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Full-Text Articles in Legal Profession

Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal Jul 2015

Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the claim of ...


The American Law School And Nine Elements Of “Thinking Like A Lawyer”, David Barnhizer Dec 2014

The American Law School And Nine Elements Of “Thinking Like A Lawyer”, David Barnhizer

David Barnhizer

The idea of “thinking like a lawyer” represents a form that combines strategic analysis, assessment and action. At this point my analysis takes an unusual step and seeks to enhance our understanding through use of a seemingly “exotic” framework. In A Book of Five Rings, Miyamoto Musashi describes nine points a strategist must master. I have long thought these points represent the true meaning and composition of what it means when we say “thinking like a lawyer” and am offering them here as a focusing device. Musashi’s nine elements are: 1). Do not think dishonestly; 2). Become acquainted with ...


Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff Dec 2014

Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff

Susan Daicoff

Professional identity formation as a learning objective in law school may appear to be nontraditional and perhaps even innovative. While perhaps not a new concept, it is not typically an explicit goal of legal education. Empirical data finds that law school has demonstrable effects upon law students’ professional development; it also finds that certain nontraditional skills and competencies (or “soft skills”) make lawyers most effective. This article argues for explicit planning for and inclusion of professional identity development, including training in these nontraditional skills, in legal education. Professional identity encompasses one’s values, preferences, passions, intrinsic satisfactions, emotional intelligence, as ...


Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page Feb 2014

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend ...


The Practice And Theory Of Lawyer Disqualification, Keith Swisher Dec 2013

The Practice And Theory Of Lawyer Disqualification, Keith Swisher

Keith Swisher

Lawyer disqualification is commonly feared — as a “strategic,” “tactical,” and “harassing” “potent weapon” depriving clients of their trusted counsel of choice. Although disqualification comes with costs, fundamental misunderstandings fuel this common fear. This Article finds that disqualification is a uniquely effective remedy for lawyer misconduct and makes the following contributions to the law and practice of lawyer disqualification: (1) an exhaustive study surveying disqualification cases and refuting the common misconception that disqualification motions are uncontrollably on the rise and uncontrollably bad; (2) an accessible analysis of lawyer disqualification doctrine that permits lawyers and judges to begin assessing common disqualification questions ...


Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison Dec 2013

Continuing Legal Education A Year In Review: Analysis And Recommendations, Shaun Jamison

Shaun Jamison

Continuing legal education (CLE or MCLE) is one way to help lawyers stay current with substantive law, skills, and prepare for potentially dramatic and fast moving changes to the practice of law. This paper examines one year of continuing legal education approved for credit in Minnesota. While Minnesota attorneys enjoy access to over 10,000 CLE courses in a variety of timely topics, there are opportunities to improve. In order to best address the rapid and dramatic change in the legal field, a more favorable regulation of law office management CLEs is required. More flexible regulation and partnerships between CLE ...


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 ...


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.


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 ...


The Tenuous Case For Conscience, Steven D. Smith Dec 2011

The Tenuous Case For Conscience, Steven D. Smith

Steven D. Smith

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it ...


Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

In his 1994 seminal article on Federalizing Legal Ethics, Prof. Fred Zacharias examined the need for a national and uniform code of ethics for attorneys. Prof. Zacharias was correct that there has been increasing pressure to federalize legal ethics, but that process is occurring not through articulation of national norms but rather through decentralized contextualization of attorney conduct norms. Federal agencies that direct securities practice, immigration, tax, patent, labor and many other areas of federal practice are increasingly supplementing state regulations to specifically regulate the attorneys who appear before their agencies. Targeted substantive federal law and treaty obligations also increasingly ...


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional ...


Cali Ethics For Clinics Tutorials, Alexis Anderson Dec 2009

Cali Ethics For Clinics Tutorials, Alexis Anderson

Alexis Anderson

Web-based tutorials on confidentiality, conflicts and candor (Center for Applied Instruction)


Ethical Issues In Externships: Confidentiality, Alexis Anderson Dec 2006

Ethical Issues In Externships: Confidentiality, Alexis Anderson

Alexis Anderson

No abstract provided.


Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay Dec 2006

Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski Oct 2005

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski Feb 2004

Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton Dec 2002

Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton

Paul R. Tremblay

No abstract provided.


Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer Dec 2002

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

Paul R. Tremblay

No abstract provided.


The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay Aug 2002

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Moral Activism Manqué, Paul R. Tremblay Dec 2001

Moral Activism Manqué, Paul R. Tremblay

Paul R. Tremblay

Symposium: The Ethics of Litigation


Researching Ethical Issues, Paul R. Tremblay Dec 2001

Researching Ethical Issues, Paul R. Tremblay

Paul R. Tremblay

2002 Supplement to vol. 2


Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay Dec 2001

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


The New Casuistry, Paul R. Tremblay Dec 1998

The New Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Coherence And Incoherence In Values-Talk, Paul R. Tremblay Dec 1997

Coherence And Incoherence In Values-Talk, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


(Oxymoron?) Ethical Decision-Making By Attorneys: An Empirical Study, Susan Daicoff Dec 1995

(Oxymoron?) Ethical Decision-Making By Attorneys: An Empirical Study, Susan Daicoff

Susan Daicoff

No abstract provided.


Practiced Moral Activism, Paul R. Tremblay Dec 1994

Practiced Moral Activism, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay Dec 1993

The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay

Paul R. Tremblay

The following essay is a work-in-progress. Professor Tremblay offers his unfinished ideas in this essay in an effort to invite reactions, criticisms, or research suggestions, all of which would aid him in refining his analysis of the subject. By presenting such works-in-progress, the Clinical Law Review seeks to provide a forum for sharing ideas and sparking debate.


Ratting, Paul R. Tremblay Dec 1992

Ratting, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.