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Professional Ethics

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Full-Text Articles in Legal Profession

Lost In The Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington Aug 2013

Lost In The Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington

Margaret C Tarkington

Publicity by the prosecution and defense in the criminal proceedings against George Zimmerman again raised the question of the appropriate scope of First Amendment protection for attorney pretrial publicity. The Supreme Court, the Model Rules of Professional Conduct, and many scholars have viewed restrictions on attorney pretrial publicity as a compromise between the constitutional guarantees of free speech and a fair trial. Nevertheless, scholars advocate widely divergent levels of free speech protection for attorney pretrial publicity—ranging from core free speech protection to extremely limited protection. Traditional First Amendment doctrines fail to elucidate the proper scope of free speech rights for …


Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan Aug 2013

Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan

Nantiya Ruan

Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …


Will Law Firms Go Public?, Roberta S. Karmel Apr 2013

Will Law Firms Go Public?, Roberta S. Karmel

Roberta S. Karmel

Law in the United States is a big business and big law firms are a global business. Currently, under rules of the American Bar Association (ABA) and most states law, firms are not allowed either to include non-lawyers as partners or accept equity investments from non-lawyers. This Article will argue that (even if law firms retain the form of partnerships) they eventually will accept investments from third parties, and possibly even go public, but this development could lead to a loss of professionalism, as it has with other industries, and could also lead to the end of self-regulation. Among the …


Cause Judging, Justin Hansford Mar 2013

Cause Judging, Justin Hansford

Justin Hansford

Building on the framework of “cause lawyering” scholarship, this Article explores the fact that, in a similar tradition as a “cause lawyering” law practice animated by dedication to a cause, “cause judging” exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on the possibility that politically appointed judges can ever truly attain the “appearance of impartiality” demanded by judicial recusal standards. Instead, judicial ethics norms should embrace the fact that judges have moral and political ideals that inform their rulings when they exercise judicial discretion, and that …


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 market, how …


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.


The Short History Of Arizona Legal Ethics, Keith Swisher Jan 2013

The Short History Of Arizona Legal Ethics, Keith Swisher

Keith Swisher

This Essay provides a history of Arizona legal ethics: its substance and procedure. A hundred years ago, legal ethics barely existed in Arizona. Fortunately, a century permits significant progress, as captured in this work. Following the lead of the ABA (among others), Arizona slowly but surely adopted a modernized system of ethical regulation. And today, Arizona shows increasing signs of autonomy in legal ethics. These signs can be seen in Arizona’s independent approach to lawyer screening, prosecutorial ethics, and inadvertent disclosure — to focus on just a few of many examples in this “short history.” In Part I of this …


"Practice Ready" Law Graduates, David Barnhizer Jan 2013

"Practice Ready" Law Graduates, David Barnhizer

David Barnhizer

Whatever view one holds on the idea of “practice ready” law graduates in the abstract it seems clear that it does not and could not mean that a new graduate can be fully capable of providing high quality services across the board to clients unfortunate enough to be using the services of the neophyte lawyer. If that were the case I can hear a client’s conversation with the brand new lawyer in a complex corporate merger with numerous parties, millions of dollars at stake, estate and tax issues, patent rights and differing valuations for the deal. “How many of these …


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 …


Judicial Externship Evalution Online Version, Taras Zenyuk Mar 2012

Judicial Externship Evalution Online Version, Taras Zenyuk

Taras Zenyuk

You who are on the road must have a code that you can live by and so become yourself because the past is just a good bye. Teach your children well their father's hell did slowly go by and feed them on your dreams the one they picked the one you'll know by...


University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal Jan 2012

University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal

Zena Denise Crenshaw-Logal

On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …


Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher Jan 2012

Prosecutorial Conflicts Of Interest In Post-Conviction Practice, Keith Swisher

Keith Swisher

Prosecutors, our ministers of justice, do not play by the same conflict of interest rules. All other attorneys should not, and cannot, attack their prior work in transactional or litigation matters; nor should other attorneys unquestionably represent clients in matters in which the attorneys themselves face disciplinary, civil, or criminal liability. When prosecutors have likely convicted an innocent person, however, prosecutors are asked to review their own prior work objectively and then to undo it. But they understandably suffer from a conflict between their duty to justice and their duty to themselves — their duty to seek the release of …


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 …


Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart Jan 2011

Defending Against The Defenders Why I Can Be A Good Prosecutor And A Good Person, Sarah Montana Hart

Sarah Montana Hart

This article discusses the choice to become a prosecutor, specifically in light of the critics of the profession from writers like Paul Butler and Abbe Smith.


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.