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Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Part Ii, Kohei Nakabō, Yohei Suda

Washington International Law Journal

Based on the Judicial Reform Council's article, "Points at Issue in Judicial Reform," this paper analyzes basic issues regarding the current status of the Japanese attorney system and areas to be addressed in judicial reform. [This Article formed the basis of Mr. Nakabō's report at the thirteenth meeting of the Judicial Reform Council on February 22, 2000. It was originally published as the second part of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING: THE LAW SCHOOL CONCEPT] (2000). The first part of the paper was translated in Kohei Nakabō, Judicial Reform and the State of …

Statement On The Bar Exam, Society Of American Law Teachers

Statements

In 2002, SALT issued a statement on the bar exam in which it opposed raising the passing score and provided alternatives to the existing bar exam.

Court Assistance Office Seeks Attorneys To Meet Growing Demand For Legal Services, Patrick D. Costello

Articles

No abstract provided.

"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

Articles

No abstract provided.

Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine

Maryland Law Review

No abstract provided.

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …

An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part Two, Susan Saab Fortney

Faculty Scholarship

This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.

Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Publications

No abstract provided.

Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal

Faculty Publications

My comments as part of this panel focus on the attitude of proponents of multi-disciplinary practice toward conflict of interest. Before turning to that topic, I would like to offer a general observation about the debate on multi-disciplinary practice as well as a suggestion for improving the quality of that debate.

Legal Services Corp. V. Velazquez: A Problematic Commingling Of Unconstitutional Conditions And Public Fora Analyses Yields A New Grey Area For Free Speech, Christopher A. Gozdor

Maryland Law Review

No abstract provided.

The Hidden Costs Of Lawyer Mobility: Of Law Firms, Law Schools, And The Education Of Lawyers, Robert W. Hillman

Kentucky Law Journal

Randall Park Lecture delivered at the University of Kentucky College of Law, May 7, 2002.

Constructing The Practices Of Accountability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Faculty Scholarship

In the Interests of Justice: Reforming the Legal Profession lives up to its ambitious title. Deborah Rhode comprehensively surveys the structural problems confronting the legal profession, from its subscription to the "sporting theory of justice" to its preoccupation with profit. The book also lays bare the failure of legal education and the professional regulatory system to confront the roots of these structural problems.

I must confess that reading the book felt like a whirlwind tour of the legal profession's inevitable problems. In part, this perception grew out of the sheer range of economic, institutional, and structural factors contributing to the …

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Articles by Maurer Faculty

This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.

The various roles …

Professional Discipline For Law Firms? A Response To Professor Schneyer’S Proposal, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Model Rule of Professional Conduct 5.1(a) requires individual partners to make "reasonable efforts" to ensure that their firm has measures in effect that give "reasonable assurance" that all lawyers in the firm conform to ethical rules. Similarly, Model Rule 5.3(a) imposes upon individual partners the obligation of making "reasonable efforts" to ensure that the firm has measures in place giving "reasonable assurance" that the conduct of non-lawyers affiliated with the firm is compatible with the partner's professional obligations. These rules were adopted to encourage firms to create firm cultures and institute prophylactic policies and procedures--an "ethical infrastructure"--that would prevent misconduct …

Maccrate's Missed Opportunity: The Maccrate Report's Failure To Advance Professional Values Symposium, Russell G. Pearce

Faculty Scholarship

The 1992 Report of the Task Force on Law Schools and the Profession: Narrowing the Gap (the "Task Force"), Legal Education Professional Development - An Educational Continuum, popularly known as the MacCrate Report (the "Report"), was the most ambitious effort to reform legal education in the past generation. Some commentators have described the Report as "the greatest proposed paradigm shift in legal education since Langdell envisioned legal education as the pursuit of legal science through the case method in the late 19th century.” Although the Report sought to promote education in both lawyering skills and values, its major influence has …

Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley

Faculty Scholarship

Mediation is a big business today that is practiced by lawyers and non-lawyers, and is closely related to the business of law. Lawyers have a long-standing monopoly on the law business and do not look favorably on sharing their power with nonlawyers. This phenomenon is odd because it occurs at the same time that the legal profession is beginning to embrace a new ethic of problem-solving that honors the values of collaboration and power-sharing among professionals in multiple disciplines. Lawyers protect their professional monopoly through the unauthorized practice of law ("UPL") doctrine that limits the practice of law to licensed …

A Critique Of Burrow V. Arce, Charles Silver

William & Mary Environmental Law and Policy Review

No abstract provided.

An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part One, Susan Saab Fortney

Faculty Scholarship

This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.

Megafirms, Randall Thomas, Stewart J. Schwab, Robert G. Hansen

Vanderbilt Law School Faculty Publications

This paper documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain the growth, and have generally examined only one industry at a time. We give the first demand-side explanation of firm growth, and show how the explanation is similar for firms in all "project" industries. We show that law plays an important role in determining industry structure. Among the areas we cover are the growth of Multi-Disciplinary Practice firms. We argue that the issues surrounding MDPs can best be understood by looking more …

Toward A Community Of Professionalism, Elliot L. Bien

The Journal of Appellate Practice and Process

Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.

Multi-Disciplinary Professional Practices: A Consumer Welfare Perspective, Michael Trebilcock, Lila Csorgo

Dalhousie Law Journal

Multi-disciplinary professional practices (MDPs) involving lawyers, accountants and otherprofessionals, have been the subject of considerable industrystudyand controversy in Canada and abroad. In this article, the authors evaluate the advantages and disadvantages of MDPs strictly from a consumer welfare perspective. They argue that, although MDP critics' concerns surrounding such issues as solicitor-client privilege, independence, conflicts of interest, and unauthorized practice are valid, they are often overstated and are, in many cases, encountered even today by professionals outside the MDP context. The advantages to consumers of permitting the evolution of such practices would, in any event, significantly outweigh such disadvantages. The authors'analysis …

Rethinking The Discharge Of Pre-Petition Attorney Fees In Chapter 7 Bankruptcy: A Debtor Oriented Perspective, James L. Neher

University of the District of Columbia Law Review

The courts are split over a provision of the Bankruptcy Code,' in which the majority courts hold that upon the filing of a Chapter 7 bankruptcy, 2 unpaid attorney fees, for pre-petition work in connection with preparing and filing bankruptcy, are discharged. In contrast, the minority view holds that attorney fees in connection with preparing and filing a bankruptcy are not dischargeable whether prepaid or not, as long as they are not excessive.4 The problem with the majority view is that indigent debtors may be deprived of access to legal counsel unless they can pay all or most of their …

The Aba's Standards For The Accreditation Of Law Schools, Robert K. Walsh

Journal of Legal Education

No abstract provided.

Volume 25, Issue 1 (Summer 2001)

Transcript

No abstract provided.

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.

Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda

Washington International Law Journal

Based on the Judicial Reform Council's article "Points at Issue in Judicial Reform," this paper presents basic issues on the current status of the Japanese attorney system and areas to be addressed in judicial reform. [[Translator's Note] This Article formed the basis of Nakabō's report at the twelfth meeting of Judicial Reform Council held on February 8, 2000. It was originally published as the first of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING; THE LAW SCHOOL CONCEPT] (2000).]

Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso

Washington International Law Journal

In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …

Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Inadvertent Disclosure And The Attorney-Client Privilege: Looking To The Work-Product Doctrine For Guidance, Ken M. Zeidner

Cardozo Law Review

No abstract provided.