Legal Ethics and Professional Responsibility Commons^™

The Ethics Of Representing Founders, Paul R Tremblay

Boston College Law School Faculty Papers

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with ...

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.

What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle

Susan D. Carle

I will first take a quick look in Part II at the basic data regarding employment statistics for recent law school graduates. This is the primary source of concern cited by those who argue that legal education is in profound crisis. What those statistics show, in a nutshell, is that large law firm hiring is down, but that small firm hiring is up by even more significant amounts, and that salaries for employed graduates continue to rise. What also continues to rise is the new law graduate unemployment rate, though not by the exaggerated dimensions some reports imply. New lawyers ...

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Judith A. McMorrow

The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis ...

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is ...

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Boston College Law School Faculty Papers

The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis ...

Video: Representing Charities: Profit V. Non Profit, Adam Goldberg

Law Center Plus Seminar Series

his particular seminar is designed to educate attorneys what to request prior to becoming a Board Member including but not limited to:

• Is there a Board Orientation?
• What is the Board's Liability?
• How to read IRS Form 990 and Financial Statements
• Legal Issues facing Charitable Organizations
• Best Practices

Learning Outcomes include:

1. Difference between Tax Exempt and Not-For-Profit & Calendar v. Fiscal Year
2. Serving as a Board Member
3. Representing Charitable Organizations/Tax Exempt Organizations as Legal Counsel
4. Ethical Considerations for Exempt Organizations Practitioners

Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk

Catherine Fisk

No abstract provided.

Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe

Law Center Plus Seminar Series

This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:

1. How to maintain a level of civility while competently represent clients in civil cases in Florida
2. Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession

The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0

In Re Discipline Of Timothy Treffinger, 133 Nev. Adv. Op. 22 (May 11, 2017), Julia Barker

Nevada Supreme Court Summaries

The Court determined that (1) when a licensed Nevada attorney pleads guilty to a felony, Supreme Court Rule (SCR) 111 requires an interim suspension of the attorney’s law license and a referral to the Nevada State Bar for formal discipline; and (2) the “good cause” exception to stay an interim suspension requires the court to consider whether the attorney’s crime poses a danger to his clients, the court, and the public.

Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez

Capstone Projects and Theses

This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.

Confidentiality Of Chancery Documents, Patrick F. Geary

The Catholic Lawyer

No abstract provided.

Maintaining Competency Among Lawyers: How Far Have We Come?, Jerri D. Gilbreath

The Catholic Lawyer

No abstract provided.

No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell

Western Journal of Legal Studies

Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.

In Canada, this traditional view of white-collar criminals ...

Sovereignty And Social Change In The Wake Of India’S Recent Sodomy Cases, Deepa Das Acevedo

Boston College International and Comparative Law Review

American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest ...

On The Ethics Of Lawyers, Peter J. Riga

The Catholic Lawyer

No abstract provided.

Perfectly Frank: A Reflection On Quality Lawyering In Honor Of R. Franklin Balotti, Leo E. Strine Jr., James J. Hanks Jr., John F. Olson, A. Gilchrist Sparks, E. Norman Veasey, Gregory P. Williams

Faculty Scholarship

This essay honoring the late R. Franklin Balotti focuses upon certain of the key attributes necessary to practice business law effectively and ethically. Among these attributes are a strong work ethic, the integrity to stand behind your own advice and candidly admit when things do not go according to plan, empathy for how others will view your client’s actions and the ability to communicate that perception to your client, the confidence to change the pace of a transaction when a slow down or time out is warranted, and the ability to have some fun and laugh (even at yourself ...

Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella

The Research and Scholarship Symposium

The goal of this presentation is to take a look into the human rights violation of child marriage happening in countries all over the world. For the purpose of this presentation, we will focus on four countries where child marriages are extremely prevalent: India, Niger, Bangladesh, and Yemen. First, we will begin with a brief history and background of child brides and statistics related to this population. Second, we will discuss the four countries (as stated above) where this is a major problem, and why the rates of child brides are especially high within each country. Third, we will consider ...

The Corporate Attorney-Client Privilege In The Federal Courts, Allen A. Hans

The Catholic Lawyer

No abstract provided.

New Horizon Kids Quest Iii, Inc., V. The Eighth Judicial District Court Of The State Of Nevada, 133 Nev., Adv. Op. 409 (Apr. 6, 2017), Andrew Clark

Nevada Supreme Court Summaries

Under the Nev. Rule of Professional Conduct 1.9(b), an attorney whose former firm represented a now adverse client, may be disqualified only when the attorney actually obtained confidential, adverse information while employed by the former firm.