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Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1969 the Kentucky Supreme Court adopted the American Bar Association's Code of Professional Responsibility as the disciplinary rules binding upon attorneys practicing in the state. The Court adopted the Code as an apparent attempt to provide the Kentucky bench and bar the certainty and guidance offered by a codification of the frequently subjective and occasionally nebulous body of law known as legal ethics. The Court used particular language in its rule adopting the Code, however, which renders uncertain the precise status of the Code in Kentucky. As a result, a conscientious practitioner in Kentucky cannot confidently look to the …

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Law Faculty Scholarly Articles

In the face of persistent criticism of the legal profession, from within as well as without, the Kentucky Supreme Court exhibits a certain degree of ambivalence toward issues of professional responsibility. This ambivalence manifests itself in two ways.

First, the Court's treatment of different categories of professional misconduct seems at times unjustifiably inconsistent. The Court reacts to certain misconduct in an almost uniformly harsh manner, evincing the attitude of a strict disciplinarian for the practicing bar. Occasionally, however, the Court responds to various other kinds of equally gross misconduct with apparently undue leniency. In such cases the Court seems to …

Lawyer Advertising: Permissibility Of Indicating The Nature Of Legal Practice In Advertisements, Kenneth J. Alcott

University of Richmond Law Review

Canon 27 of the ABA Canons of Professional Ethics, adopted by the American Bar Association in 1908, provided that it was "unprofessional" for lawyers to advertise or solicit professional employment. This prohibition made sense in a time when most lawyers were general practitioners and communities were small, so that a lawyer's reputation was well known. However, the increasing size and complexity of both society and the law have made it necessary for lawyers to select certain areas of law in which to practices in order to develop the expertise necessary to deal with today's complex legal issues. A corresponding need …

Ethical Issues In The Representation Of Individuals In The Commitment Process, Michael L. Perlin, Robert Sadoff

Articles & Chapters

No abstract provided.

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Moral Theology In Legal Ethics, Thomas L. Shaffer

Journal Articles

I am talking at a Lutheran university and therefore should probably have some theses, some propositions that I could nail to the chapel door. But I'm afraid I have failed Martin Luther: I have only one thesis and it is not ready for a nail. It is still as much a question as a thesis. My question is whether there is any point in including moral theology in the study of legal ethics in the university. Let me be candid: I teach the typical required course in "professional responsibility," and I do a lot of writing on ethics, and I …

A Gathering Of Legal Scholars To Discuss The Professional Responsibility And The Model Rules Of Professional Conduct: Panel Discussion

University of Miami Law Review

No abstract provided.

The Function Of A Code Of Legal Ethics, L. Ray Patterson

University of Miami Law Review

The traditional view that the function of a code of legal ethics is to define the duties of lawyers and the rights of clients is based on the perception of the lawyer-client relationship as one of simple agency in which the lawyer has the utmost duty of loyalty to the client. The author suggests, however, that this perception is a fallacy that, by overlooking the fact that clients also have duties and lawyers also have rights, can result in antilegal rules of ethics. This result can be escaped, the author proposes, by integrating rules of ethics and rules of positive …

Evaluation Of A Bar Applicant's Moral Character: May A State Consider The Circumstances Surrounding A Discharge In Bankruptcy, William Owen Weiss

Indiana Law Journal

No abstract provided.

A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith

University of Miami Law Review

Despite the efforts of ardent advocates such as Chesterfield Smith, former president of the American Bar Association, the legal profession has continually failed to adopt a rule requiring mandatory pro bono services. In this article, Mr. Smith proposes a definitive, yet flexible, pro bono rule to govern lawyers' conduct. The author explains that the flexible nature of such a rule will accommodate the individual circumstances of members of the bar while serving the needs of society.

Legal Malpractice—Expansion Of The Standard Of Care: Duty To Refer—Horne V. Peckham, 97 Cal. App. 3d 404, 158 Cal. Rptr. 714 (1979), Karen J. Feyerherm

Washington Law Review

This note analyzes the Home court's reasoning in expanding the standard of care in legal malpractice actions to include a duty to refer and in holding attorneys to the same standard of care as physicians. This note also evaluates the considerations relevant to distinguishing "specialist" cases from "generalist" cases and the need for expert testimony in determining liability for failure to refer.

Retaining Traditional Tort Liability In The Nonmedical Professions, Carl S. Hawkins

BYU Law Review

No abstract provided.

Alternatives To The Tort System For The Nonmedical Professions: Can They Do The Job?, Kenneth S. Abraham

BYU Law Review

No abstract provided.

Lawyers Are People Too..., Donald L. Burnett Jr.

Articles

No abstract provided.

An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.

Ethics, Marshall J. Breger

Scholarly Articles

No abstract provided.

The Proposed Revisions Of The Code Of Professional Responsibility: Solving The Crisis Of Professionalism, Or Legitimating The Status Quo, Mary Joe Frug

Villanova Law Review (1956 - )

No abstract provided.

In Support Of The Proposed Model Rules Of Professional Conduct, Robert B. Mckay

Villanova Law Review (1956 - )

No abstract provided.

Revision, Not Rejection, Is The Way To Modernize The Code Of Professional Responsibility, Allen B. Zerfoss

Villanova Law Review (1956 - )

No abstract provided.

Symposium Proceedings, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Lawyer Competence And The Law Schools, Roger C. Cramton

University of Arkansas at Little Rock Law Review

No abstract provided.

Final Draft Of The Model Rules Of Professional Conduct, American Bar Association

American Bar Association Historical Documents on Ethics

This pullout supplement to the October, 1981 issue of the American Bar Association Journal contains the final draft of the Model Rules of Professional Conduct as prepared and published by the American Bar Association Commission on Evaluation of Professional Standards on May 30, 1981. Because of space limitations, “Legal Background” notes, certain tables, and the index that appear in the Commission's publication have been omitted from this supplement. The Commission also has issued the Model Rules in an alternative draft in the format of the Model Code of Professional Responsibility.

Mandatory Pro Bono: Historical And Constitutional Perpectives, Steven B. Rosenfeld

Cardozo Law Review

In January 1980, the American Bar Association's Commission on Evaluation of Professional Standards circulated a discussion draft of the Model Rules of Professional Conduct. If adopted by the ABA House of Delegates, the Model Rules would replace the current ABA Code of Professional Responsibility. The 1980 discussion draft generated considerable controversy; Rule 8.1 of the 1980 draft, which Mr. Rosenfeld's Article bears upon, mandated a public interest legal service obligation for all practicing attorneys, and was one of the most controversial features of the Model Rules. Simultaneously, a Special Committee of the Association of the Bar of the City of …

The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm

Washington and Lee Law Review

No abstract provided.

Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr.

University of Richmond Law Review

In seeking the advice of legal counsel, the corporation may, out of necessity, communicate through its representatives confidential secrets about its conduct in business. As is the case with individuals, it is well settled that a corporation may avail itself of the evidentiary privilege which allows concealment of such confidential communications. This so-called attorney-client privilege is the oldest of the privileges for confidential communications known to the common law. However, its application in the corporate context has been quite unpredictable for the past twenty years.

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Kentucky Law Journal

No abstract provided.

Save The Legal Services Corporation, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Legal Services For Poor People, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Client-Lawyer Confidentiality, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Report And Recommendations On Study Of The Model Rules Of Professional Conduct (Discussion Draft Of January 30, 1980), National Organization Of Bar Counsel

Miscellaneous Materials

No abstract provided.