Digital Commons Network^™

Balancing Consumer Interests In A Digital Age: A New Approach To Regulating The Unauthorized Practice Of Law, Cristina L. Underwood

Washington Law Review

States have traditionally relied on unauthorized practice of law statutes and court rules to restrict nonlawyers from providing legal services. A majority of courts assess compliance with these statutes by applying set practice of law definitions and restrictive court precedent to nonlawyer activity. These methods of enforcement have failed to balance consumer protection concerns with the public's need for access to affordable legal services. Most state practice of law definitions have proven inflexible, broadly barring the practice of law by nonlawyers, with few exceptions. Courts interpreting unauthorized practice statutes have created bright-line rules that favor consumer protection, failing to incorporate …

The Advocate

The Advocate

No abstract provided.

The Advocate

The Advocate

No abstract provided.

Cooperation And Self-Interest Are Strange Bedfellows: Limited Waiver Of The Attorney-Client Privilege Through Production Of Privileged Documents In A Government Investigation, Ashok M. Pinto

West Virginia Law Review

No abstract provided.

Uk Law Notes, 2004, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Ethical World Of Solo And Small Law Firm Practitioners, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.

Celebrating A Diamond Anniversary: Pennsylvania Bar Association Quarterly Volumes 1-74 (1929-2003): A History, Joel Fishman

Law Faculty Publications

In celebrating the seventy-fifth year anniversary of the Pennsylvania Bar Association Quarterly, a description and some commentary upon this leading periodical of the state bar association deserve attention.¹ The Quarterly’s publication history is fairly straightforward. The first issue was published in June 1929. In the first ten years, issues were numbered from one to forty until June 1939 and so for bibliographical purposes, volumes are not included in the citations.2 Beginning in 1939-40, the volume number (11 ) was added. In the first four years the Quarterly was published in June, September, December, and March and changed to …

"Bonded & Insured?": The Future Of Mandatory Insurance Coverage And Disclosure Rules For Kentucky Attorneys, Nicholas A. Marsh

Kentucky Law Journal

No abstract provided.

Five Years Later: Reconsidering The Original Aba Report On Mdp, Sydney M. Cone Iii.

Articles & Chapters

Reconsidering the original report issued in 1999 by the ABA Commission on Multidisciplinary Practice, this essay suggests that that report properly attempted to deal with questions of legal ethics that might arise if the practice of law by lawyers were integrated into an enterprise in which nonlawyers had a significant degree of ultimate control, but that the commission, perhaps because of undue time pressure, neglected to pursue these questions deeply enough. This essay suggests that more was needed than a proposed mechanism for self-certification of compliance with rules of legal ethics, coupled with possible review of compliance. The "more" that …

The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell

Publications

No abstract provided.

Religious Lawyering In A Liberal Democracy: A Challenge And An Invitation William A. Brahms Lecture On Law & Religion, Russell G. Pearce

Faculty Scholarship

At a time when many believe that law is no longer a noble profession, many lawyers see no reason to devote time and energy to promoting the public good. Religious lawyering may offer a powerful antidote: a robust framework for lawyers to integrate into their professional lives their most deeply rooted values, perspectives and critiques, and persuasive reasons to improve the quality of justice and work for the common good. At its best, religious lawyering echoes Martin Luther King's advice to the street sweeper. How wonderful it would be, indeed, if we practiced law so well that the host of …

Vol. 8 #1

The Advocate

No abstract provided.

Counselor, Gatekeeper, Shareholder, Thief: Why Attorneys Who Invest In Their Clients In A Post-Enron World Are "Selling Out," Not "Buying In,", A. Christine Hurt

Faculty Scholarship

No abstract provided.

Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin

Cardozo Law Review

No abstract provided.

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman

Cardozo Law Review

No abstract provided.

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver

Faculty Scholarly Works

The ABA Section of International Law’s Transnational Legal Practice [TLP] Committee prepared this summary of the most significant TLP developments in 2002. The bulk of this article focused on two sets of developments; 1) the work of the ABA Commission on Multijurisdictional Practice or ABA MJP Commission; and 2) developments related to the treatment of legal services in the World Trade Organization under the General Agreement on Trade in Services or GATS. (Additional developments that were mentioned included initiation of U.S. free trade agreements with Chile and Singapore, Japan’s new joint enterprise law, which allowed certain types of association among …

The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters

Law Faculty Scholarship

This article celebrates the 25th anniversary of the publication of Gary Bellow and Bea Moulton's The Lawyering Process by looking at the work from personal and theoretical perspectives. From the personal perspective, the authors discuss how The Lawyering Process influenced them as teachers and scholars. From the theoretical perspective, the authors show how the book modeled various metacognitive processes. Combining the personal with the theoretical, the article shows how The Lawyering Process challenged lawyers to be-come aware of their own thinking by demonstrating how it challenged the authors to do so.

Fall 2003

Bill of Particulars

No abstract provided.

Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser

University of Michigan Journal of Law Reform

This Article examines the debate over multidisciplinary practice in the wake of the collapse of Enron and Arthur Andersen. Part I addresses the history of the scholarly debate about multidisciplinary practice in the United States. It discusses the focus on large multidisciplinary firms, feared threats to independent professional judgment, and the current rule concerning lawyers and multidisciplinary practice.

Part II examines the reasons for allowing multidisciplinary practice. The author argues that client demand, lawyer demand, and policy reasons all provide valid reasons for permitting "one-stop" shopping. Part I also discusses existing forms of multidisciplinary practice. The author argues that the …

Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman

Articles

The article critically examines the impact of contingency fees on the tort system, arguing that these fees have risen significantly over the past few decades without a corresponding increase in risk, leading to exploitative practices that harm clients and drive up costs. The author challenges Herbert Kritzer's research on contingency fees, asserting that Kritzer's data underestimates the true earnings of specialized contingency-fee lawyers and fails to represent national trends accurately. The article advocates for reforms to align contingency fees more closely with the actual risk and effort involved in cases, ensuring fairness for clients and reducing systemic inefficiencies.

Pro Bono In Principle And In Practice, Deborah L. Rhode

Journal of Legal Education

No abstract provided.

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Journal of Legal Education

No abstract provided.

Shared Responsibility: The Duty To Legal Externs, Kathleen Connolly Butler

West Virginia Law Review

No abstract provided.

Vol. 1, No. 09 (September 2003)

Indiana Law Update

No abstract provided.

Emerging Issues On The Internet For The Legal Profession, Rosaria Vigorito

ExpressO

The paper offers an overview of the emerging issues raised by the Internet in the legal profession. In particular, the extension of the attorney-client privilege; the application of the ethics principle of confidentiality to email communications; Internet connectivity and the security issues pertaining to it; and, general "cyberlegalethics" concerns raised by using the Internet, such as avoiding the unauthorized practice of law and verifying information found on the Web.

Vol. 1, No. 06 (June 2003)

Indiana Law Update

No abstract provided.

China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller

Washington International Law Journal

Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …

No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd

Journal of Legal Education

No abstract provided.

Asking The Lost Question: What Is The Purpose Of Law School?, Bethany Rubin Henderson

Journal of Legal Education

No abstract provided.