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Ethics and Professional Responsibility Commons

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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.


Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, Raymond J. McKoski 2015 John Marshall Law School

Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, Raymond J. Mckoski

Raymond J. McKoski

No abstract provided.


, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta 2015 Atlanta's John Marshall Law School

, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta

Jeffrey A. Van Detta

This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about "law schools of the future":

“Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.”

This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education ...


The End Of Law Schools, Ray W. Campbell 2015 Peking University School of Transnational Law

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 ...


Crying Over Spilt Milk: Why The Legal Community Is Ethically Obligated To Ensure Legalzoom’S Survival In The Legal Services Marketplace, Cody Blades 2015 Minnesota Court of Appeals, Law Clerk

Crying Over Spilt Milk: Why The Legal Community Is Ethically Obligated To Ensure Legalzoom’S Survival In The Legal Services Marketplace, Cody Blades

Hamline Law Review

Abstract


Regulating Mediators, Art Hinshaw 2015 Arizona State University

Regulating Mediators, Art Hinshaw

Art Hinshaw

Currently consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is, at best, a disjointed patchwork of organizations that make mediation referrals which allows unscrupulous mediators to exploit consumers and hide in the system’s holes. One egregious example of abuse comes from Gary J. Karpin, a disbarred lawyer turned divorce mediator, who is believed to have used the mediation process to con hundreds of people into giving him an estimated $1 million before taking up residence in prison. His con was so successful in part because there was no natural place for his victims to ...


Honestidad Y Justicia, Jorge Adame Goddard 2015 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM)

Honestidad Y Justicia, Jorge Adame Goddard

Jorge Adame Goddard

Exposición sintética del desarrollo personal conforme con la razón humana, que es la honestidad, y del perfeccionamiento de la vida familiar, política e internacional conforme con la justicia.


Experiential Education And Our Divided Campuses: What Delivers Practice Value To Big Law Associates, Government Attorneys, And Public Interest Lawyers?, Margaret E. Reuter, Joanne Ingham 2015 Indiana University - Bloomington

Experiential Education And Our Divided Campuses: What Delivers Practice Value To Big Law Associates, Government Attorneys, And Public Interest Lawyers?, Margaret E. Reuter, Joanne Ingham

Margaret E. Reuter

How will law schools meet the challenge of expanding their education in lawyering skills as demanded from critics and now required by the ABA? This article examines the details of the experiential coursework (clinic, field placement, and skills courses) of 2,142 attorneys. It reveals that experiential courses have not been comparably pursued or valued by former law students as they headed to careers in different settings and types of law practice. Public interest lawyers took many of these types of courses, at intensive levels, and valued them highly. In marked contrast, corporate lawyers in large firms took far fewer ...


For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, Michele N. Struffolino 2015 Nova Southeastern University - Shepard Broad Law Center

For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, Michele N. Struffolino

Michele N Struffolino

For Men Only: A Gap in the Rules Makes Sex Discrimination in the Client Selection Process Ethical

By Professor Michele N. Struffolino

ABSTRACT

_________________________________________________________________________________

The billboard states: “Divorce: Men Only.” The reaction is one of confusion. Something just does not seem right. Isn’t this discrimination? Is the system willing to allow this message because the need to protect men’s rights in divorce outweighs the systemic and societal harms associated with the message?

Although this article focuses on the ethical issues associated with firms that exclude women from the pool of potential divorce clients, the existence of women only ...


Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris 2015 University of Georgia School of Law

Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris

Georgia Journal of International & Comparative Law

No abstract provided.


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