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Full-Text Articles in Legal Profession

Athens Access To Justice Initiative: Judicial Leadership + Bar Support + Local Resources = Powerful Synergy, Eleanor Lanier Jan 2018

Athens Access To Justice Initiative: Judicial Leadership + Bar Support + Local Resources = Powerful Synergy, Eleanor Lanier

Scholarly Works

No abstract provided.


The Law Firm Operations Team: Collaborative Agent Of Change In A Changing Profession, James Keuning, Ann Rainhart Jan 2018

The Law Firm Operations Team: Collaborative Agent Of Change In A Changing Profession, James Keuning, Ann Rainhart

Mitchell Hamline Law Review

No abstract provided.


Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon Oct 2017

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal ...


The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle Apr 2017

The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle

Michigan Business & Entrepreneurial Law Review

The legal services market is changing. This change has been driven by various factors through the years: expansion of in-house legal departments, globalization (through mergers and outsourcing), technological advances, and the rise of alternative legal service providers. This paper explores these factors in isolation—i.e., discussing each factor separately and distinctly from other factors. Then, this paper seeks to understand these factors together, as products of a legal services market that is evolving from the growth stage into the mature stage.

Part I summarizes the early history of law firms, including the rise of the Cravath System through the ...


Addressing Cultural Bias In The Legal Profession, Debra Chopp Jan 2017

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted ...


Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook Jan 2017

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Washington University Journal of Law & Policy

This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects ...


The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera Dec 2016

The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera

St. Mary's Journal on Legal Malpractice & Ethics

This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own ...


European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon Nov 2016

European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.


Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa Oct 2016

Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa

Faculty Scholarship

This Article uses the ethicist Peter Singer's principles to examine and critique the legal profession's pro bono efforts in the face of the persistent gap between the public's legal needs and their ability to meet them. Singer argues that adults should jump into a pond to save a drowning child. Using the drowning child as an analogy, this Article argues that lawyers are morally obligated to (1)increase the amount of their pro bono efforts, (2) be more selective in the cases they take, and (3) be significantly more generous in their financial support for legal services ...


The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia Jul 2016

The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia

Impact Center for Public Interest Law

No abstract provided.


Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey Jul 2016

Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey

Impact Center for Public Interest Law

No abstract provided.


The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell Jul 2016

The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell

Impact Center for Public Interest Law

No abstract provided.


Moving Women Out Of Poverty: A Call To Action For Legal Aid, Catherine Carr Jul 2016

Moving Women Out Of Poverty: A Call To Action For Legal Aid, Catherine Carr

Impact Center for Public Interest Law

No abstract provided.


Transnational Legal Practice 2015, Laurel S. Terry Dec 2015

Transnational Legal Practice 2015, Laurel S. Terry

Laurel S. Terry

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP).   This year’s article builds on the work set forth in the 2014 Year-in-Review. 
 
The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.”  One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in ...


The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry Dec 2015

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Laurel S. Terry

This Article focuses on those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to adjust the focus of the regulator for which they work in a way that will increase client and public protection. The Article further argues that it is appropriate for lawyers in these positions to exercise this power and that they should do so. The Article concludes by offering two concrete recommendations.
 
The first recommendation is that those who are in charge should, upon reflection, adopt a mindset in which they recognize that ...


Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft Oct 2015

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Laurel S. Terry

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice ...


Transnational Legal Practice Developments, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo Oct 2015

Transnational Legal Practice Developments, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo

Laurel S. Terry

No abstract provided.


Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft Oct 2015

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft

Laurel S. Terry

No abstract provided.


Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft Oct 2015

Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft

Laurel S. Terry

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice ...


Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio Sep 2015

Trending @ Rwulaw: Veronica Paricio's Post: What We Did Last Summer..., Veronica Paricio

Law School Blogs

No abstract provided.


A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell Aug 2015

A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell

Ray W Campbell

The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.

These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At the ...


The End Of Law Schools, Ray W. Campbell Mar 2015

The End Of Law Schools, Ray W. Campbell

Ray W Campbell

What would legal education look like if it were designed from the ground up for a world in which legal services have undergone profound and irreversible change? Law schools as we know them are doomed. They continue to offer an educational model originally designed to prepare lawyers to practice in common law courts of a bygone era. That model fails to prepare lawyers for today’s highly specialized practices, and it fails to provide targeted training for the emerging legal services fields other than traditional lawyering.

This article proposes a new ideology of legal education to meet the needs of ...


The End Of Law Schools, Ray Worthy Campbell Feb 2015

The End Of Law Schools, Ray Worthy Campbell

Ray W Campbell

Law schools as we know them are doomed. They continue to offer an educational model originally designed to prepare lawyers to practice in common law courts of a bygone era. That model fails to prepare lawyers for today’s highly specialized practices, and it fails to provide targeted training for the emerging legal services fields other than traditional lawyering.

This article proposes a new ideology of legal education to meet the needs of modern society. Unlike other reform proposals, it looks not to tweaking the training of traditional lawyers, but to rethinking legal education in light of a changing legal ...


No Lawyer For A Hundred Miles?: Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon Jan 2015

No Lawyer For A Hundred Miles?: Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon

Osgoode Hall Law Journal

Recent concerns about the geography of access to justice in Canada have focused on the dwindling number of lawyers in rural and remote areas, raising anxieties about the profession’s inability to meet current and future demands for localized legal services. These concerns have motivated a range of policy responses that aim to improve the education, training, recruitment and retention of practitioners in underserved areas. We surveyed lawyers across Ontario to better understand their physical proximity to clients and how, if at all, that proximity promotes access to justice. We find that lawyers’ scope of practice varies based on a ...


Globalization And Regulation, Laurel S. Terry Dec 2014

Globalization And Regulation, Laurel S. Terry

Laurel S. Terry

This chapter is part of a 20-chapter book that features essays by subject-matter experts and advances and sharpens the dialogue within the bar about accelerating disruption of the legal services marketplace. It identifies forces that are creating pressure for regulatory change across the United States, summarizes regulatory reforms that have taken place elsewhere in the world, and highlights issues that U.S. lawyer regulators must confront soon in response to a rapidly evolving legal industry. It concludes by offering predictions about the future course of lawyer regulation in the United States. While it is impossible to know exactly which regulatory ...


Lawyers, Regulation Of, Laurel S. Terry Dec 2014

Lawyers, Regulation Of, Laurel S. Terry

Laurel S. Terry

This article was written for the second edition of the International Encyclopedia of the Social & Behavioral Sciences. It begins with a “Definitions” section that notes several reasons why it can be difficult to discuss the topic of the “regulation of lawyers.” First, there is no agreed-upon definition of the term “lawyer.” In jurisdictions that have a unified legal profession, the meaning of the term may be clear, but in jurisdictions that do not have a unified legal profession (e.g. solicitors and barristers in England or jurisdictions that do not permit in-house counsel to be licensed “lawyers”), one must specify exactly who it is that the term “lawyer” refers to. The “Definitions” section also notes that misunderstandings can occur if one does not realize that there are significant differences among countries with respect to the activities “reserved” to lawyers (called “unauthorized practice of law” or the “lawyer’s monopoly” in some jurisdictions). This issue of reserved activities is necessarily intertwined with the topic of “regulation of lawyers.” The “Definitions” section continues by noting significant differences around the world with respect to the sources and types of lawyer regulation. Thus when one is preparing to research “regulation of lawyers” in another country, one must be prepared to look at regulatory sources that may differ from the sources used in one’s home country. The “Definitions” section also observes that when speaking of “regulation of lawyers,” one must specify the time period of regulation to which one refers and whether one intends to refer to all three stages of lawyer regulation, including the beginning or entry stage (admission), the middle stage of conduct regulation, and the end stage of lawyer discipline. The “Definitions” section concludes by noting the fact that recently, some jurisdictions view themselves as regulating the broader category of “legal services” rather than “lawyers” and thus, for certain jurisdictions, the title of this encyclopedia entry may be incomplete. Following this preliminary discussion, this article discusses the current state of knowledge about lawyer regulation. At the time this article was written, there was no centralized source that identified lawyer regulators in different jurisdictions or the content of that regulation. Thus, this article identified resources that can be useful when researching lawyer regulation. An important source that was published after submission of this article is the IBA’s Global Regulation and Trade in Legal Services Report, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2530064. The article continues with sections on: Sources and Methods of Lawyer Regulation; Changes in Focus and Emphasis over Time; Current and Emerging Directions in Theory and Research; Methodological Problems; and Links to Databases. It concludes with an extensive bibliography. Note: Because of copyright restrictions, I may not post either the final draft or the pre-editorial submission onto Bepress. I am permitted to send the final copy to colleagues I know so if you are interested, please contact me. The final copy is also available at this link for those who have an Elsevier account (which many universities ...


Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele Dec 2014

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

Fred Rooney

A legal conversion between Justin Steele, Executive Articles Editor of the UMass Law Review and Fred Rooney, Director of the International Justice Center for Post-Graduate Development at Touro Law Center.


Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry Nov 2014

Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry

Laurel S. Terry

n 2014, the Conference of Chief Justices adopted Resolution 11: In Support of the Framework Created by the State Bar of Georgia and the Georgia Supreme Court to Address Issues Arising from Legal Market Globalization and Cross-Border Legal Practice. This Framework is often referred to as the “State Toolkit.” 

This article explains what the State Toolkit is, why it exists, and how each state can use the Toolkit to address issues related to foreign lawyers inbound to their jurisdiction. This section of the article includes statistics that show the degree to which globalization affects all U.S. states and the ...


Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele Apr 2014

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

University of Massachusetts Law Review

A legal conversion between Justin Steele, Executive Articles Editor of the UMass Law Review and Fred Rooney, Director of the International Justice Center for Post-Graduate Development at Touro Law Center.


Measuring The Justice Gap: Flaws In The Interstate Allocation Of Civil Legal Services Funding And A Proposed Remedy, Dion Chu, Matthew R. Greenfield, Peter Zuckerman Mar 2014

Measuring The Justice Gap: Flaws In The Interstate Allocation Of Civil Legal Services Funding And A Proposed Remedy, Dion Chu, Matthew R. Greenfield, Peter Zuckerman

Pace Law Review

With the supply of legal services not particularly responsive to demand, we conclude that the justice gap could be narrowed simply by reforming the way in which policymakers distribute legal services funds while holding constant the total amount of funds distributed.

In reaching this conclusion, we proceed in two parts. First, drawing largely from Access Across America and LSC data, we analyze the supply of legal services funding across states. Since eligibility for Legal Services Corporation (LSC) funds is principally determined by income (only individuals in households with income at or below 125% of the federal poverty level are LSC ...