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Articles 1261 - 1290 of 1937
Full-Text Articles in Entire DC Network
Securities Law: Section 307 Of The Sarbanes-Oxley Act: Irreconcilable Conflict With The Aba's Model Rules And The Oklahoma Rules Of Professional Conduct?, Jennifer Wheeler
Securities Law: Section 307 Of The Sarbanes-Oxley Act: Irreconcilable Conflict With The Aba's Model Rules And The Oklahoma Rules Of Professional Conduct?, Jennifer Wheeler
Oklahoma Law Review
No abstract provided.
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green
Faculty Scholarship
Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …
The Structure Of Legal Education And The Legal Profession, Multidisciplinary Practice, Competition, And Globalization, Mary C. Daly
The Structure Of Legal Education And The Legal Profession, Multidisciplinary Practice, Competition, And Globalization, Mary C. Daly
Journal of Legal Education
No abstract provided.
The Challenge: Basing Your Career On Principles, Alexander B. Morrison
The Challenge: Basing Your Career On Principles, Alexander B. Morrison
Vol. 1: Answering God's Interrogatories
This address was given to the Edmonton, Alberta Chapter of the J. Reuben Clark Law Society on February 26, 1999.
The Ethical Professional: Consecration In The Workplace, Constance K. Lundberg
The Ethical Professional: Consecration In The Workplace, Constance K. Lundberg
Vol. 1: Answering God's Interrogatories
This Honors Devotional was given at BYU on February 7, 1996.
Appellate Malpractice, Steven Wisotsky
Appellate Malpractice, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
The Truth About Jobs For J.D.S, Gary A. Munneke
The Truth About Jobs For J.D.S, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
In an excerpt from the latest book in theABA Career Series, the author reminds law students to open themselves to a variety of employment possibilities.
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
LLM Theses and Essays
Lawyers are facing strong competition from accounting firms in mergers and acquisitions. Finance and accounting globalization and multidisciplinary practice makes accounting firms more competent, challenging lawyers’ value. However, lawyers create enormous value in mergers and acquisitions, such as structuring the form of transactions, managing due diligence investigation, reducing the costs of acquiring and verifying information, ensuring corporations follow the relevant regulations preventing legal liabilities, and preventing antitrust issues or invoking antitrust challenge. Teamwork will facilitate mergers and acquisitions transactions. Restricted multidisciplinary practice will not affect lawyers’ and accountants’ ethics and independence. Legal education should be improved to help lawyers become …
Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry
Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry
Faculty Scholarly Works
This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …
Pennies From Heaven—Why Washington Legal Foundation V. Legal Foundation Of Washington Violates The U.S. Constitution, Kristi L. Darnell
Pennies From Heaven—Why Washington Legal Foundation V. Legal Foundation Of Washington Violates The U.S. Constitution, Kristi L. Darnell
Washington Law Review
In Washington Legal Foundation v. Legal Foundation of Washington, the Ninth Circuit Court of Appeals held that Washington's Interest on Lawyers' Trust Account (IOLTA) program did not perpetuate a "taking without just compensation" in violation of the Fifth Amendment. Even though the court acknowledged that IOLTA-generated interest was client property, the first element necessary to establish a taking, it reasoned that the appropriate subsequent analysis for this problem was the ad hoc test. Applying the ad hoc test to the IOLTA program, the court concluded that the requisite unconstitutional elements were absent. This Note argues that the Ninth Circuit …
Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram
Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram
Cornell Law Faculty Publications
It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, toward practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers everywhere. Recent events involving Enron Corporation and the Arthur Andersen accounting firm have raised new questions about the efficacy of these emerging trends and remind lawyers that these issues retain their currency.
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna
Faculty Scholarship
This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …
Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton
Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies
Protecting The Public Without Protectionism: Access, Competence And Pro Hac Vice Admission To The Practice Of Law, Peter S. Margulies
Law Faculty Scholarship
No abstract provided.
The Pursuit Of Justice: New Directions In Scholarship About The Practice Of Law, Alex J. Hurder
The Pursuit Of Justice: New Directions In Scholarship About The Practice Of Law, Alex J. Hurder
Journal of Legal Education
No abstract provided.
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Fiduciary Duty: A New Ethical Paradigm For Lawyer/Fiduciaries, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Between Law And Virtue, Joseph P. Tomain, Barbara Watts
Between Law And Virtue, Joseph P. Tomain, Barbara Watts
Faculty Articles and Other Publications
Legal ethics, professional responsibility, and professionalism are timely topics as lawyers continually reevaluate the standards of their profession, particularly in light of the challenges of multidisciplinary and multijurisdictional practice, as well as the embarrassment facing lawyers involved in and surrounding the Enron collapse. In this article, our goal is to discuss how to think and talk about ethics and professionalism. By way of preview, we need to understand that ethics and professionalism use different vocabularies and, consequently, talk past each other to some extent. Our hope is that understanding the existence of these two vocabularies helps reduce the misunderstanding. Both …
The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano
The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano
UIC Law Review
No abstract provided.
Legal Services Provision Through Non- Profit Multidisciplinary Practice – Encouraging Holistic Advocacy, While Protecting Ethical Interests, Stacy Brustin
Scholarly Articles
This Article examines the current debate on multidisciplinary practice (MDP) in the context of legal services provision in a non-profit setting and suggests ways for advocates and non-profit organizations to reap the benefits of MDP while avoiding the potential ethical pitfalls of such arrangements. Part I of the Article outlines the benefits of using a multidisciplinary model to address the legal needs of clients who are traditionally marginalized from the United States legal system. Part II explores the ethical debate surrounding multidisciplinary practice and analyzes whether the current rules of professional conduct prohibiting multidisciplinary practice apply to nonprofit organizations. Part …
The Slippery Slope From Ambition To Greed To Dishonesty: Lawyers, Money And Professional Integrity, Lisa G. Lerman
The Slippery Slope From Ambition To Greed To Dishonesty: Lawyers, Money And Professional Integrity, Lisa G. Lerman
Scholarly Articles
No abstract provided.
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna
St. Mary's Law Journal
This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …
Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Michigan Journal of International Law
In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …
Ethics, Race, And Reform, Anthony V. Alfieri
An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part Two, Susan Saab Fortney
An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part Two, Susan Saab Fortney
Faculty Scholarship
This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.
Legal Services Provision Through Multidisciplinary Practice- Encouraging Holistic Advocacy While Protecting Ethical Interests, Stacy L. Brustin
Legal Services Provision Through Multidisciplinary Practice- Encouraging Holistic Advocacy While Protecting Ethical Interests, Stacy L. Brustin
University of Colorado Law Review
No abstract provided.
Summary Of Recent Developments In Texas Legal Malpractice Law Symposium: Legal Malpractice And Professional Responsibility., Steve Mcconnico, Robyn Bigelow
Summary Of Recent Developments In Texas Legal Malpractice Law Symposium: Legal Malpractice And Professional Responsibility., Steve Mcconnico, Robyn Bigelow
St. Mary's Law Journal
Although the number of malpractice suits may not be increasing, the way plaintiffs are pleading these suits is changing dramatically and resulting in increased potential for attorney liability. Recent changes in the nature of liability led to increased potential for damages and a trend of high dollar settlements in malpractice cases. These changes may significantly impact the ability of lawyers in Texas to avoid liability while representing clients and preserving client confidences. Texas law generally limits malpractice claims to clients against their attorneys; but non-clients are increasingly succeeding in creatively pleading causes of action by alleging fraud, conspiracy, and negligent …
Ethics: Lawyering And Professionalism., Broadus A. Spivey
Ethics: Lawyering And Professionalism., Broadus A. Spivey
St. Mary's Law Journal
Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …
Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.
Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.
St. Mary's Law Journal
Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …
Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii
Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii
St. Mary's Law Journal
The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …