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Risks And Rewards Of Law Student Volunteer Service: A Supervisor’S Perspective, Julie E. Bennett, Sharon H. Fischlowitz

William Mitchell Law Review

During the 2002 academic year, law students in Minnesota contributed 16,078 pro bono service hours. This level of student pro bono activity is possible only because licensed attorneys take the time to supervise and guide students. Volunteer supervision, a task separate from the practice of law, requires time, patience, and teaching skills, and has no guaranteed outcome. One might conclude that the necessary investment is not worth the effort. However, year after year, supervisors and volunteers continue to give thousands of service hours, providing critical legal services to clients who would otherwise go unrepresented. This essay examines some of the …

The Healing Presence Of Clients In Law School, Angela Mccaffrey

William Mitchell Law Review

William Mitchell College of Law is celebrating the thirtieth anniversary of the Law Clinic. As a beneficiary of clinical legal education at William Mitchell, I write this essay to reflect on the value of clinical legal education to law students, to the clients served, and to the community at large. In my view, clinical legal education is timeless--as valuable to law students today as it was thirty years ago when William Mitchell started its first clinic. Although many things combine to make clinical education valuable, three aspects are particularly noteworthy. First, clinics give law students the chance to represent clients …

The Law School Clinic As A Model Ethical Law Office, Peter A. Joy

William Mitchell Law Review

In this essay, I contend that all clinical teachers should explicitly acknowledge that they are legal ethics and professional responsibility teachers and role models of the “good lawyer” in everything they do. I argue that every in-house clinical teacher should strive to make her clinic a model ethical law office.

In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr

William Mitchell Law Review

[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.

Legal Scholarship For Equal Justice: Summary Of Panel Discussion, Sam Magavern

William Mitchell Law Review

In 2002, a group of professors, deans, equal justice practitioners, and a Minnesota Supreme Court justice formed a Legal Scholarship for Equal Justice committee (LSEJ) to explore ways to link the work of professors and students to the equal justice issues faced by the bench and bar in our state. Since then, LSEJ has become a formal project of the Minnesota Justice Foundation, a nonprofit group that works at the four Minnesota law schools to integrate public service into the law school experience. So far, LSEJ has created an issues list, a class, and an annual symposium. The issues list …

A Response To Thomas Steele, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The problem with adjunct professors teaching a course in law practice management is that they really are not in a position to think and write about the big issues, the way that full-time faculty members are; they generally have full-time responsibilities in a law firm. The law practice management field loses something valuable when so many of its teachers are part time. Although these professors bring practical experience to the classroom, they do not contribute in a larger way to the law school curriculum as a whole, or to the literature of the legal profession.

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Works

This article examines the lawyer’s role as a public citizen through the lens of the professional responsibility to provide pro bono legal services. It explores the evolution and implications of the American Bar Association’s Model Rule 6.1, which defines pro bono service as a professional obligation rather than a discretionary act of charity. The discussion traces the historical foundations of lawyers’ duties to serve the public, the ethical considerations debated by the ABA’s Ethics 2000 Commission, and the tension between voluntary and mandatory service. The article also highlights the practical role of law firms and professional organizations in fostering a …

Almost Pro Bono: Judicial Appointments Of Attorneys In Juvenile And Child Dependency Actions, Barbara Glesner Fines

Faculty Works

No abstract provided.

What I Think That I Have Learned About Legal Ethics, Richard H. Underwood

Law Faculty Scholarly Articles

In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …

Multijurisdictional Practice Of Law: Recent Developments In The National Debate, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will explore the development of multijurisdictional practice in the United States and abroad. Part III will discuss the positions taken by various participants in the current debate on multijurisdictional practice. Part IV will examine the actions of the American Bar Association House of Delegates in August 2002 and the implications of those actions for lawyers. Part V will conclude that MJP reform is critical to the future of the legal profession in the United States as a fundamental tool for American business to remain competitive in the globalized marketplace for goods and services.

Reinterpreting Professional Identity, Norman W. Spaulding

University of Colorado Law Review

No abstract provided.

Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson

St. Mary's Law Journal

The fiduciary duty owed to clients by attorneys is defined by the reasonable-care standard of negligence as opposed to the all-encompassing “absolute and perfect candor” rhetoric frequently used to describe the duty owed. Words have meanings and, though the use of “absolute and perfect candor” serves a beneficial purpose, reminding attorneys of the special duty owed to their clients, the fiduciary duty owed to clients is not so all encompassing and impractical. Modern case law fails to establish that a broadly applicable duty of “absolute and perfect” candor applies to the attorney-client relationship, except in a limited number of situations. …

The Legal Profession At The Crossroads: Who Will Write The Future Rules Governing The Conduct Of Lawyers Representing Public Corporations The Second Annual Symposium On Legal Malpractice & Professional Responsibility., David J. Beck

St. Mary's Law Journal

Abstract Forthcoming.

The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Jack P. Sahl

St. Mary's Law Journal

Abstract Forthcoming.

Insurance Companies Use Of Captive Or In-House Counsel To Represent Insured Constitutes The Unauthorized Practice Of Law: Is American Home The Right Decision For Texas Comment., Daniel M. Martinez

St. Mary's Law Journal

Insurance companies should not be allowed to continue the practice of hiring in-house or captive counsel to defend against a claim covered by their insurance policy. Under a typical liability insurance policy, the insurer has a duty to defend. When legal counsel is retained, the insurer pays for the representation and has a contractual right to control the defense. This places defense counsel in a precarious situation because he or she has to balance the contractual obligations to the insurer against his or her ethical responsibilities to the insured. The defense counsel may be exposed to a malpractice claim by …

The Evolution Of Mjp, Irma S. Russell

Faculty Journal Articles & Other Writings

This article examines the ABA revision to Model Rules 5.5 and 8.5 in light of today's legal world where representing clients in states outside the lawyer's state of licensure is commonplace, particularly in areas of practice that involve federal law, such as environmental law, and clients with far-flung property or business transactions in numerous jurisdictions. The article notes that although the revision to these rules represents the first step in a necessary liberalization of ethical rules and statutes to permit competent lawyers to service client needs efficiently and encourages more uniformity of approach, the rules and UPL statutes still create …

Iolta In The Balance: The Battle Of Legality And Morality Between Robin Hood And The Miser Recent Development., Katherine L. Smith

St. Mary's Law Journal

Interest on Lawyers Trust Account (IOLTA) programs recently survived a constitutional challenge. IOLTA programs require interest earned from trust accounts deposited with client money to fund legal services for the poor. Many states, including Texas, maintain a mandatory IOLTA program, requiring all lawyers who handle client funds to participate. Proponents of IOLTA argue it benefits civil justice. Opponents argue it is an unconstitutional taking in violation of the Fifth Amendment. The Fifth Circuit held IOLTA accounts to be an unconstitutional taking of client property. The Ninth Circuit, however, found IOLTA accounts constitutional, holding that IOLTA accounts are not a taking …

The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment, John P. Sahl

Akron Law Faculty Publications

For many Americans, the choice between affording legal assistance--a luxury item--and covering basic living expenses appears to represent a choice in name only. Most states prohibit lawyers from providing clients with financial assistance to cover these living expenses. In a few states, lawyers may help clients with living expenses by advancing or guaranteeing financial assistance. Given accurate information about the availability of legal services, poor people may find themselves able to protect important legal rights.

In Part I, this Article reviews the origins of and reasons for the ban on lawyer advancement of living expenses to clients when litigation is …

The Attorney As Gatekeeper: An Agenda For The Sec, John C. Coffee Jr.

Faculty Scholarship

Section 307 of the Sarbanes-Oxley Act authorizes the SEC to prescribe "minimum standards of professional conduct" for attorneys "appearing or practicing" before it. Although the initial debate has focused on issues of confidentiality, this terse statutory provision frames and seemingly federalizes a much larger question: What is the role of the corporate attorney in public securities transactions? Is the attorney's role that of (a) an advocate, (b) a transaction cost engineer, or, more broadly, (c) a gatekeeper – that is, a reputational intermediary with some responsibility to monitor the accuracy of corporate disclosures? Skeptics of any gatekeeper role for attorneys …

Ethics, Law Firms, And Legal Education, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.

Is There A Role For Lawyers In Preventing Future Enrons, Jill E. Fisch, Kenneth M. Rosen

Villanova Law Review (1956 - )

No abstract provided.

Sarbanes-Oxley And The Oklahoma Rules Of Professional Conduct Recent Developments In Oklahoma, Drew L. Kershen

Faculty Articles

No abstract provided.

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.

Law As Social Work, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

In our work as lawyers for low income clients and as clinical teachers, we are sometimes told by our professional counterparts in private practice - especially those who work in large corporate firms - that what we do "isn't law, it's social work." Similarly, our students sometimes complain that the work they do on behalf of low income clients "isn't law, it's social work." In the past we have tended to respond to this "social worker" charge defensively. We insisted that what we and our students do is "law," that it is really no different from what private practitioners do …

Toward A Multiple Party Representation Model: Moderating Power Disparity, Henry Ordower

All Faculty Scholarship

Argues that the zealous representation model of contemporary legal practice with its emphasis on primacy of the client causes lawyers to assist and motivate their clients to exploit the clients' power advantages in non-litigation contexts. The article recommends that ethical rules shift to a multiple client representation model. The model would be based upon the Brandeisian "lawyer for the situation" and would empower attorneys in non-litigation settings to consider and evaluate the impact of their activities on other constituencies that the representation affects. Attorneys would become better able to encourage their clients to seek distributional fairness and balance in their …

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan Carle

Scholarly Articles in Law Reviews & Journals

Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.

Whom (Or What) Does The Organization's Lawyer Represent?: An Anatomy Of Intraclient Conflict, William H. Simon

Faculty Scholarship

Professional responsibility issues involving organizational clients are distinctively difficult because organizations consist of constituents with conflicting interests. Legal doctrine has only recently begun to address the effect of internal conflict on a lawyer's responsibilities to an organizational client. Under current doctrine, the lawyer's responsibilities differ strongly depending on whether the representation is characterized as 'joint" representation of the organization 's constituents or "entity" representation. This Article argues that the choice between the two characterizations often has been arbitrary and that the underlying differences between them have been misunderstood. With respect to entity representation, it criticizes a prominent tendency in the …

Who Needs The Bar?: Professionalism Without Monopoly, William H. Simon

Faculty Scholarship

Professionalism has an idealistic dimension and an institutional one. The idealistic dimension is the notion of voluntary commitment to both client interests and public values. The institutional dimension is the ideal of self-regulation by the bar.

The idealistic dimension remains powerful. However disappointed we are by the distance between the profession's ideals and its members' practices, these ideals continue to inspire valuable efforts. Various professional organizations are making admirable contributions through pro bono representation of disadvantaged people, public education, and disinterested law reform efforts in a range of areas, such as litigation procedure, prisons, and judicial selection. Moreover, the bar's …

Legal And Professional Ethics: The Regulation Of Ancillaries And Law-Related Services Reaches Oklahoma, D. Kencade Babb

Oklahoma Law Review

No abstract provided.