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Full-Text Articles in Legal Profession

Solicitation By Defense Counsel: Ethical Pitfalls When Corporate Defense Counsel Offers Representation To Witnesses, Barry R. Temkin, Michael H. Stone Oct 2013

Solicitation By Defense Counsel: Ethical Pitfalls When Corporate Defense Counsel Offers Representation To Witnesses, Barry R. Temkin, Michael H. Stone

Barry R. Temkin

The ban on solicitation by attorneys in ABA Model Rule of Professional Conduct 7.3, and its state counterparts, has generally been used to prevent ambulance chasing by plaintiffs’ attorneys. However, a recent New York decision has raised the possibility that a defense lawyer could be disciplined for solicitation when offering his services to a non-party witness employed by a corporate defendant, even when doing so for no additional fee. The court in Rivera v. Lutheran Medical Center, referred a prominent national law firm to the Departmental Disciplinary Committee and disqualified the firm from representing several current and former employees of …


Legal Ethics Versus Political Practices: The Application Of The Rules Of Professional Conduct To Lawyer-Politicians, Andrew Martin May 2013

Legal Ethics Versus Political Practices: The Application Of The Rules Of Professional Conduct To Lawyer-Politicians, Andrew Martin

Articles, Book Chapters, & Popular Press

Canadian legal ethics has paid little attention to how the rules of professional conduct for lawyers apply to lawyer-politicians – that is, politicians who happen to be lawyers. This article addresses this issue with reference to what Canadian case law and commentary do exist, supplemented by more plentiful American materials. It proposes a distinction between conduct that is politically expedient and conduct in which lawyer-politicians’ duties as lawyers come into apparent conflict with their duties of office. Canadian case law reveals three conflicting approaches to this latter category: that the duties of a lawyer prevail, that the duties of a …


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.


Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno Jan 2013

Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno

James E. Moliterno

No abstract provided.


Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno Jan 2013

Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno

James E. Moliterno

No abstract provided.


Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno Jan 2013

Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno

James E. Moliterno

No abstract provided.


Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno Jan 2013

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

James E. Moliterno

No abstract provided.


Goodness And Humanness: Distinguishing Traits, James E. Moliterno Jan 2013

Goodness And Humanness: Distinguishing Traits, James E. Moliterno

James E. Moliterno

No abstract provided.


Why Formalism?, James E. Moliterno Jan 2013

Why Formalism?, James E. Moliterno

James E. Moliterno

No abstract provided.


Ethical Challenges To Legal Education And Conduct, James E. Moliterno Jan 2013

Ethical Challenges To Legal Education And Conduct, James E. Moliterno

James E. Moliterno

No abstract provided.


Experience And Legal Ethics Teaching, James E. Moliterno Jan 2013

Experience And Legal Ethics Teaching, James E. Moliterno

James E. Moliterno

No abstract provided.


Lawyer Creeds And Moral Seismography, James E. Moliterno Jan 2013

Lawyer Creeds And Moral Seismography, James E. Moliterno

James E. Moliterno

No abstract provided.


An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno Jan 2013

An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno

James E. Moliterno

No abstract provided.


The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno Jan 2013

The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno

James E. Moliterno

The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …


Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson Dec 2012

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson

Jan L Jacobowitz

Fidelity and confidentiality are hallmarks of the attorney-client relationship. However, as social media use permeates the legal profession, new challenges have arisen to the traditional interpretation of client confidentiality. The Virginia Supreme Court’s recent holding, which concludes that to deny attorney Horace Hunter the ability to blog about his clients’ cases without client consent, after the case concludes and based upon what is found in the public record, is to deny Hunter his First Amendment right of free speech has spurned controversy. The Hunter opinion arguably undermines the long standing legal ethics rule of confidentiality and strikes at the heart …


Technology: A Motivation Behind Recent Model Rule Revisions, Louise L. Hill Dec 2012

Technology: A Motivation Behind Recent Model Rule Revisions, Louise L. Hill

Louise L Hill

No abstract provided.


Winning Through Integrity And Professionalism, Gerald Lebovits Dec 2012

Winning Through Integrity And Professionalism, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.