, Vol. 3, Wvu Student Bar Association Dec 2018

The Wvu Law Advocate, Vol. 3, Wvu Student Bar Association

The WVU Law Advocate

No abstract provided.


The Wvu Law Advocate, Vol. 2, Wvu Student Bar Association Nov 2018

The Wvu Law Advocate, Vol. 2, Wvu Student Bar Association

The WVU Law Advocate

No abstract provided.


Milking The Estate, David R. Hague Sep 2018

Milking The Estate, David R. Hague

West Virginia Law Review

No abstract provided.


The Wvu Law Advocate, Wvu Student Bar Association Sep 2018

The Wvu Law Advocate, Wvu Student Bar Association

The WVU Law Advocate

No abstract provided.


The History Of The West Virginia Code, Robert W. Kerns Jr. Sep 2017

The History Of The West Virginia Code, Robert W. Kerns Jr.

West Virginia Law Review

No abstract provided.


The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne Oct 2016

The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne

Law Faculty Scholarship

This paper reviews the current status of the concept of the legal research plan. It summarizes the basic elements of the legal research plan, reviews the current literature and recommends a design of a plan for use in first year legal research programs and by novice researchers. Also, it considers the use of the research log in the research process.


Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa Sep 2016

Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa

West Virginia Law Review

This Article uses the ethicist Peter Singer's principles to examine and critique the legal profession's pro bono efforts in the face of the persistent gap between the public's legal needs and their ability to meet them. Singer argues that adults should jump into a pond to save a drowning child. Using the drowning child as an analogy, this Article argues that lawyers are morally obligated to (1) increase the amount of their pro bono efforts, (2) be more selective in the cases they take, and (3) be significantly more generous in their financial support for legal services providers. These obligations …


From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush Apr 2013

From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush

West Virginia Law Review

No abstract provided.


Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran Dec 2012

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.


Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee Jan 2008

Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee

West Virginia Law Review

No abstract provided.


The Ethical Mine Field: Corporate Internal Investigations And Individual Assertions Of The Attorney-Client Privilege, Lawton P. Cummings Apr 2007

The Ethical Mine Field: Corporate Internal Investigations And Individual Assertions Of The Attorney-Client Privilege, Lawton P. Cummings

West Virginia Law Review

No abstract provided.


Institutional Professionalism For Lawyers: Realizing The Virtues Of Civic Professionalism, Steven K. Berenson Sep 2006

Institutional Professionalism For Lawyers: Realizing The Virtues Of Civic Professionalism, Steven K. Berenson

West Virginia Law Review

No abstract provided.


Private Practice, Public Profession: Convictions, Commitments, And The Availability Of Counsel, Barry Sullivan Sep 2005

Private Practice, Public Profession: Convictions, Commitments, And The Availability Of Counsel, Barry Sullivan

West Virginia Law Review

I would like to start by stating a proposition that may strike you as either simple-minded or self-evident, but, more likely, will simply seem strange because of the way in which I state it. My proposition is this: In a democratic society, the legal profession, its rights and privileges, exist to serve public purposes. The legal profession serves two principal public purposes: to provide representation to those who lack the specialized training to represent themselves, that is, non-lawyers, and to promote justice in society. One might object that representing clients is not a public purpose, but that, I would suggest, …


Diversity: Denied, Deferred Or Preferred, Carl G. Cooper Apr 2005

Diversity: Denied, Deferred Or Preferred, Carl G. Cooper

West Virginia Law Review

No abstract provided.


Who Is The Corporation's Lawyer, Ethan S. Burger Apr 2005

Who Is The Corporation's Lawyer, Ethan S. Burger

West Virginia Law Review

No abstract provided.


Sarbanes-Oxley Act, Section 307 - The Price Of Accountability: How Will Section 307 Affect The Role Of The Corporate Attorney, Sara B. Smith Apr 2005

Sarbanes-Oxley Act, Section 307 - The Price Of Accountability: How Will Section 307 Affect The Role Of The Corporate Attorney, Sara B. Smith

West Virginia Law Review

No abstract provided.


Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt Jan 2005

Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt

West Virginia Law Review

No abstract provided.


Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers Sep 2004

Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers

West Virginia Law Review

No abstract provided.


Reading/Teaching Lawyer Films, James R. Elkins Jul 2004

Reading/Teaching Lawyer Films, James R. Elkins

Law Faculty Scholarship

No abstract provided.


Cooperation And Self-Interest Are Strange Bedfellows: Limited Waiver Of The Attorney-Client Privilege Through Production Of Privileged Documents In A Government Investigation, Ashok M. Pinto Jan 2004

Cooperation And Self-Interest Are Strange Bedfellows: Limited Waiver Of The Attorney-Client Privilege Through Production Of Privileged Documents In A Government Investigation, Ashok M. Pinto

West Virginia Law Review

No abstract provided.


Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh Oct 2003

Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh

Law Faculty Scholarship

Bellow's and Moulton's The Lawyering Process emphasized the need for law students and lawyers to draw on other disciplines for effective skills development, to make self-analysis of their professional skills and principles a career-long practice, and to remain ever vigilant of emerging ethical issues. This article attempts to honor those lessons by applying them to lawyers' use of computer mediated communication (CMC) in interacting with clients and in negotiating for clients. The article examines the social science research on CMC, applies that research to the lawyer's context, and makes some tentative assessments about the skills involved in lawyers' use of …


Shared Responsibility: The Duty To Legal Externs, Kathleen Connolly Butler Sep 2003

Shared Responsibility: The Duty To Legal Externs, Kathleen Connolly Butler

West Virginia Law Review

No abstract provided.


What's A Mediator To Do - Adopting Ethical Guidelines For West Virginia Mediators, Madeleine H. Johnson Sep 2003

What's A Mediator To Do - Adopting Ethical Guidelines For West Virginia Mediators, Madeleine H. Johnson

West Virginia Law Review

No abstract provided.


Subordinate Lawyers And Insubordinate Duties, Douglas R. Richmond Jan 2003

Subordinate Lawyers And Insubordinate Duties, Douglas R. Richmond

West Virginia Law Review

No abstract provided.


The Clintons' Legal Defense Fund: Income From Payment Of Legal Expenses By Another And Deductibility Of Such Expenses, John R. Dorocak Sep 2001

The Clintons' Legal Defense Fund: Income From Payment Of Legal Expenses By Another And Deductibility Of Such Expenses, John R. Dorocak

West Virginia Law Review

No abstract provided.


A Law Culture Diagnostic, James R. Elkins Jan 2001

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.


The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn Sep 1999

The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn

West Virginia Law Review

No abstract provided.