Legal Profession Commons^™

Note On The Measurement Of Governmental Continuity With Its Implications For The Legal Profession, Curtis A. Amlund

Dalhousie Law Journal

Because legal practice requires attorneys to apply themselves to the specifics of individual cases, it may be useful to generalize to an idea framework whose object is to measure the level of continuity existing in the legal system within which lawyers function. The relevance is that owing to the nature of the practitioner's work it is necessary that within the governing structure of a country there be present a reasonable level of governmental continuity. The latter is germane to the practice of law, for attorneys can work with adversarial proceedings and cases at suit only if there is certainty about …

Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker

University of Arkansas at Little Rock Law Review

No abstract provided.

Limited Liability For Limited Partners: An Argument For The Abolition Of The Control Rule, Joseph J. Basile, Jr.

Vanderbilt Law Review

One of the important features of the limited partnership' that makes investment in this form of business organization attractive is the general immunity afforded to limited partners from liability for the obligations of the partnership. This immunity, however,can be forfeited. Under both the Uniform Limited Partnership Act (ULPA) and the Revised Uniform Limited Partnership Act (RULPA), a limited partner becomes liable for the obligations of the partnership if, in addition to the exercise of the rights and powers of a limited partner, the limited partner "takes part in the control of the business.''

Not surprisingly, when sophisticated investors are offered …

Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz

Washington Law Review

In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …

Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz

Washington Law Review

In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …

Practice Of Law: Real Estate Brokers Authorized To Complete Transaction Forms—Cultum V. Heritage House Realtors, Inc., 103 Wn. 2d 623, 694 P.2d 630 (1985), Mark Reeve

Washington Law Review

In Cultum v. Heritage House Realtors, Inc., the Washington Supreme Court carved out a limited exception to the statutory prohibition against the unauthorized practice of law. This new exception represents a proper balancing of the interests of real estate brokers, lawyers and the public. However, flaws in the majority's reasoning may lead to confusion in the future application of the ruling unless greater attention is paid to the underlying rationale of the decision and the arguments made by the concurrence.

The Role And Functions Of Legal Professions: A Comparative Study, W. J. Wagner

University of Miami Inter-American Law Review

No abstract provided.

Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens

University of Michigan Journal of Law Reform

This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.

Spring 1985

Transcript

No abstract provided.

Implementing The Incentive Purpose Of The Private Attorney General Exception—Miotke V. City Of Spokane, 101 Wn. 2d 307, 678 P.2d 803 (1984), Jim Oesterle

Washington Law Review

This Note proposes both selective criteria and a procedure designed to implement the unique purpose of the private attorney general exception. The Note first describes the development of the private attorney general exception in both federal and state courts, and then traces the development of equitable exceptions in Washington. The analysis begins by identifying and comparing the purposes of the private attorney general, common fund, and substantial benefit exceptions, and critiques the ability of the Miotke standard to implement the purpose of the private attorney general exception. The analysis then proposes more discriminating criteria and a procedural approach that effectively …

Lawyers And Lawmaking, Frederick Schauer

Michigan Law Review

A Review of Reconstructing American Law by Bruce A. Ackerman

Money And Justice: Who Owns The Courts?, Michigan Law Review

Michigan Law Review

A Review of Money and Justice: Who Owns the Courts? by Lois G. Forer

"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review

Michigan Law Review

A Review of "How Can You Defend Those People?" The Making of a Criminal Lawyer by James S. Kunen

Lawyers In Soviet Work Life, Michigan Law Review

Michigan Law Review

A Review of Lawyers in Soviet Work Life by Louise I. Shelley

The Servants, Stephan Landsman

Michigan Law Review

A Review of Barristers' Clerks, the Law's Middlemen by John Flood

Attorney-Client Privilege: Issue-Related Waivers, Elizabeth G. Thornburg

Journal of Air Law and Commerce

No abstract provided.

Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

Can irony play a role in the construction of statutes? In the following articles, legal scholars Richard Lempert and Peter Westen debate the point, taking, as their context, the Supreme Court decision in United Steelworkers v. Weber, a 1979 affirmative action case that brings to the fore the moral dilemmas posed by such programs.

Professor Lempert's initial article originally appeared in Ethics 95 (October 1984), published by the University of Chicago Press. Professor Westen's response, and Lempert's rejoinder to it, were written especially for Law Quadrangle Notes.

Richard Lempert is a graduate of Oberlin College and the University of …

Point/Counterpoint: A Debate On Irony And Interpretation, Richard Lempert, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

Can irony play a role in the construction of statutes? In the following articles, legal scholars Richard Lempert and Peter Westen debate the point, taking, as their context, the Supreme Court decision in United Steelworkers v. Weber, a 1979 affirmative action case that brings to the fore the moral dilemmas posed by such programs.

Professor Lempert's initial article originally appeared in Ethics 95 (October 1984), published by the University of Chicago Press. Professor Westen's response, and Lempert's rejoinder to it, were written especially for Law Quadrangle Notes.

Richard Lempert is a graduate of Oberlin College and the University of …

Transitional Legal Practice And Professional Ideology, Bryant G. Garth

Michigan Journal of International Law

This essay assumes that there are three other reasons for studying transnational legal practice. First, such a study provides a way to explore some of the dilemmas that we often overlook about our domestic legal system. In both the domestic and transnational legal settings we are uncomfortable with the idea of law as "merely a business"; troubled by the invasion of "legality" into domains that once had seemed immune from state regulation; wary of the expense of "mega" law and litigation; reticent about a "total justice" which is expected to compensate individual victims of every unpleasant social accident; and nervous …

Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley

Michigan Journal of International Law

This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …

A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman

Michigan Journal of International Law

This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.

A Federal Bar For Foreign Lawyers, Christopher J. Caywood

Michigan Journal of International Law

Part I of this note presents the case for a national bar to regulate foreign lawyers. National regulation would likely enable the United States to conclude reciprocity agreements with foreign nations that would enhance the treatment of U.S. attorneys abroad. It would also benefit the American public by increasing the availability of legal expertise on foreign and international law, and encouraging international trade in services. Part II addresses potential objections to a federal bar regulating foreign lawyers. Part A examines state and local bar associations' concerns regarding the maintenance of adequate levels of legal and ethical competence. It argues that …

Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self

Michigan Journal of International Law

Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …

Fairness In Teaching Advocacy, Charles W. Joiner

University of Michigan Journal of Law Reform

The questions I address are these: Is fairness related to advocacy? Is fairness a concept that law teachers should address in their teaching, in particular in courses involving advocacy? By "courses involving advocacy" I mean courses that teach both law and practice techniques involving the direct protection of the rights of clients, particularly in the courts-for example, civil and criminal procedure and evidence.

Clinical Legal Education: Is Taking Rites Seriously A Fantasy, Folly, Or Failure?, Steven D. Pepe

University of Michigan Journal of Law Reform

This article assesses the primary product of law schools-the practicing lawyer-and reviews the criticisms of the adequacy of the initial training for attorneys that law schools provide. After a brief. review of goals of legal education and goals of clinical teaching methods, the article argues that properly structured clinical programs are not based on flawed premises and that the nation's law schools, particularly the leading schools, should not abandon their clinical experiments without further efforts to help clinical legal education achieve its unfulfilled promises. The premises and assertions of this article are not new. Indeed, they are reiterations of a …

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.

Penn State International Law Review

This Article is the Commencement Address given to the Class of 1985 at Dickinson Law School.

The Nobel Prize For Law, Alfred F. Conard

University of Michigan Journal of Law Reform

There is no Nobel prize for law. This lack is not in itself a cause for concern, since the discipline of law is replete with its own rewards. But some cause for concern inheres in the implication that law provides very few examples of the kinds of contributions to humanity that merit Nobel prizes.

Is Thinking Like A Lawyer Enough?, Sallyanne Payton

University of Michigan Journal of Law Reform

Every year that I attend meetings of the Law School's Committee of Visitors I ask members of the committee how the school might improve the training that we give to our graduates. Every year until this one the lawyers who have responded to this question have given a standard answer: the young lawyers are smart, they say, smarter in many respects than their seniors, but they don't know how to write well. This response usually leads to a discussion of the proper place of skills training in the law school curriculum; lawyers and professors engage in a little jousting over …

The Coming Of Legal Specialization, O. Randolph Rollins

University of Richmond Law Review

A great debate rages across the ranks of the legal profession about the need to regulate claims by lawyers that they are specialists in particular fields of practice. Members of our profession express outrage when another lawyer lists himself under the anti- trust or tax headings in the Yellow Pages complaining that that lawyer calls "them" when he needs anti-trust or tax advice. Lawyers profess astonishment when they see an advertisement by another attorney cataloguing a number of fields in which that attorney practices. They ask how could any person-much less a lawyer who advertises-be a "specialist" in so many …