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Full-Text Articles in Legal Profession

Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, R. Michael Cassidy Dec 2013

Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, R. Michael Cassidy Dec 2013

Report Of The Standing Advisory Commmitee On The Rules Of Professional Conduct, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer Nov 2013

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer

Thomas L. Shaffer

No abstract provided.


Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer Nov 2013

Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer

Thomas L. Shaffer

Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal ...


Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer Nov 2013

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Serving The Guilty, Thomas L. Shaffer Nov 2013

Serving The Guilty, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer Nov 2013

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Growing Up Good In Maycomb, Thomas L. Shaffer Nov 2013

Growing Up Good In Maycomb, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Preface, Thomas L. Shaffer Nov 2013

Preface, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer Nov 2013

On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Slippered Feet Aboard The African Queen, Thomas L. Shaffer Nov 2013

Slippered Feet Aboard The African Queen, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Jews, Christians, Lawyers, And Money, Thomas L. Shaffer Nov 2013

Jews, Christians, Lawyers, And Money, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer Nov 2013

Inaugural Howard Lichtenstein Lecture In Legal Ethics: Lawyer Professionalism As A Moral Argument, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer Nov 2013

The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer

Thomas L. Shaffer

Lawyers practicing poverty law often lack mentors and role models. This author discusses how biblical figures, who served poor people, could be mentors and role models for lawyers practicing poverty law. Prophets, and particularly prophets-as-lawyers, redefine power relationships. Shaffer discusses his personal journey through out his career in using religious guidance to help him better understand his career. He also discuss his teachings to his law students of the value of learning from prophets in their legal careers.


Lawyers And Liberations, Robert E. Rodes Nov 2013

Lawyers And Liberations, Robert E. Rodes

Robert Rodes

No abstract provided.


Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes Nov 2013

Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes

Robert Rodes

The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the ...


On Lawyers And Moral Discernment, Robert E. Rodes Nov 2013

On Lawyers And Moral Discernment, Robert E. Rodes

Robert Rodes

Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.


A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno Oct 2013

A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno

James E. Moliterno

None available.


The Role Of Ethics Audits In Fortifying The Ethical Infrastructure Of Law Firms, Susan Fortney Sep 2013

The Role Of Ethics Audits In Fortifying The Ethical Infrastructure Of Law Firms, Susan Fortney

Susan S. Fortney

No abstract provided.


The Revolution Will Not Be Codified, Melissa Mortazavi Aug 2013

The Revolution Will Not Be Codified, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.


Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine Aug 2013

Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Samuel J. Levine

No abstract provided.


Coding And Decoding Legal Ethics, Melissa Mortazavi Jul 2013

Coding And Decoding Legal Ethics, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.


In Defense Of The Business Of Law, Judith Mcmorrow May 2013

In Defense Of The Business Of Law, Judith Mcmorrow

Judith A. McMorrow

This article focuses on three current professionalism challenges in the U.S. legal profession: (i) the problem of neglect, poor client communication, and poor management of client funds; (ii) the need to improve the ethical infrastructures in practice settings to enhance both routine practice and ethical decision-making when lawyers confront ethical challenges; and (iii) the challenge of providing legal services to the poor and working class. For each, it turns out that improving adherence to core values requires not just training lawyers to internalize a model of professionalism, and a continuing commitment to self-regulation in some form, but also implementing ...


"Unnatural Deaths," Criminal Sanctions, And Medical Quality Improvement In Japan, Robert B. Leflar Apr 2013

"Unnatural Deaths," Criminal Sanctions, And Medical Quality Improvement In Japan, Robert B. Leflar

Robert B Leflar

A worldwide awakening to the high incidence of preventable harm resulting from medical care, combined with pressure on hospitals and physicians from liability litigation, has turned international attention to the need for better structures to resolve medical disputes in a way that promotes medical safety and honesty toward patients. The civil justice system in the United States, in particular, is criticized as inefficient, arbitrary, and sometimes punitive. It is charged with undermining sound medical care by encouraging wasteful expenditures through defensive medicine; by driving information about medical mistakes underground where it escapes analysis, undercutting quality improvement efforts; and by forcing ...


Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer Mar 2013

Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer

David Barnhizer

The increasing belief among many lawyers that life is comprised of "fear and greed and money" has altered the legal profession and helped make lawyers into one of the most feared and powerful groups in American society - and one of the most scorned. In the midst of the widespread contempt American society is showing lawyers, this article seeks to explain the special role the legal profession serves in our complex democracy. At the same time it condemns attitudes such as those reflected in Fritts' statement. The belief that life is driven by fear, greed, and money has created a process ...


Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs’ Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss Mar 2013

Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs’ Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss

Scott A Moss

For a major field, employment discrimination suffers surprisingly low-quality plaintiff’s lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs’ briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for won/loss rate, bad plaintiffs’ briefs far more often yield decisions crediting debatable defenses. These findings are puzzling; in a major legal service ...


Report To The Connecticut Judicial Branch Access To Justice Commission, Melanie B. Abbott, Leslie C. Levin, Stephen Wizner Feb 2013

Report To The Connecticut Judicial Branch Access To Justice Commission, Melanie B. Abbott, Leslie C. Levin, Stephen Wizner

Leslie C. Levin

No abstract provided.


The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick Feb 2013

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

howard lesnick

No abstract provided.


Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy Jan 2013

Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno Jan 2013

Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno

James E. Moliterno

No abstract provided.