Digital Commons Network^™

Results Of The Legal Incubator Lawyers' Survey, Aba Standing Committee On The Delivery Of Legal Services, Center For Computer-Assisted Legal Instruction, Luz E. Herrera, Rebecca Sandefur, Briana Morris

Faculty Scholarship

Legal incubators, also known as law firm incubators, in the United States are designed to help lawyers develop and launch law practices while expanding access to underserved populations. Based on business incubator models, legal incubator programs support the creation of new law firms by providing space, mentoring, and training to licensed lawyers. Most of the law firms produced by these legal incubators are solo or small firms that exist as both for profit businesses and nonprofit entities. Since the first legal incubator appeared in 2007, over 70 self-identified legal incubator programs have emerged around the globe.

In 2016, the ABA …

The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden

Articles, Book Chapters, & Popular Press

Government lawyers, and the specific legal ethics issues that arise in their practices, remain largely overlooked in Canadian legal education. The authors argue that government lawyering should be better incorporated into legal ethics curricula in law schools, for both practical and conceptual reasons. Most importantly, understanding issues unique to government lawyering helps students better understand core concepts in legal ethics, and thus better prepare for the practice of law both in the public and private sectors. While law teachers face serious challenges in incorporating government lawyering into legal ethics education, many of those challenges can be confronted and ameliorated. The …

Spring 2021

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Tiffany Leung, Madison Ranta

Graphic Design & Layout: Alexandra Fox

The Role Of Sharia Banking Notaries In The Development Of Sharia Economic Law In The Digital Era, Rofah Setyowati, Bagas Heradhyaksa, Maskur Rosyid

Jurnal Hukum & Pembangunan

Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who …

Vol. 60, No. 10 (March 8, 2021)

Indiana Law Annotated

No abstract provided.

How And Why Did It Go So Wrong?: Theranos As A Legal Ethics Case Study, G.S. Hans

Georgia State University Law Review

The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.

This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal …

Tribute To Bob Burdick, Naomi M. Mann

Faculty Scholarship

In losing Bob, we have truly lost a legal giant. He was a visionary in poverty law. He led significant litigation that improved the lives of countless individuals in the Commonwealth. It is because of him, a team of legal aid attorneys, and his students that individuals who are considered mentally incapacitated are entitled to Rogers hearings before being administered medication. It is also under his leadership that student attorneys throughout the Commonwealth can get attorney’s fees for their legal services organizations. Through his guidance and teaching, generations of law students have learned how to infuse their work (wherever they …

A Tribute To Robert (“Bob”) G. Burdick: A Man Of Vision And Light, Constance A. Browne

Faculty Scholarship

One of Bob’s former students said it best: “Bob was the lawyer I wanted to be. He was the person I wanted to be.”1 Bob was also the mentor, teacher, and innovator I aspired to be. For many marginalized clients, Bob brought the change they needed; the change justice required. He embodied hope—he saw the light and strove to enable others to share in its glow.

Extrapolating Lessons From A Master Mentor: What Bob Burdick Taught Me, Susan M. Akram

Faculty Scholarship

Bob Burdick began his career in clinical practice as a student in the clinic at Boston University School of Law in 1970, shortly after the civil clinic had been established as the Legal Aid Program in Hyde Park in 1969. Right out of law school, Bob worked at Greater Boston Legal Services (“GBLS”), he then was hired at BU as a clinical instructor and later promoted to director of what became the Civil Litigation Program in 1979. During the forty years Bob led the civil clinic (now renamed the Civil Litigation and Justice Program), he was the creative and innovative …

Some Special Words For Robert Burdick, Mary Connaughton

Faculty Scholarship

Many words can be used to describe Bob Burdick, my supervisor, colleague, and friend at the Boston University Civil Litigation Program since the fall of 1993. BU has recognized him as a “Quiet Legal Giant”; as his colleagues, we have commented on his compassion, low-key humility, creativity and innovation, strength as a mentor, and expertise in negotiation. We share common images and experiences as well: the open door to his office and the light already burning at 6:30 on dark mornings as we arrived early to go to court. His insight and understanding after a disturbing experience with an opposing …

Towards A More Ethical Ll.M. Degree: Let's Give International Lawyers The Value They Deserve, Carrie W. Teitcher, Kathleen Darvil

Florida Journal of International Law

Created for international lawyers seeking American credentials, LL.M. programs have proliferated, filling a need in an increasingly global market. Yet the American Bar Association offers no guidance as to how programs specifically designed for international lawyers should be structured. The road to a more ethical LL.M degree necessarily begins with the American Bar Association and the need for it to establish guidelines for such programs, at least for those programs which qualify international lawyers to sit for the bar exam.

Nor do law schools do enough to ensure that LL.M. students seeking to become licensed attorneys in the United States …

Transnational Law As A Framework For Law Clinics, Sital Kalantry, Rachael E. Hancock

Cornell Law Faculty Publications

As the law becomes increasingly globalised and online education is increasingly emphasised, clinical legal education presents new opportunities for transnational collaboration. With more law schools introducing global clinical experiences into their curriculum, clinicians, students, clients, and practitioners are facing a host of new questions, challenges, and obstacles. These challenges are practical, logistical, ethical, and cultural. As research has found, finding a means of addressing these issues in ways that advance social justice has proven difficult. Striking a balance between client service and student learning, navigating relationships between different learning institutions, and setting ambitious but attainable goals are important elements of …

Vol. 60, No. 04 (January 25, 2021)

Indiana Law Annotated

No abstract provided.

Vol. 60, No. 03 (January 18, 2021)

Indiana Law Annotated

No abstract provided.

“Listserv Lawyering”: Definition And Exploration Of Its Utility In Representation Of Consumer Debtors In Bankruptcy And In Law Practice Generally, Josiah M. Daniel Iii

St. Mary's Journal on Legal Malpractice & Ethics

The author examines the communications and activities of bankruptcy lawyers participating in the listserv of the Bankruptcy Law Section of the State Bar of Texas and finds that those activities constitute a previously unrecognized form of “lawyering,” which he has defined as the work of lawyers in and through the legal system to accomplish the objectives of their clients. Review of specific postings about legal issues and practical problems by Texas bankruptcy lawyers, whose practices are primarily on behalf of individual debtors in cases under Chapters 7 and 13 of the Bankruptcy Code, and observations about the voluntary, collaborative, and …

Expanding The Legal Services Ecosystem: An Educational Model To Improve Access To Immigration Justice Through Legal Paraprofessionals, Michele R. Pistone

Faculty Publications

Using disruptive innovation theory as a guidepost, this Article analyzes what is happening in the market for legal services and legal education. Disruption theory is also used to try to anticipate future developments in the market for legal education.

Guided by this theory, this Article discusses a new model of education about the law implemented in anticipation of inevitable changes in the market for legal education.The new online educational program is being modeled in the field of immigration law to train more students about immigration law with the goal of increasing the pool of people qualified to apply to become …

Inside-Out: Bringing Law Students Face-To-Face With Injustice, Romie Griesmer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Tradition And Change At The University Of Idaho College Of Law, Richard Henry Seamon

Articles

No abstract provided.

Becoming Global Lawyers? A Comparative Study Of Civic Professionalism, John Bliss

Sturm College of Law: Faculty Scholarship

Through their professional education and training, new lawyers are generally encouraged to adopt a civic vision of professional identity. This article explores convergences and diverges in how new lawyers entering an increasingly globalized legal profession conceive of their civic roles in different national contexts. In particular, I examine corporate lawyers-in-training in the U.S. and China, drawing on interviews and a cross-cultural identity mapping method to compare their accounts of the lived experiences of civic professionalism. I find that professional identity formation in the U.S. sample is largely marked by role distancing and a sense of constrained public-interest expression. In contrast, …

Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin

American University Law Review

Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal their money. For more than forty years, the American Bar Association (ABA) has considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee agreements in their dealings with clients and rules relating to fee arbitration, client protection funds, insurance payee notification, and random audits of trust accounts. This Article examines what happened to these ABA recommendations when the states considered them and assesses the current state …

Using Experiential Learning To Create An Inclusive Classroom, Promote Equity, And Develop Professional Identity, Tianna N. Gibbs

Scholarly Articles in Law Reviews & Journals

Legal education is changing. As law schools diversify their student bodies, they are being more intentional about the creation of an inclusive and equitable learning environment. Law schools also are engaging in curricular and pedagogical reform to better prepare students for law practice. Incorporating experiential learning into the law school curriculum has been a significant component of these reform efforts. The development of students’ professional identity also has become a focus of preparation for practice.

Tele-Lawyering And The Virtual Learning Experience: Finding The Silver Lining For Remote Hybrid Externships & Law Clinics After The Pandemic, Lucy J. Johnston-Walsh, Alison Lintal

Faculty Scholarly Works

The COVID-19 pandemic has rocked the world in innumerable ways. This Article argues that the COVID-19 pandemic has a silver lining for law students in experiential learning programs. The pandemic has forced law schools across the country to fully utilize remote learning technology. The pandemic similarly forced courts to accept virtual tools in an environment that had previously relied primarily on in-person appearances. The lessons that law faculty and judges have learned from the pandemic will be permanent and may change the methods of operation going forward. Law schools that embrace the lessons they learned can help their law students …

Law Talk In A Brief Advice Clinic, Linda F. Smith

Utah Law Faculty Scholarship

Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes.1 Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …

Mitchell Hamline School Of Law Summer 2020 Covid-19 Legal Response Clinic, Natalie Netzel, Ana Pottratz Acosta, Joanna Woolman, Kate Kruse, Jon Geffen

Faculty Scholarship

This essay is a reflection on lawyering in a time of crisis. It details the Mitchell Hamline School of Law Clinical Faculty’s response to the community needs resulting from the COVID-19 pandemic by creating the COVID-19 Legal Response Clinic. It also recounts the impact of the murder of George Floyd and the long overdue national reckoning with systemic racism, sparked in our city. Additionally, against this backdrop, it examines the trauma-informed approach taken in clinical work and the classroom to help students process their own trauma and apply this approach in their work with clients.

Amid these concurrent crises in …

Change At The Speed Of Leadership, Lee Fisher

Law Faculty Articles and Essays

“The most dangerous leadership myth is that leaders are born—that there is a genetic factor to leadership. . . That’s nonsense; in fact, the opposite is true. Leaders are made rather than born.”

“Lawyers are in the anomalous position of serving as leaders but generally lacking leadership training and skills. Competency in lawyering skills often functions as a proxy for leadership skills, despite the evidence that leadership skills are distinct and may take years to develop. Our neglect of leadership skills is reaching crisis proportions because nearly half of all current law firm partners will retire within the next ten …

The End Of The Golden Age Of American Legal Education: My Year As Interim Dean, Vincent R. Johnson

Faculty Articles

This article is part of the story of my year as interim dean. The year began without a sign of trouble anywhere on the horizon and ended with an empty campus, cancellation of traditional law school events, face masks and social distancing requirements, uncertainty about whether new law graduates would be able to take the bar exam, and furloughs and layoffs of law school personnel. As my year drew to a close, dozens of American law school deans were meeting online every Friday to share information about how to cope with the challenges of the Covid-19 Pandemic and the uncertainties …

Tomorrow's Law Libraries: Academic Law Librarians Forging The Way To The Future In The New World Of Legal Education, Jessie Wallace Burchfield

Law Faculty Scholarship

This article briefly discusses the historical development of academic law libraries and reviews observations, analyses, and predictions of leading law librarians, examining recent changes and continuing trends. It examines academic law libraries in light of two of the drivers of change identified by Susskind: the “more-for-less” challenge and information technology. It briefly discusses one academic law library's experience with these drivers of change and gives a few examples of academic law librarians who are technology leaders. It notes the initial effects of an ongoing global pandemic that changed the face of public school, undergraduate, and postgraduate education–including legal education–in a …

The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …

Radical Reformation: Diverse Pathways To Attorney Licensure Will Yield A More Diverse Profession, Carla Pratt

Faculty Articles

No abstract provided.

People’S Electric: Engaged Legal Education At Rutgers-Newark Law School In The 1960s And 1970s, George W. Conk

Fordham Urban Law Journal

No abstract provided.