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

Legal Ethics and Professional Responsibility Commons

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

5050 Full-Text Articles 3109 Authors 1746882 Downloads 136 Institutions

All Articles in Legal Ethics and Professional Responsibility

Faceted Search

5050 full-text articles. Page 1 of 114.

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff 2017 University of Pennsylvania Law School

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff

Faculty Scholarship

Top law firms are notoriously competitive, fighting for prime clients and matters. But some of the most elite firms are also deeply cooperative, willingly sharing key details about their finances and strategy with their rivals. More surprisingly, they pay handsomely to do so. Nearly half of the AmLaw 100 and 200 belong to mutual insurance organizations that require member firms to provide capital; partner time; and important information about their governance, balance sheets, risk management, strategic plans, and malpractice liability. To answer why these firms do so when there are commercial insurers willing to provide coverage with fewer burdens, we ...


The Unified Bar: Will A Closed Shop Serve The Lawyer And The Public, Harold Brown 2017 St. John's University School of Law

The Unified Bar: Will A Closed Shop Serve The Lawyer And The Public, Harold Brown

The Catholic Lawyer

No abstract provided.


A.B.A. Code Of Professional Responsibility: In Defense Of Mediocrity, Harold Brown 2017 St. John's University School of Law

A.B.A. Code Of Professional Responsibility: In Defense Of Mediocrity, Harold Brown

The Catholic Lawyer

No abstract provided.


American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process, 2017 St. John's University School of Law

American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process

The Catholic Lawyer

No abstract provided.


The Jury As A Political Institution, Jon M. Van Dyke 2017 St. John's University School of Law

The Jury As A Political Institution, Jon M. Van Dyke

The Catholic Lawyer

No abstract provided.


The Partnership Of Bench And Bar, Edward D. Re 2017 St. John's University School of Law

The Partnership Of Bench And Bar, Edward D. Re

The Catholic Lawyer

No abstract provided.


Winning Through Integrity And Professionalism, Gerald Lebovits 2017 Columbia, Fordham & NYU Law Schools

Winning Through Integrity And Professionalism, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin 2017 Selected Works

Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin

Nathalie Martin

No abstract provided.


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 ...


The Professional, Winter 2017, Henry Latimer Center for Professionalism 2017 Florida International University College of Law

The Professional, Winter 2017, 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.


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 ...


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 ...


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 ...


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.]


Digital Commons powered by bepress