Legal Profession Commons^™

Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel

Buffalo Law Review

No abstract provided.

Bragging Rights Restored: The Third Circuit Allows Attorneys To Quote Complimentary Remarks From Judicial Opinions For Advertising In Dwyer V. Cappell, Nicole Holden

Villanova Law Review

No abstract provided.

Table Of Contents: Annual Survey 2015

University of Richmond Law Review

No abstract provided.

Preface, John J. Hogan

University of Richmond Law Review

No abstract provided.

Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks

BYU Law Review

No abstract provided.

Professional Responsibility And Liability Aspects Of Vereins, The Swiss Army Knife Of Global Law Firm Combinations, Douglas R. Richmond, Matthew K. Corbin

St. John's Law Review

(Excerpt)

Looking ahead, Part II of this Article provides a general overview of the verein model and its governing charter. Part III highlights a variety of ethical considerations for lawyers in verein member firms that are subject to ethics rules based on the Model Rules of Professional Conduct. These include lawyers' obligation to communicate to clients the relationships between the verein and its member firms, the imputation of conflicts of interest between member firms, and fee-splitting among member firms. Part IV discusses previous efforts to hold vereins and their member firms vicariously liable for the misconduct of another member firm. …

Drawing (Gad)Flies: Thoughts On The Uses (Or Uselessness) Of Legal Scholarship, Sherman J. Clark

University of Michigan Journal of Law Reform Caveat

In this essay, I argue that law schools should continue to encourage and support wide-ranging legal scholarship, even if much of it does not seem to be of immediate use to the legal profession. I do not emphasize the relatively obvious point that scholarship is a process through which we study the law so that we can ultimately make useful contributions. Here, rather, I make two more-subtle points. First, legal academics ought to question the priorities of the legal profession, rather than merely take those priorities as given. We ought to serve as Socratic gadflies—challenging rather than merely mirroring regnant …

Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller

The Journal of Appellate Practice and Process

No abstract provided.

A Behavioral Theory Of Legal Ethics, Andrew M. Perlman

Indiana Law Journal

Behavioral insights have informed many areas of law, including the field of professional responsibility. Those insights, however, have had only a modest effect on the foundational theories of legal ethics, even though those theories are, at their core, prescriptions about human behavior. The reality is that lawyers’ conduct cannot be understood, theorized about, or used to produce the best possible regulations without an appreciation for the limits on human rationality and objectivity. A behavioral theory of legal ethics offers a way to incorporate those realties into the foundational debates on a lawyer’s professional role so that scholars can produce more …

Access To Legal Services In Rural Areas Of The Northern Rockies: A Recommendation For Town Legal Centers, Brian L. Lynch

Indiana Law Journal

There are two distinct but related issues that affect legal representation in rural areas of the United States: the problem of attracting and keeping private attorneys,1 and the problem of satisfying the immense need for pro bono representation for low-income residents. Although these issues are interrelated—attracting attorneys to rural areas can help satisfy the need for pro bono representation—each state is handling the problems in distinctive ways.

In Part I, this Note will demonstrate why the Northern Rockies—which consists of the states of Idaho, Montana, and Wyoming—is a distinctive region with enough similarities between states that a single proposal to …

Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks

Dalhousie Law Journal

For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …

An Ethical Dilemma: Attorneys' Duties Not To Reveal Elder Abuse In Washington State, Margaret Sholian

Washington Law Review

Elder abuse is a growing social issue in the United States. As a result of increasing awareness of elder abuse, every state has enacted mandatory or voluntary reporting laws to encourage public oversight of this vulnerable population. While mandatory and voluntary reporting statutes list a wide variety of professionals, such as physicians, social workers, and caretakers, as mandatory reporters, few of these statutes require attorneys to report elder abuse. Arguably, attorneys are in the best position to discover abuse of their elderly clients, as attorneys are advisors, counselors, and protectors of their clients’ affairs. However, in many circumstances, an elderly …

The Call For Lawyers Committed To Social Justice To Champion Accessible Legal Services Through Innovative Legal Education, George Critchlow, Brooks Holland, Olympia Duhart

Nevada Law Journal

No abstract provided.

Fraud And Misrepresentation Claims Against Lawyers, Douglas R. Richmond

Nevada Law Journal

No abstract provided.

Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe

Nevada Law Journal

No abstract provided.

Ethics: Informal Opinion 1151 - Lawyers And The Title "Doctor", Milard King Roper Jr.

Akron Law Review

The legal profession is the only professional group in the United States that has ever prohibited its practicing members with doctorates from using the title "Doctor." Now, with D.R. 2-102(F) of the Code and its interpretation in Informal Opinion 1151, lawyers have been given the opportunity to take advantage of the recognition of their education as being on a par with other doctoral training.

Interviewing And Counseling Clients In A Legal Setting, Mark K. Schoenfield, Barbara Pearlman Schoenfield

Akron Law Review

The purpose of this article is to point out some of the factors that, in the experience of the authors, contribute to the success, or lack of success, of an interview and to help the attorney discover the source of any difficulties which s/he may have so that the impact of factors leading to unsatisfactory encounters with clients may be reduced or eliminated.

Criminal Justice Act Of 1964; State Malpractice Suit Against Appointed Counsel; Ferri V. Ackerman, Sandra J. Branda

Akron Law Review

The United States Supreme Court in Ferri v. Ackerman reversed the Pennsylvania Supreme Court and held that an attorney appointed by a federal judge to represent an indigent defendant in a federal criminal trial is not, as a matter of federal law, entitled to absolute immunity in a state malpractice suit brought against him by his former client. In a unanimous opinion, the Court decided that the function of appointed counsel is more closely analogous to that of private retained counsel, who enjoy no immunity from malpractice prosecution than to that of judges and prosecutors who have traditionally been accorded …

The Legal Profession: A Time For Self-Anaylsis, Ralph M. Nader

Akron Law Review

Law Day is always a good occasion to look over the role of the profession. Traditionally in many gatherings around the country, the profession has used Law Day to praise itself. This is an occupational trait of the legal profession which is not restricted to Bar Association banquets. I was asked to speak to a number of New York lawyers recently at one such event in New York. As I sat awaiting my turn, the lawyers first praised themselves and after they finished, they began praising judges and gave them awards, scrolls, and plaques. Finally I got up and I …

Book Review: To Set The Record Straight By Judge John J. Sirica, Richard L. Aynes

Akron Law Review

One of the recent and more worthy accounts is that presented by Washington D.C. District Court Judge John Sirica in his To Set the Record Straight. Judge Sirica's sixteen chapters generally cover five topics: 1) a prologue outlining his early experiences and how he attained his position of federal district judge; 2) the first Watergate break-in trial; 3) Judge Sirica's attempt to "break" the silence of the cover-up following the initial proceeding; 4) the controversy over the production of the Presidential tapes; and, 5) the ultimate trials of Nixon administration officials for conspiracy to obstruct justice.

Hohfeld's Cube, Mark Andrews

Akron Law Review

The thesis presented here is that the eight jural relations may be effectively graphed as the eight corners of a cube, and this image unifies all eight into a single logical structure. This structure symbolizes real legal relationships and assists an understanding of the way legal relations work. This article, then, is about Hohfeld's Cube.

The validity of the cube will be shown in three stages. First, the eight jural relations will be arranged on the cube in a manner which seems to best characterize the way Hohfeld intended his concepts to be used and which also seems to construct …

Lawgical An Approach To Computer-Aided Legal Analysis, John T. Welch

Akron Law Review

L AWGICAL is a system for computer-based information management designed to aid in legal analysis. The phrase "computer-aided legal analysis" used in the title of this article should not be interpreted here to imply to any degree the takeover of the legal analyst's task. LAWGICAL is intended, rather, as a practical tool of limited scope which enhances, but does not change, existing analysis technique. It is not an application of artificial intelligence. It is an application of computer technology on the same order as legal retrieval services or word processing equipment.

Search: A Computer Program For Legal Problem Solving, Robert Hellawell

Akron Law Review

This article describes a computer program called SEARCH which is designed to assist a lawyer in legal analysis. SEARCH deals with a single subject in corporate taxation, but its approach can be used for a variety of legal problems. SEARCH's subject is the attribution rules of section 318 of the Internal Revenue Code (hereinafter Code). These rules, heartily disliked by many, are seemingly complex and often both difficult and time consuming to apply. Essentially, the attribution rules provide that a taxpayer, in certain cases, will be considered to own corporate shares that he does not actually own. Such shares are …

Developing Standards For The Imposition Of Sanctions Under Rule 11 Of The Federal Rules Of Civil Procedure, Adam H. Bloomenstein

Akron Law Review

This article will argue that the standard for imposing sanctions under Rule 11 should focus on the nature of the conduct alleged to violate the rule. Sanctions under the rule can be triggered by different types of conduct. Certain types of conduct should be scrutinized more closely, requiring the imposition of sanctions more frequently. Factors such as whether a party subject to Rule 11 sanctions is acting pro se or through counsel should also impact on a decision to assess sanctions under Rule 11. Each type of conduct should be evaluated under an independent set of standards. Part I will …

Computer-Aided Law Decisions, Stuart S. Nagel

Akron Law Review

The purpose of this article is to describe how microcomputers can aid in making law decisions, including decisions that relate to the judicial process, law practice, and law management.

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholer Case, Geoffrey C. Hazard Jr.

Akron Law Review

The purpose of this analysis is to explain what Kaye Scholer was about, what are the basic concepts of lawyer liability to third parties, and why the practicing bar should heed a "wake up call."

How Valid Is The Often-Repeated Accusation That There Are Too Many Legal Articles And Too Many Law Reviews?, Howard A. Denemark

Akron Law Review

Law professors working at terminals with an Internet connection to the Web need not worry any more about whether the subject of a piece is too esoteric, too doctrinal, too complicated or even too impolitic for law review editors; we are free to write and publish on the topics of our choice. This freedom might give us a useful antidote to the substantive . . . sameness of the reviews as they now exist. On the Web, we need not endure months of frustrating or embarrassing delay while our papers are judged, peer reviewed, edited or printed in formal journals; …

Remembered Justice: The Background, Early Career And Judicial Appointments Of Justice Potter Stewart, Joel Jacobsen

Akron Law Review

During Potter Stewart’s 23 years on the Supreme Court he served with 17 other justices. All but four of the 17 have been the subject of at least one book-length biography, and the careers or decisions of the remaining four have been closely examined in scholarly monographs. Potter Stewart is the only one in his cohort of justices who has not had a book written about him or his work. If a person runs a search for “Stewart, Potter” in the Library of Congress on-line catalogue, the only hits that person will receive are for two collections of letters deposited …

The Zen Of Grading, Ruthann Robson

Akron Law Review

As law professors, we spend a substantial amount of time engaged in the activity of reviewing exams, papers, and other “evaluative devices” with the purpose of assigning our students grades. Personally, I estimate that I have spent over four thousand hours (almost six months of days and nights, or a year of long summer days) hunched over student work during my teaching career. It can be difficult not to consider student exams as a mere obstacle, a chore of the most unpleasant type to endure, and the worst part of our otherwise usually rewarding work as professors. Grading law school …

In The Wake Of White: How States Are Responding To Republican Party Of Minnesota V. White And How Judicial Elections Are Changing, Rachel Paine Caufield

Akron Law Review

The selection of state court judges in the United States has been the subject of vigorous debate. The controversy continues to build as some scholars contend that only the appointment of judges ensures the independence of the judiciary by insulating the judge from retaliation for unpopular decisions. Yet volumes of evidence unfold each day to reveal a judiciary under attack for making legal albeit unpopular decisions. While the cloak of a lifetime appointment with no effective method of removal does little to instill confidence in the impartiality of the judiciary, an election riddled with partisan rhetoric or one-sided attacks is …