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Toward A Theory Of Reciprocal Responsibility Between Clients And Lawyers: A Comment On David Wilkins’ Do Clients Have Ethical Obligations To Lawyers? Some Lessons From The Diversity Wars, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

On my plane flight to attend the American Association of Law Schools meeting at which Professor David Wilkins presented his paper, Do Clients Have Ethical Obligations to Lawyers? Some Lessons From the Diversity Wars, the pilot requested passengers to "assist the flight attendants in their principal duty of providing safety to all passengers," following a recent incident with mid-flight turbulence in which one person died and several were injured. The pilot reminded us that "service" was only a secondary function of the flight attendants, with their principal duty being to ensure that all of us traveled and arrived safely, …

We've Got A Secret: Competence And Confidentiality In The '90'S, Oregon Law Institute, Peter R. Jarvis, Stephen R. Moore, Jeffrey D. Sapiro, Bradley F. Tellam, Mark J. Fucile

Oregon Law Institute, 1997

Course materials from the December 5, 1997 program in Portland

Screen Verité: Do Rules About Ethical Screens Reflect The Truth About Real-Life Law Firm Practice?, Lee A. Pizzimenti

University of Miami Law Review

No abstract provided.

Limiting Lawyer Liability In West Virginia, Michael T. Escue

West Virginia Law Review

No abstract provided.

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Washington and Lee Law Review

No abstract provided.

Lawyer,Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearingon Professionalism , Susan Daicoff

American University Law Review

No abstract provided.

The Legal Advice Requirement Of The Attorney-Client Privilege: A Special Problem For In-House Counsel And Outside Attorneys Representing Corporations, Grace M. Giesel

Mercer Law Review

The attorney-client privilege protects certain communications between attorney and client from compelled disclosure. The privilege applies to clients who are individuals as well as to corporate clients. The lawyers providing legal services to corporations may be outside attorneys who are employees of law firms. Many corporations, however, rely on in-house attorneys for many, if not all, of their legal needs. Often, in-house attorneys have official responsibilities that involve them in the management of the company. Even if the attorneys do not have official nonlegal responsibilities, the corporation may seek the opinion of inhouse attorneys with regard to all sorts of …

Notre Dame Lawyer - Spring 1997, Notre Dame Law School

Notre Dame Lawyer

Kevorkian and Women-Kaveny

How Many "Rights" Make a Wrong?-Kmiec

After Hours
Dean Pratt-Guide on the Road to Rhodes

Justice Antonin Scalia Visits NDLS

McCafferty Celebration

Faculty Profile: Frank Booker

The McCafferty stained-glass window description

The story of the "Back Row Bombers" and the pennants in the "Pit" of the old Law School

Organizational Determinants Of Law Firm Integration , Elizabeth Chambliss

American University Law Review

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Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn

Michigan Law Review

Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

The 1996 Florida Administrative Procedure Act's Attorney's Fees Reforms: Creating Innovative Solutions Or New Problems?, Elizabeth C. Williamson

Florida State University Law Review

No abstract provided.

This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal

UIC Law Review

No abstract provided.

A Letter From Appalachia, Deborah A. Schmedemann

Faculty Scholarship

The author describes a sabbatical spent working with the Appalachian Research and Defense Fund of Kentucky and volunteering as an adult literacy tutor. She describes the difficulties that face many people in that area who are in need of legal action and representation, and notes the importance of funding for legal aid for the poor.

Annual Survey Of Virginia Law: Professional Responsibility, James M. Mccauley, Michael L. Rigsby

University of Richmond Law Review

On October 18, 1996, the Virginia State Bar Council (Council) approved a change in the format of the Code of Professional Responsibility (Code) from canons, disciplinary rules, and ethical considerations to the Model Rules of the American Bar Association (Model Rules). The first twenty-one rules, Model Rules 1.1 through 2.5, were approved in substance with some amendments at the Council's meeting on June 19, 1997. This approval represents approximately one-third of the conversion from the Code to the Model Rules. The second installment of the conversion was approved by Council at its October 1997 meeting. Notwithstanding Council's approval of this …

Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green

Faculty Scholarship

We who teach legal ethics employ many of the teacher's arts to win our students' appreciation for the course. We do not always succeed. As Deborah Rhode has observed, "[t]here are inherent problems and infinite ways to fail in teaching this subject." Yet, we continue to seek a method for teaching the course effectively. If nothing else, our efforts have led to the development of a substantial body of literature on teaching legal ethics to which this Article will contribute. Its focus is on what, rather than how, to teach. This Article asks: What should be the content of the …

Washington Legal Foundation V. Texas Equal Access To Justice Foundation: Is There An Iota Of Property Interest In Iolta, Brennan J. Torregrossa

Villanova Law Review (1956 - )

No abstract provided.

Game Theory And Nonrefundable Retainers: A Response To Professors Croson And Mnookin, Lester Brickman, Lawrence A. Cunningham

Articles

In the inaugural issue of the Harvard Negotiation Law Review, Professors David Croson and Robert Mnookin attempt a game-theoretic defense of the nonrefundable retainer. A nonrefundable retainer is an attorney fee arrangement that requires a client to pay her lawyer a specified dollar amount in advance and entitles the lawyer to keep the fee even if he does no work. For nearly a decade, we have argued that nonrefundable retainers are unethical as a matter of professional responsibility and unenforceable as a matter of law. In the last few years, numerous courts have evaluated the enforceability of these agreements, choosing …

Ethics, Professionalism, And Meaningful Work, William H. Simon

Faculty Scholarship

Much of the anxiety and dissatisfaction associated with legal ethics arises from the categorical quality of the bar's dominant norms. These norms take the form of relatively inflexible rules insensitive to all but a few of the circumstances of the cases they govern. Hence they often require the lawyer to take actions that contribute to injustice or to refrain from actions that would avert injustice.

For example, many lawyers believe that a criminal defender is obliged to impeach a truthful complaining witness even though the only immediate purpose of this tactic is to encourage the trier to draw a mistaken …

Ethics In Alternative Dispute Resolution: New Issues, No Answers From The Adversary Conception Of Lawyers’ Responsibilities, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The romantic days of ADR appear to be over. To the extent that proponents of ADR, like myself, were attracted to it because of its promise of flexibility, adaptability, and creativity, we now see the need for ethics, standards of practice and rules as potentially limiting and containing the promise of alternatives to rigid adversarial modes of dispute resolution. It is almost as if we thought that anyone who would engage in ADR must of necessity be a moral, good, creative, and, of course, ethical person. That we are here today is deeply ironic and yet, also necessary, as "appropriate" …

Introduction: What Will We Do When Adjudication Ends? A Brief Intellectual History Of Adr, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

I begin by thanking the UCLA Law Review, and particularly Darrin Mollet and Bryce Johnson, for seeing the timeliness of the topic of alternative dispute resolution and organizing this Symposium-collecting some of the best thinkers, writers, and practitioners in the field to discuss, among other things, the economics of ADR, the role of lawyers, courts, and judges in ADR, and the application of ADR to a variety of substantive legal and regulatory problems. In this Introduction, I would like to introduce the topics and the authors, and put them in the larger context of the movement that is now called …

Indentifying And Resolving Conflicts Of Interest In Representing Multiple Parties In Planning, Compliance, And Controversy Matters, Paula M. Junghans

William & Mary Annual Tax Conference

No abstract provided.

Protecting Those Who Cannot Protect Themselves: Ethically Representing The Impaired Client, Oregon Law Institute, Stephen R. Moore, Jeffrey D. Shapiro, Steven Charles Smith, Susan M. Svetkey, Laurah Sebastian, Peter R. Jarvis

Oregon Law Institute, 1996

Course Materials from the December 6, 1996 Program in Portland

Supreme Court Pronouncements On The Conduct Of Lawyers, Ruth Bader Ginsburg

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Class Action Against Class Counsel, Susan P. Koniak

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Year: 2075, The Product: Law, Stephen Gillers

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Legal Ethics: The Core Issues - Conference Faculty Selected Publications

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Searching For New "Particles" In The Law Of Lawyering: Recent Developments In The Attribution Of "Clienthood", Theodore J. Schneyer

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Life And Death Lawyering: Dignity In The Absence Of Autonomy, Teresa Stanton Collett

Journal of the Institute for the Study of Legal Ethics

No abstract provided.