Open Access. Powered by Scholars. Published by Universities.®

Legal Ethics and Professional Responsibility Commons

Open Access. Powered by Scholars. Published by Universities.®

5017 Full-Text Articles 3087 Authors 1720493 Downloads 136 Institutions

All Articles in Legal Ethics and Professional Responsibility

Faceted Search

5017 full-text articles. Page 1 of 113.

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith 2017 The Catholic University of America, Columbus School of Law

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Catholic University Law Review

When individuals in the United States face civil justice issues, they are not entitled to legal counsel and therefore must secure paid counsel, proceed pro se or qualify for free legal assistance. As a result of the economic downturn, the number of Americans who are unable to afford legal counsel is now at an all-time high. In response to this ever-widening justice gap, the public interest community has launched multiple initiatives to supplement the underfunded legal aid system. Though valiant, this article argues that this approach has unfortunately created a complex, fragmented and overlapping delivery system for legal aid. This ...


Attorney's Withholding Of Tangible Evidence Of Crime Held Not Protected By Attorney-Client Privilege, 2016 St. John's University School of Law

Attorney's Withholding Of Tangible Evidence Of Crime Held Not Protected By Attorney-Client Privilege

The Catholic Lawyer

No abstract provided.


Compensation Of Out-Of-State Attorney, 2016 St. John's University School of Law

Compensation Of Out-Of-State Attorney

The Catholic Lawyer

No abstract provided.


Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Samuel J. Levine, Bruce A. Green 2016 Touro Law Center

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Samuel J. Levine, Bruce A. Green

Samuel J. Levine

Although courts have traditionally relied primarily on prosecutors’ individual self-restraint and institutional self-regulation to curb prosecutors’ excesses and redress their wrongdoing, aspects of prosecutors’ conduct can be regulated externally as well. One potential source of external regulation is professional discipline. As lawyers, prosecutors are regulated by state courts, which oversee processes for disciplining lawyers who engage in misconduct. In responding to prosecutors’ wrongdoing, courts generally express a preference for professional discipline over civil liability, which is limited by principles of absolute and qualified immunity. Likewise, courts favor professional discipline over adjudicatory remedies such as reversal of criminal convictions or suppression ...


The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella 2016 Brooklyn Law School

The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured ...


Compliance; Technology; And Modern Finance, Tom C.W. Lin 2016 Brooklyn Law School

Compliance; Technology; And Modern Finance, Tom C.W. Lin

Brooklyn Journal of Corporate, Financial & Commercial Law

An important transformation is happening in the financial industry. The rise of new technology and compliance has dramatically altered many of the key functions and functionaries of modern finance. Artificial intelligence; algorithmic programs; and supercomputers; instead of human actors; now constitute the core of many financial operations. Compliance officers have become just as critical to financial institutions as traders; bankers; and analysts. Finance as we knew it has changed and continues to change. This symposium Article offers a studied commentary on these unfolding changes; the crosscutting developments in compliance; technology; and modern finance. It examines the concurrent and intersecting ascents ...


Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber 2016 Brooklyn Law School

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically; bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978; Congress attempted to reduce the discrepancy in compensation. However; after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C.; the playing field remains unequal for bankruptcy attorneys. Following this decision; if a debtor disputes their attorney’s fee application; attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result; bankruptcy attorneys take an effective pay cut if they ...


Video: Happy Lawyers Make More Money: How To Achieve Financial Success, Fulfill Your Ethical Obligations, And Manage A Profitable Small Law Firm, How to Manage a Small Law Firm 2016 Nova Southeastern University

Video: Happy Lawyers Make More Money: How To Achieve Financial Success, Fulfill Your Ethical Obligations, And Manage A Profitable Small Law Firm, How To Manage A Small Law Firm

Law Center Plus Seminar Series

How To MANAGE a Small Law Firm was founded by attorney RJon Robins. He quickly realized that despite having done quite well in law school, completing a prestigious 9 credit internship with the US Trustee’s Office and clerking for a Federal Bankruptcy Judge, he knew next to nothing about how to actually manage the business of a small law firm.

RJon did eventually discover how to manage a small law firm and was recruited by The Florida Bar’s Law Office Management Assistance Service (LOMAS) to teach his fellow lawyers how to find, fix and avoid the sort of ...


The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer 2016 Notre Dame Law School

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Thomas L. Shaffer

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are ...


Lawyers And Biblical Prophets, Thomas L. Shaffer 2016 Notre Dame Law School

Lawyers And Biblical Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they ...


[Review Of] The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger 2016 University of New Hampshire

[Review Of] The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger

RISK: Health, Safety & Environment

Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]


The Origins Of American Health Libertarianism, Lewis A. Grossman 2016 American University

The Origins Of American Health Libertarianism, Lewis A. Grossman

Lewis A. Grossman

This Article examines Americans' enduring demand for freedom of therapeutic choice as a popular constitutional movement originating in the United States' early years. In exploring extrajudicial advocacy for therapeutic choice between the American Revolution and the Civil War, this piece illustrates how multiple concepts of freedom in addition to bodily freedom bolstered the concept of a constitutional right to medical liberty.


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice 2016 Selected Works

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice

Ann Shalleck

No abstract provided.


Study Of The Canons Of Professional Ethics, Edward L. Wright 2016 St. John's University School of Law

Study Of The Canons Of Professional Ethics, Edward L. Wright

The Catholic Lawyer

No abstract provided.


A Comprehensive Review Of The 2016 Asha Code Of Ethics, Robin L. Edge Ph.D., CCC-SLP, Bess Sirmon-Taylor Ph.D., CCC-SLP, Raul F. Prezas Ph.D., CCC-SLP 2016 Jacksonville University

A Comprehensive Review Of The 2016 Asha Code Of Ethics, Robin L. Edge Ph.D., Ccc-Slp, Bess Sirmon-Taylor Ph.D., Ccc-Slp, Raul F. Prezas Ph.D., Ccc-Slp

Journal of Human Services: Training, Research, and Practice

The American Speech-Language-Hearing Association (ASHA) initially implemented a Code of Ethics in 1952, and has periodically revisited the content of the document with revisions to reflect the expanding scope of practice within speech-language pathology and audiology and to clarify certain concepts. Code revision is a cyclical mandated task of the ASHA Board of Ethics conducted to assure accuracy, currency, and completeness of this most important document (Solomon-Rice & O’Rourke, 2016). The current version of the Code of Ethics (2016) was modified from the previous version (2010r), with an updated preamble, definitions of related vocabulary, and re-organized language in the principles ...


Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile 2016 Seattle University School of Law

Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile

Seattle University Law Review

Washington Limited License Legal Technicians (LLLTs) are non-lawyers who will supposedly help to close “the wide and ever-growing gap in necessary legal and law related services for low and moderate income persons.” However, LLLTs will not close the access to justice gap because “[t]here are no protections . . . to ensure that legal technicians will actually provide services to the poor, as opposed to selling their services to those who can most afford them,” and LLLTs are “not going to have the competency to actually do for the poor what needs to be done.”

Additionally, the modifications of the Washington Rules ...


The Gentleman In Professional Ethics, Thomas L. Shaffer 2016 Notre Dame Law School

The Gentleman In Professional Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs 2016 Cleveland-Marshall College of Law, Cleveland State University

Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs

Law Faculty Presentations and Testimony

The presentation introduced current research showing correlation between grit, growth mindset, and success in varied disciplines, then suggested several means for improving grit. Attendees discussed several problems that a young lawyer might experience and considered how grit and growth mindset might affect the lawyer's response to the problem.


Note: The New York "Good Samaritan Act", 2016 St. John's University School of Law

Note: The New York "Good Samaritan Act"

The Catholic Lawyer

No abstract provided.


Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl 2016 University of Pennsylvania Law School

Solving Ethical Puzzles To Unlock University Technology Transfer Client Work For An Intellectual Property Legal Clinic, Cynthia L. Dahl

Faculty Scholarship

Intellectual property (IP) and technology legal clinics are experiencing an unprecedented surge in popularity. Before 2000 there were only five such clinics, but by 2016 there were seventy-four, with fifty added since 2010 alone. As law schools are approving new IP clinics and as practitioners are developing syllabi, there is an increasing need to share knowledge about models that work and how to avoid pitfalls.

One potentially fertile – but traditionally underutilized -- source of client work for an IP and technology clinic is the university technology transfer office (“TTO”), the department that protects, markets, and licenses all university intellectual property. Through ...


Digital Commons powered by bepress