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Articles 61 - 82 of 82
Full-Text Articles in Legal Profession
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Solicitation By And For Attorneys, Richard R. Gygli, Gordon W. Larson
Cleveland State Law Review
The young attorney often may have time on his hands. He may be tempted to increase his following by advertising or by soliciting clients, but rules of the bar and statutes against solicitation prevent this. There are, of course, some forms of advertising open to all lawyers. National directories and law lists, such as the Martin dale-Hubbell Law Directory, theoretically published only for lawyers, not only advertise the attorney and his firm, but also list the names of any clients whom he wishes to give as representative of his practice and his specialties.
Reasonable Fee And Professional Discipline, William C. Romell
Reasonable Fee And Professional Discipline, William C. Romell
Cleveland State Law Review
The question propounded by this article is - what exactly is the "reasonable" fee, and conversely under what conditions may a fee be adjudged so unreasonable that the legal profession may administer justifiable discipline to the attorney charging such a fee?
Group Representation By Attorneys As Misconduct, Richard M. Markus
Group Representation By Attorneys As Misconduct, Richard M. Markus
Cleveland State Law Review
This article is intended to consider the future of group retainers in light of the conflicting views of proponents and opponents. Attention will first be given to the "Canons of Professional Ethics" which affect this subject and the judicial decisions interpreting them. Next, an attempt will be made to evaluate the effect of the Supreme Court Brotherhood case, and other related decisions, upon the Canons. Finally, an effort will be made to anticipate the prospects of group legal service with a view towards implementing or modifying present standards.
Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale
Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale
Cleveland State Law Review
This article will examine the liability of an attorney for an incorrect opinion where the complainant is not the attorney's client. It will also give special consideration to the problem of giving advice on the law of a jurisdiction other than the attorney's own state.
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Depositions And Power Of Notary To Punish For Contempt In Ohio, Richard W. Schwartz
Cleveland State Law Review
The deposition plays an important role in the modern-day practice of law. The enormous backlog of cases in the courts requires preservation of precious testimony during the long wait prior to trial. In addition, the deposition is a valuable tool in evaluating a case, especially during settlement negotiations. Finally, the deposition is a prime means of discovering vital information. The notary public presides at the deposition, and is invested with quasi-judicial powers, including the power to punish for contempt. This paper will briefly survey both the procedural aspects of the deposition and the quasi-judicial power of the notary public.
Disciplinary Proceedings By The S. E. C. Against Attorneys, Paul J. Kemp
Disciplinary Proceedings By The S. E. C. Against Attorneys, Paul J. Kemp
Cleveland State Law Review
The securities and exchange commission, created by Section 4 (a) of the Securities Exchange Act of 1934, has from its earliest days proclaimed its right to determine who may appear before or transact business with it in a representative capacity and in Rule 2 (e) of its present Rules of Practice has reserved to itself the right, in its discretion, to "deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found by the Commission after notice of and opportunity for hearing in the matter (1) not to possess the …
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Abuse Of Attorneys By Judges, Francis G. Homan Jr.
Cleveland State Law Review
Popular notions have it that almost all misconduct in the courtroom is attributable to attorneys. Yet many practitioners before the bar have suffered abuse by members of the judiciary. How frequently this occurs is not known, but sometimes incidents of non-judicial conduct are revealed in other than case reports.
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
Cleveland State Law Review
The Supreme Court of Ohio recently completed revision of its Rules of Practice. They became effective on July 1, 1964. Three subjects coming within the inherent power and within the constitutional and statutory jurisdiction of the Court are contained in the revision; that is, procedures for presenting cases in which the Court has original jurisdiction, cases which come within its appellate and revisory jurisdiction as provided in each case by the Constitution and Statutes of Ohio (Article IV, Sections 2 and 6), and admission to the practice of the law in Ohio and disciplinary procedures for members of the bar …
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Cleveland State Law Review
Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.
Legal Education For Certified Specialization, Philip E. Heckerling
Legal Education For Certified Specialization, Philip E. Heckerling
Cleveland State Law Review
The purpose of this paper is to offer a partial solution to the public's loss of confidence in lawyers, suggesting that by means of post-graduate education conducted under the auspices of the various law schools, professional specialization in the law will be encouraged through certification, with the end result that lawyers and the public will both benefit psychologically and economically.
Commencement Address - 1963, Vernon X. Miller
Commencement Address - 1963, Vernon X. Miller
Cleveland State Law Review
This article consists of extracts from the Commencement Address delivered by Dean Miller at the June 1963 Graduation Ceremonies of Cleveland-Marshall Law School.
Attorney-Client Privilege And Corporations, Richard C. Klein
Attorney-Client Privilege And Corporations, Richard C. Klein
Cleveland State Law Review
On August 3, 1962 a memorandum decision was handed down in an antitrust proceeding which startled practicing attorneys and text writers alike. It held specifically that the "attorney-client privilege" did not apply to the corporate client.' What had been accepted as law for over one hundred and twenty-five years was curtly cast aside by Chief Judge William J. Campbell.
The Lawyers' Function Today, Nathaniel R. Howard
The Lawyers' Function Today, Nathaniel R. Howard
Cleveland State Law Review
This is the substance of the graduation address delivered by the writer at the June 1958 Commencement of Cleveland-Marshall Law School. If today's students of the law had engaged in their same study 600 years ago, the law then taught to them and believed by them would have included some principles, precedents, decrees, and even primary statutes which they have embraced in the year of Our Lord 1958.
Attorney's Liens, Arthur F. Lustig
Attorney's Liens, Arthur F. Lustig
Cleveland State Law Review
In former years, an attorney was paid a fee "not as a salary or hire but as a mere gratuity which a counselor cannot demand without doing wrong to his reputation." These customs are long since past. The English rule that a counselor or barrister has no right to charge for his services and that he cannot enforce compensation no longer prevails in Ohio, for example, and in other states. Today, in most jurisdictions, an attorney's right to payment for services rendered is protected by statute. As of the end of 1955, thirty-one states had some form of an attorney's …
Every Day Is Law Day, Lee E. Skeel
Every Day Is Law Day, Lee E. Skeel
Cleveland State Law Review
President Eisenhower proclaimed May 1st of this year as "Law Day," and the day was formally observed throughout the nation. Gratifying as that was, it is hardly enough, in this or any other era, for self-satisfaction about American appreciation of our heritage of liberty under law. More important than appreciation of this priceless heritage is appreciation of the stern duty that goes along with it. Unless we daily earn this prize, we daily lose some of it. Its real strength is the revitalizing effort we add to it in our daily lives. There soon would be no precious "liberty under …
Matt Excell - Trial Lawyer Extraordinary, Elmer E. Mcnulty
Matt Excell - Trial Lawyer Extraordinary, Elmer E. Mcnulty
Cleveland State Law Review
One day, in the civil assignment room, Matt Excell said to me: "When the Lord made that lawyer (pointing to one) he hand-carved him, and when He was making him (pointing to another) He was called to the telephone." If his own definition were to be applied to Matthew B. Excell, he was a lawyer "hand-carved by God." This story pertains to the period in which I knew, worked and lived with him in court and in the preparation of cases for court.
Book Review, Winifred R. Higgins
Book Review, Winifred R. Higgins
Cleveland State Law Review
Reviewing Samuel J. Weiner and Zellie Miner, Ohio Methods of Practice, West Publishing Company, 1957
What's Wrong With Modern Legal Education, John G. Hervey
What's Wrong With Modern Legal Education, John G. Hervey
Cleveland State Law Review
Some one once observed that the size of a man is measured by the size of the things that he will let bother him. Which is to say, that what concerns the legal profession, and those who aspire to enter it, is the adequacy of the job that is being done. The great majority of the lawyers have had training in the law schools of the country - very few come to the practice today via law office study. The practicing profession is, therefore, but the mirror that reflects the schools in which the lawyers were trained. If the bench …
Reforms Needed In Negligence Practice, Howard L. Oleck
Reforms Needed In Negligence Practice, Howard L. Oleck
Cleveland State Law Review
Negligence lawyers now often are classed with criminal lawyers, in public opinion, as the "black sheep" of the legal profession. In the minds of many average Americans, there is something vaguely disreputable about lawyers who specialize in plaintiffs' personal injury practice. Nor is defense practice deemed to be without blemish. That public opinion now is so well established, rightly or wrongly, that it no longer can be ignored.
Book Review, William K. Gardner
Book Review, William K. Gardner
Cleveland State Law Review
Reviewing William E. Knepper and Grant S. Richards, The Ohio Manual of General Practice, Allen Smith Company, 1956
Practice Of Taxation: Accountants Vs. Attorneys, Orville J. Weaver
Practice Of Taxation: Accountants Vs. Attorneys, Orville J. Weaver
Cleveland State Law Review
What constitutes the illegal or unauthorized practice of law by accountants in their tax practice? The popular conception of the practice of law is the appearance in courts by attorneys. This may be a very small part of the average attorney's law practice. he spends most of his time in determining his clients' legal problems other than in court. So the unauthorized practice of law concerns itself with activities of persons, other than lawyers, who give legal advice to clients in connection with the practice of their professions. Accountants have prepared federal income tax returns, and returns for various state …
The Inns Of Court In London, Charles E. Cook
The Inns Of Court In London, Charles E. Cook
Cleveland State Law Review
It is a generally known fact that most of our American law was adopted from the English Common Law. Therefore, it should be interesting to learn how the English lawyers are educated. The Inns of Court: Lincoln's Inn, Gray's Inn, Inner Temple, and Middle Temple are the four principal Inns which gave rise to the English law schools.