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Ethics and Professional Responsibility Commons

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Investigating Jurors On Social Media, Caren Myers Morrison 2015 Georgia State University College of Law

Investigating Jurors On Social Media, Caren Myers Morrison

Pace Law Review

This essay proceeds in three parts. First, it examines the current state of jury investigations, and how they differ from those conducted in the past. Then, it describes the evolving legal and ethical positions that are combining to encourage such investigations. Finally, it offers a note of caution–condoning such investigations while keeping them hidden from jurors may be perceived as unfair and exploitative, risking a possible backlash from outraged jurors. Instead, I propose a modest measure to provide notice and explanation to jurors that their online information is likely to be searched, and why.


Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry 2015 Florida A&M University College of Law

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Pace Law Review

This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.

Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and ...


Partnerships Between Aboriginal Organizations And Academics, Clément Chartier 2015 Métis National Council

Partnerships Between Aboriginal Organizations And Academics, Clément Chartier

The International Indigenous Policy Journal

The article addresses the importance of the partnership between university professors and the Métis community. The Métis are a distinct nation and people that emerged in the northwest of what is now Canada and a bit into the United States through a process of ethnogenesis. The Métis Nation expressed its nationhood and defended its territory militarily in 1870 and again in 1885. Subsequently, Canada dealt with the Métis as individuals by implementing a scrip system, which displaced the Métis from their lands. In the 1980s and 1990s, the Métis Nation, along with other Aboriginal peoples, engaged in a constitutional process ...


Lost In Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington 2015 University of Florida Levin College of Law

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

Florida Law Review

No abstract provided.


An Interdisciplinary Analysis Of The Use Of Ethical Intuition In Legal Compliance Decisionmaking For Business Entities, Eric C. Chaffee 2015 University of Maryland Francis King Carey School of Law

An Interdisciplinary Analysis Of The Use Of Ethical Intuition In Legal Compliance Decisionmaking For Business Entities, Eric C. Chaffee

Maryland Law Review

No abstract provided.


Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach 2015 Notre Dame Law School

Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach

Notre Dame Law Review

This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment ...


Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff 2015 University of Pennsylvania Law School

Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff

Faculty Scholarship

Using the best publicly available data on lawyers’ liability claims and insurance – from the largest insurer of large law firms in the U.S., the American Bar Association’s Standing Committee on Professional Liability, and a summary of large claims from a leading insurance broker–this article reports the frequency of lawyers’ liability claims, the distribution and cost of claims by type of practice, the disposition of claims, and lawyers liability insurance premiums from the early 1980s to 2013. Notable findings include remarkable stability over thirty years in the distribution of claims by area of practice among both small and ...


The Forgotten Rule Of Professional Conduct: Representing A Client With Diminished Capacity, Barry Kozak 2015 The John Marshall Law School, Chicago

The Forgotten Rule Of Professional Conduct: Representing A Client With Diminished Capacity, Barry Kozak

Barry Kozak

All attorneys who maintain client-lawyer relationships must continually, or at least periodically, assess each client’s mental capacity. Under the Model Rules of Professional Conduct, this assessment is a two-step process. First, the attorney must ensure that an individual has enough mental capacity to establish or maintain a normal client-lawyer relationship, and second, the attorney must ensure that the individual has enough mental capacity to legally-bind him or herself in the desired transaction or intended course of action. If the attorney determines that at any point in time, a particular client has diminished capacity, then Model Rule 1.14 requires ...


Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. MacLean, James J. Berles 2015 Indiana Tech Law School

Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. Maclean, James J. Berles

Adam Lamparello

Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable.Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percent of those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although ...


Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship, Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters 2015 Touro Law Center

Stress, Burnout, Vicarious Trauma, And Other Emotional Realities In The Lawyer/Client Relationship, Marjorie A. Silver, Sanford Portnoy, Jean Koh Peters

Touro Law Review

No abstract provided.


The Comprehensive Law Movement, Susan Daicoff 2015 Touro College Jacob D. Fuchsberg Law Center

The Comprehensive Law Movement, Susan Daicoff

Touro Law Review

No abstract provided.


Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver 2015 Touro Law Center

Lawyering And Its Discontents: Reclaiming Meaning In The Practice Of Law, Marjorie A. Silver

Touro Law Review

No abstract provided.


Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg 2015 Touro College Jacob D. Fuchsberg Law Center

Defining The Role Of Law Guardian In New York State By Statute, Standards And Case Law, Diane Somberg

Touro Law Review

No abstract provided.


Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis 2015 Brown and Partners LLP and Osgoode Hall Law School

Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis

Western Journal of Legal Studies

Creating a comprehensive code of negotiation ethics for lawyers is a contentious issue. The Law Society of Upper Canada’s Rules of Professional Conduct currently offers little guidance regarding appropriate behaviour of lawyers during negotiations. Detractors argue that the negotiation process is too complex and fluid to be codified. This criticism is not fatal to the case for a code of negotiation ethics. Lawyers have moral and ethical standards within the profession and responsibilities to the public as conduits to legal remedies. This paper argues a code of legal ethics is necessary to uphold these standards. Such a framework should ...


Menendez And America's Public Corruption Problem, Jeffrey Bellin 2015 William & Mary Law School

Menendez And America's Public Corruption Problem, Jeffrey Bellin

Popular Media

No abstract provided.


On Nudging In Public Policy, Alon M. August 2015 University of Redlands

On Nudging In Public Policy, Alon M. August

Vahe Proudian Interdisciplinary Honors Program, Senior Honors Theses

This thesis examines nudging, a technique aimed at making individuals act, choose, and behave in the ways deemed rational by policy makers. Nudging has only recently been adopted for public policy strategies. The ultimate goal of this thesis is to determine the ethical implications of nudging in public policy, by specifically exploring its origins in behavioral economics, and its methods, areas of influence, and moral consequences. The thesis consists of three chapters. The first chapter contextualizes nudging within the study of behavioral economics, and reconstructs in a chronological and logical sequence the most important scholarly and popular literature on the ...


The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. McFarlin 2015 Harvard University

The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin

Jaimie K. McFarlin

This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.


L'Avvocato-Arbitro Nell'art. 61 Del Nuovo Codice Deontologico Forense, Valerio Sangiovanni 2015 SelectedWorks

L'Avvocato-Arbitro Nell'art. 61 Del Nuovo Codice Deontologico Forense, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


The Professional, Spring 2015, Henry Latimer Center for Professionalism 2015 Florida International University College of Law

The Professional, Spring 2015, Henry Latimer Center For Professionalism

The Professional Newsletter

The Professional is a publication of The Florida Bar Henry Latimer Center for Professionalism. It is published triannually and provides practical information regarding professionalism relevant to the practice of law in Florida.


Incentivizing Lawyers To Play Nice: A National Survey Of Civility Standards And Options For Enforcement, Cheryl B. Preston, Hilary Lawrence 2015 J. Reuben Clark Law School, Brigham Young University

Incentivizing Lawyers To Play Nice: A National Survey Of Civility Standards And Options For Enforcement, Cheryl B. Preston, Hilary Lawrence

University of Michigan Journal of Law Reform

In the last decade, most commentators assume that lawyers’ behavior is now diving to new lows, notwithstanding a flurry of professionalism and civility creeds adopted in the 1980s and 1990s. Proponents of making such creeds enforceable argue that a return to professionalism may improve lawyers’ well-being, restore the public’s confidence in lawyers, and raise the expectations of behavior, not only with respect to civility but also with respect to violations of the Rules of Professional Conduct (hereinafter, as adapted in various jurisdictions, the Rules of Professional Conduct or the Model Rules)


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