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The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.

Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce

Seattle University Law Review

This symposium on whether the family should be represented as an entity marks another milestone in the development of legal ethics as a field central to understanding the operation of law in our society, and not merely as a set of dry, largely irrelevant rules. It does so by acknowledging that ethical rules of lawyers who represent families have very real consequences for those families. Building on earlier efforts to address this topic, this symposium's authors confront what some commentators have described as the individualist impulse of the ethics codes and whether this impulse is beneficial or harmful to families.

Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett

Seattle University Law Review

This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Kentucky Law Journal

No abstract provided.

Notre Dame Lawyer - Fall/Winter 1998, Notre Dame Law School

Notre Dame Lawyer

A Different Kind of Ethics-Lawyers as Healers and Peacemakers

Practical Ethics
The Ethics of the Death Penalty
The Center for Civil and Human Rights-Ethics on a Global Scale
Legal Research and Ethics
Social Justice and Professional Responsibility
Clinical Ethics-Ethics in the Law-Office Setting
Encouraging a Higher Standard

Healing and Peacemaking: Alternative Methods of Dispute Resolution

After Hours: With My Dad by Deborah Bauer

In Re Sealed Case: The Attorney-Client Privilege - Till Death Do Us Part, Casey Nix

Villanova Law Review (1956 - )

No abstract provided.

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy

St. Mary's Law Journal

Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …

Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs

Seattle University Law Review

The hypotheticals prepared for this special symposium issue ask if a lawyer can provide legal services to a family when one family member yields major decision-making authority to another family member. At stake is the disposition of significant individual and family assets. The traditional model of legal representation would require each family member to have an advocate protecting and promoting his or her individual interests while negotiating a reasonable accommodation of the other family members' interests. The challenge presented by the hypotheticals is whether an attorney can simultaneously represent apparent multiple interests without violating ethical provisions.

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Opening Remarks, John D. Feerick

Fordham Urban Law Journal

Opening Remarks to "The Future of Legal Services: Legal and Ethical Implications of the LSC Restrictions"

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: Interpretations Of Lsc Restrictions, Matthew Diller, Alan W. Houseman

Fordham Urban Law Journal

The purpose of this talk is to set a framework for the discussions on the four panels. I will begin by discussing what has happened in the 104th Congress, describe what can and cannot be done under the restrictions imposed by that Congress, and then frame the context for the later discussions.

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Legislative Issues Panel, Steven Epstein

Fordham Urban Law Journal

Each speaker is going to deliver some opening remarks followed by an open discussion with the audience. The Legislative Panel includes Alexander Forger, Dwight Loines, Dennis Saffran and Alan Houseman.

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Implementation Issues Panel, Staci Rosche

Fordham Urban Law Journal

A distinguished panel including Shirley Traylor, Jill Boskey, Valerie Bogart and Lucy Billings will describe how they have been directly affected in implementing the restrictions that have been handed down and how they have made their lives a little bit harder.

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche

Fordham Urban Law Journal

This article seeks to address issues of lawyering under Legal Services Corporation (LSC) restrictions . We organized the conference as part of Fordham's Advanced Seminar in Ethics and Public Interest Law. We comprised a student working group in the class who worked to organize the conference with the Legal Aid Society and the Stein Center for Ethics and Public Interest Law. The conference, held on May 30, 1997, brought together practitioners, academics, and law students to discuss the delivery of legal services under the federal restrictions. In the remarks that follow, participants address the issues germane to lawyering under the …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger

Fordham Urban Law Journal

This address focuses on what is the future of legal services? There will always be the ability to provide legal services for many of those in need. We are never going to reach all eligible clients or resolve all their problems. But it is essential to keep pressure on the federal government to play its essential role. How can it walk away from all of the mandates in our fundamental documents and leave it to charity to assume access to justice? There could be no more nobler cause with which to be associated, and no more dedicated and heroic figures …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller

Fordham Urban Law Journal

There have been three lawsuits brought that deal with these constitutional issues, two challenges to the Regulations and one opposition to a motion to withdraw, which was the VarshavskyI case that Valerie Bogart talked about. The decision in the Varshavsky case is outside. There is also a preliminary injunction decision from the case brought in Hawaii,2 of which Steve Shapiro is one of the counsel, and that decision is outside. And then, still pending is a decision on a preliminary injunction motion in a case called Velasquez,3 which was brought in the Eastern District of New York. Here to address …

The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce

Fordham Urban Law Journal

This panel focuses on the ethical issues relating to the restrictions, and speakers include Helaine Barnett, Emily Sack, Steve Ellmann and Stephen Gillers.

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Law Faculty Scholarly Articles

This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.

Lawyer Discrimination Against Clients: Outright Rejection--No; Limitations On Issues And Arguments-Yes, Sam Stonefield

Faculty Scholarship

The issue of lawyer discrimination brings new perspectives to traditional topics like the practice of law, the role of the lawyer and the relationship with, and rights of, the client. It forces us to examine the nature of lawyer discretion, the limits of that discretion and the consequences of trying to regulate that discretion. The examinationis a daunting task. This essay offers an approach that attempts to protect both the prohibition against discrimination and the practice of law and to accommodate the tension that necessarily accompanies this effort. It suggests that the best solution is to prohibit lawyers from discriminating …

Slashing And Burning Prisoners' Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.

Client Beware: The Need For A Mandatory Written Fee Agreement Rule, Lawrence A. Dubin

Oklahoma Law Review

No abstract provided.

United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon

Oklahoma Law Review

No abstract provided.

Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Conflicts For Sports And Entertainment Attorneys: The Good News, The Bad News, And The Ugly Consequences, John A. Walton

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

Journal Articles

The comparison I have in mind is between what goes on at Notre Dame and what goes on in one of Professor James Boyd White's law and literature classes at the University of Michigan. Both classes use provocation. White provokes his students with an array of assigned readings, all of them about people, not all of them about law, ranging from Homer and Plato to Fowler on the split infinitive and the autobiography of Dick Gregory. We provoke our students with a parade of accounts from our members, accounts of people they think they can help.

White's enterprise is, I …

Lawyers' Identities, Client Selection And The Antidiscrimination Principle: Thoughts On The Sanctioning Of Judith Nathanson, Bruce K. Miller

Faculty Scholarship

The Author discusses how the Massachusetts Commission Against Discrimination might justifiably apply the Public Accommodations Statute to the client selection practices of some, perhaps many, lawyers. But it should leave Judith Nathanson alone. Nathanson's decision to represent only women in divorce cases is protected by the First Amendment, not because she is entitled as a lawyer to indulge whatever biases she chooses in her selection of clients, but because, as a lawyer of integrity who has melded her personal values and professional skills in service to the profession's best ideals, she is entitled to represent her chosen clients as she …

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Scholarly Works

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …

Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann

Articles & Chapters

No abstract provided.