Digital Commons Network^™

Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed

Seattle University Law Review

This Comment briefly discusses the history of Washington v. Seattle School District No. 1, and then demonstrates the difficulties in applying the present ABA Code of Professional Responsibility to certain ethical questions that can arise when the government changes its allegiance in the midst of litigation. The ethical propriety of the Department of Justice's actions is examined, and alternatives are proposed for situations in which the United States, represented in court by the Justice Department, switches sides in the same case.

Kentucky Law Survey: Professional Responsibility, Paul C. Van Booven

Kentucky Law Journal

No abstract provided.

Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker

Seattle University Law Review

This Comment first explores reasons for the rare application of fee disgorgement as a disciplinary measure. It then examines the contexts under which courts deprive attorneys of their fees in both nondisciplinary and disciplinary proceedings. This Comment concludes that, in many cases, disgorgement of fees as a disciplinary action for attorney misconduct would most effectively protect the public, deter unethical conduct, and restore confidence in the legal profession.

The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser

University of Baltimore Law Forum

No abstract provided.

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.

Visions Of Practice In Legal Thought, William H. Simon

Faculty Scholarship

This essay contrasts the vision of law practice expressed in the established professional culture with a vision derived from recent Critical legal writing.

Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris

University of Miami Law Review

Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations

Legal Competence Yesterday And Tomorrow, Leon E. Trakman

Dalhousie Law Journal

Attacks have been lodged against the legal profession for many years, indeed, since even before Shakespeare commented in Henry VI, "The first thing we do, let's kill all the lawyers." However, it is only more recently, with the growth of mass education and public awareness and with technological advances, that suspicions of the incompetence of lawyers has arisen again with a vengeance. Some would credit this new trend to the condemnation of alleged incompetence among trial lawyers by Chief Justice Burger of the American Supreme Court. But to limit the attack on lawyers to this Chief Justice is to ignore …

Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law

West Virginia Law Review

No abstract provided.

Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.

University of Michigan Journal of Law Reform

This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …

The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert

Buffalo Law Review

No abstract provided.

Signs Of Progress: Legal Education, 1982, David F. Cavers

Journal of Legal Education

No abstract provided.

Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr.

University of Baltimore Law Forum

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel

Cardozo Law Review

No abstract provided.

An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.

Rethinking The Legal Profession's Approach To Collective Self-Improvement: Competence And The Consumer Perspective, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong

University of Baltimore Law Forum

No abstract provided.

Voluntary Admission Of Minors To Mental Hospitals In Texas: A Proposal., Jane S. Snow

St. Mary's Law Journal

Abstract Forthcoming.

Professional Responsibility—Lawyer Advertising—Restrictions Must Be Narrowly Drawn To Serve Substantial State Interest, James Gerard Schulze

University of Arkansas at Little Rock Law Review

No abstract provided.

Report With Findings And Recommendations To The Conference Of Chief Justices From Its Task Force On Lawyer Competence, Conference Of Chief Justices

Miscellaneous Materials

This report is the result of three years of effort by the Conference of Chief Justices Task Force on Lawyer Competence (and former committees under a different names} to exam1ne the evidence concerning the general performance of the legal profession and to evaluate the various proposals made for enhancing it.

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …

Attorney Malpractice: Problems Associated With Failure-To-Appeal Cases, Justin Stillwell White

Buffalo Law Review

No abstract provided.

Letting The Market Control Advertising By Lawyers: A Suggested Remedy For The Misled Client, James R. Devine

Buffalo Law Review

No abstract provided.

A First-Year Course In The "Lawyering Process", Paul Brest

Journal of Legal Education

No abstract provided.

Disqualification For Conflicts Of Interest And The Legal Aid Attorney, Marshall J. Breger

Scholarly Articles

This Article analyzes the effect of doctrinal developments regarding disqualification of counsel for conflicts of interest' on the practice of legal aid. "Conflict of interest" is the term used by lawyers to describe situations in which an attorney is unable to represent or to continue representing a client because of a competing allegiance. Although such conflicts may result from the personal or financial self-interest of attorneys, this Article focuses primarily on those conflicts which arise out of the intrusion of competing allegiances caused by clients with adverse or potentially adverse interests.

After considering the impact of the conflict of interest …

Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston

Kentucky Law Journal

No abstract provided.

Confidentiality And The "Dangerous" Patient: Implications Of Tarasoff For Psychiatrists And Lawyers, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

This essay examines the role conflict of the professional whose patient or client may be “dangerous” to others, and the ways in which professional standards of ethics and practice, incorporated by judicial ruling, contribute to that role conflict. The paper's focus is on the plight of the psychiatrist, but it also addresses the strain felt by the lawyer who either represents such a client or is asked to advise a psychiatrist who has such a patient. It suggests that health-care providers are not altogether justified in assigning sole responsibility for some of their professional difficulties to the law's incursions on …