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The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky

Contributions to Books

Published as Chapter 3 in The Cambridge History of Law in America, Volume II, The Long Nineteenth Century (1789–1920), Michael Grossberg & Christopher Tomlins, eds.

The American legal profession matured and came to prominence during the century prior to the Civil War. Before the Revolution, across some 150 years, lawyers in different colonies underwent different experiences at different times. By the beginning of the eighteenth century, more lawyers were entering professional life. After the revolution and the defection by the Tory lawyers, the remaining quickly burnished their images in the glow of republican ideals while grasping new market opportunities. For …

Was It Good For You Too? Conversation Analysis Of Two Interviews, Linda F. Smith

Kentucky Law Journal

No abstract provided.

Effects Of Reputation On The Legal Profession, Fred C. Zacharias

Washington and Lee Law Review

This Article considers how the reputation of lawyers and signaling between lawyers and clients affects the impact of legal ethics rules. Academics who have written about the relationships between lawyers and clients have not adequately considered the influence of reputational signaling on who clients hire and on lawyers' implementation of discretion. These empirical issues are key to a proper analysis of many professional rules and to the approach bar associations should take to matching lawyers and clients. The Article will focus primarily on lawyers' reputations as a proxy for what clients want, or need, to know about their representatives. Part …

Will The Law Society Of Alberta Celebrate Its Bicentenary?, Harry W. Arthurs

Articles & Book Chapters

External changes - in demography and economy, in the domestic and global organization of power - are transforming the knowledge base of Canada's legal profession, the relations amongst lawyers and between lawyers and their "relevant others, " and indeed the very notion oflegal professionalism. This article explores the implication of these changes for the future of the profession 's governing bodies.

Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana

NYLS Law Review

No abstract provided.

Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith

Cardozo Journal of Equal Rights & Social Justice

The article presents a longitudinal study of Yale Law School graduates from 1970 to 1999, analyzing their career paths, job satisfaction, and gender differences in professional experiences. It highlights the prevalence of career transitions, with many graduates moving from private practice to academia, government, or public interest roles. The study reveals significant gender disparities in job satisfaction and work-life balance, while challenging common assumptions about legal careers, such as the notion that women abandon private practice more frequently than men. The analysis underscores the importance of understanding career dynamics to improve support systems for law graduates.

Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines

Faculty Works

When children are the subject of dependency, adoption or guardianship proceedings, protecting those children requires attention to a variety of interests. Children need a voice: an advisor and an advocate whose judgment is unclouded by conflicting interests. Courts need information that the adult parties to the proceedings may not easily discover or willingly provide. The families and social services agencies need monitors and mediators. The attorney guardian ad litem (GAL) is, in many situations, called upon to meet all these needs. During the past decade, major academic conferences and professional organizations have devoted thousands of hours to developing standards of …

Fundamental Principles And Challenges Of Humanizing Legal Education, Barbara Glesner Fines

Faculty Works

No abstract provided.

Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr.

NYLS Law Review

No abstract provided.

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.

The Clinical Year, Stephen Ellmann

NYLS Law Review

No abstract provided.

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Faculty Scholarship

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …

Introduction, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith

Publications

If one talks to law students about the their career expectations, one is likely to hear a common story: when the student graduates, she plans to go into private practice, or possibly take a government job, or even less probably, take a public interest job. The students think their initial choices of legal jobs set them on a career trajectory that is fairly immutable. However, the students' beliefs may not be based on actual information about how lawyers choose their career paths.

This empirical study of 2800 lawyers who graduated from law school between 1970 and 1999 analyzes whether lawyers …

The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson

All Faculty Scholarship

The practice of law is changing. Lawyers who act solely as advocates and zealous representatives of clients in legal matters still represent the core of what lawyers do and of how many lawyers see their work, but other trends are filtering into "on the ground" practice. Increasing numbers of lawyers are mediating, consulting on traditionally non-legal issues, and approaching clients' needs "holistically" by associating with and integrating other professional services. These trends cut across virtually all segments of the profession, from prosecutors and criminal defense lawyers, to lawyers whose practices involve, among other things, public interest work, personal injury, family …

The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin

Osgoode Hall Law Journal

There is a clear public interest benefit for lawyers to ensure access to the rule of law, especially on the part of the vulnerable. This article seeks to show that the seemingly simple relationship between the legal profession and the public interest is in fact more complicated than it looks. Pro bono may be viewed from two perspectives-that of the lawyer and that of the client. From the perspective of the lawyer, the important question is whether there is ethical motivation to engage in pro bono. If, however, the perspective of the client is paramount, then meeting the client's needs …

In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson

Osgoode Hall Law Journal

While considerable thought and effort have been put into exploring and fixing the ethical rights and professional responsibilities of private Lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical …

Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft

Articles by Maurer Faculty

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

Globalization And The Business Of Law: Lessons For Legal Education, Carole Silver, David Van Zandt, Nicole De Bruin Phelan

Articles by Maurer Faculty

Whether working for global or local organizations, lawyers today are increasingly faced with the prospect of working with colleagues and competitors who are diverse in terms of nationality, education and training, and with clients whose problems may be as locally-focused as a Chicago zoning matter or as distant as the acquisition of one non-U.S. company by another. The global forces shaping business and the practice of law are felt in legal education, too, and U.S. law schools occupy a leading role in educating domestic and non-U.S. students for practice in the transnational marketplace. In spite of this, however, the core …

Working Class Judges, William D. Henderson, Christopher J. Zorn, Jason J. Czarnezki

Articles by Maurer Faculty

In recent years, a steady chorus of dignitaries has decried the low pay of federal judges and suggested that the federal judiciary is on the brink of losing its best and its brightest. The persistent nature of these claims should give us pause. Scott Baker's recent study empirically evaluates these claims by examining the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. If large pay disparities are indeed eroding the quality of the federal bench, Baker theorizes this likely results in more ideological voting, fewer dissents, longer delays in issuing opinions, and a …

International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Cone Iii.

Articles & Chapters

This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP")1 and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 2(hereinafter "U.K. Act"), will then …

The Impact Of Computers On The Legal Profession: Evolution Or Revolution?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

(Un)Covering Identity In Civil Rights And Poverty Law, Anthony V. Alfieri

Articles

No abstract provided.

Clark Memorandum: Fall 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Packing Your Briefcase (Deanell Reece Tacha)
• Religiously Affiliated Law Schools (Kevin J Worthen)
• Peacemaking (Chieko N. Okazaki)
• Telling Our Stories of Jesus (Tessa Meyer Santiago)

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.

Why Practice Management?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Today, lawyers must regard the practice of law as a business, inasmuch as they earn their livelihood from the practice of law. The marketplace for legal services is a competitive one; not only has the size of the profession more than quadrupled in the past 50 years, but other professions and businesses have also begun to perform services traditionally restricted to lawyers. For example, accounting firms have encroached on tax litigation, banks in the trusts and estates area, and financial planners in estate planning. In a series of cases, the United States Supreme Court has made it clear that lawyers …

Kidsvoice: A Multidisciplinary Approach To Child Advocacy, Scott Hollander, Jonathan Budd

University of Michigan Journal of Law Reform

There is growing recognition that effective child advocacy requires a broad range of knowledge that often goes well beyond the legal needs of the child. This Essay details the multidisciplinary approach to child advocacy that KidsVoice, a Pittsburgh legal services organization representing almost 5000 dependent children each year, has implemented to better develop uniquely tailored recommendations regarding which placement and services might create better possibilities of success for each child and family.

The Advocate Vol. 12 No. 2

The Advocate

No abstract provided.

Convocation On The Face Of The Profession: Judicial Institute On Professionalism In The Law, Stephen J. Friedman

Pace Law Review

No abstract provided.