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Technology And The Practice Of Law, Oregon Law Institute, Thomas C. Holmes, Gregory A. Miller, David H. Haines, Milton R. Stewart, Richard P. Klau, Peter Mackie, Dee Crocker, Jeffrey N. Barlow, David Aliprandi

Oregon Law Institute, 1996

Course Materials from the June 21, 1996 Program in Portland

Legal Ethics And Fugitive Slaves: The Anthony Burns Case, Judge Loring, And Abolitionist Attorneys, Paul Finkelman

Cardozo Law Review

Judges and lawyers seek to enforce and uphold the "law" while also proclaiming an interest in an abstraction we call "justice." As we know, there is often a tension between the two. Consequently, serving the law often means not serving justice. Similarly, often a tension exists between a lawyer's duty both to seek a legal remedy to a problem and to act in the best interests of a client. Activist lawyers can have an agenda that is at odds with members of the class they claim to serve. These two problems are complicated by a third. Lawyers and judges have …

Foreign Legal Consultants: The Changing Role Of The Lawyer In A Global Economy, Andrew Pardieck

Indiana Journal of Global Legal Studies

No abstract provided.

An Attorney's Right To Retain Fees Derived From A Fraudulent Law Suit, Leonard Pertnoy

Faculty Articles

The remedy of restitution, used to prevent unjust enrichment, is a fundamental right firmly entrenched in the common law. This is especially true in cases where a victim seeks equitable relief to require the return of money or property obtained as a result of fraud. However, should the defrauded person always be entitled to be made whole? Similarly, the remedy of forfeiture is also a deeply rooted legal concept, finding its beginnings in early English common law. Originally, forfeiture was a punishment annexed by law to some illegal act. However, the concept of deodand now not only includes forfeiture of …

The Model Rules Of Professional Conduct: The ‘Pro’ And The ‘Con’, Paula Hannaford-Agor, John M. Levy, Thomas E. Spahn

Popular Media

The Special Committee of the Virginia State Bar to Study the Virginia Code of Professional Responsibility was established by former president Ed Burnette during his administration in 1993. The Committee was requested to examine the Code in its entirety and to suggest any revisions and additions to indi­vidual disciplinary rules. The committee is comprised of prac­titioners with a wide range of civil and criminal expertise, and representatives from academia. After extensive work and discussion. the committee unanimously decided to recommend the adoption of the format of the ABA Model Rules of Professional Conduct, which, among other features, provides for an …

Lon Fuller, The Model Code, And The Model Rules, John M.A. Dipippa

Law Faculty Scholarship

No abstract provided.

Florida Bar V. Went For It, Inc.: The Supreme Court Opens The Door For Heightened Limits On Attorney Advertising, Brett A. Steele

Mercer Law Review

Florida Bar v. Went For It, Inc. involves the constitutionality of Florida Bar rules prohibiting personal injury lawyers from sending targeted direct-mail solicitations to accident victims and their families within thirty days following an accident. In March 1992, respondent Went For It, Inc., a lawyer referral service, and its owner, G. Stewart McHenry, filed suit in the United States District Court for the Middle District of Florida against the Florida Bar, seeking declatory and injunctive relief. After referral from the district court, a magistrate judge recommended summary judgment in favor of the Florida Bar. The magistrate judge found that the …

Ethical Commitments, Anthony V. Alfieri

Articles

No abstract provided.

Volume 63

Tennessee Law Review

No abstract provided.

A Symposium Precis, Thomas E. Baker

Faculty Publications

No abstract provided.

Recent Trends In The Organization Of Legal Services, Frederick H. Zemans

Articles & Book Chapters

No abstract provided.

An Attorney's Right To Retain Fees Derived From A Fraudulent Law Suit, Leonard D. Pertnoy

St. Thomas Law Review

The remedy of restitution, used to prevent unjust enrichment, is a fundamental right firmly entrenched in the common law. This is especially true in cases where a victim seeks equitable relief to require the return of money or property obtained as a result of fraud. However, should the defrauded person always be entitled to be made whole? Similarly, the remedy of forfeiture is also a deeply rooted legal concept, finding its beginnings in early English common law. Originally, forfeiture was a punishment annexed by law to some illegal act. However, the concept of deodand now not only includes forfeiture of …

Florida Bar V. Went For It, Inc.: Restricting Attorney Advertising To Preserve The Image Of The Legal Profession, Jodi Vanderwater

Loyola University Chicago Law Journal

No abstract provided.

Mentor, Mercenary Or Melding: An Empirical Inquiry Into The Role Of The Lawyer, Margaret Ann Wilkinson, Peter Mercer, Terra Strong

Loyola University Chicago Law Journal

No abstract provided.

“Some Kind Of Lawyer”: Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell

Law Faculty Scholarly Articles

In January 1996 a panel of the American Bar Association released a report concluding that "discrimination continues to permeate the structures, practices and attitudes of the legal profession." It has been a long journey in women's efforts to obtain equity in both law schools and in the legal profession generally. This article is composed of two interviews with University of Kentucky College of Law graduates: Norma Boster Adams (’52) and Annette McGee Cunningham (’80). Twenty-eight years separated Norma Adams and Annette Cunningham at the College of Law. They faced different obstacles and chose varied paths to success. While each can …

Attorneys: The Hypocrisy Of The Anointed--The Refusal Of The Oklahoma Supreme Court To Extend Antidiscrimination Laws To Attorneys In Bar Disciplinary Hearings, Stephen M. Hines

Oklahoma Law Review

No abstract provided.

Guests In Another's House: An Analysis Of Racially Disparate Bar Performance, 23 Fla. St. U. L. Rev. 721 (1996), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

No abstract provided.

Attorney Malpractice Liability To Non-Clients In Washington: Is The New Modified Multi-Factor Balancing Test An Improvement?, Sheryl L.R. Miller

Washington Law Review

Most jurisdictions recognize a cause of action for legal malpractice against a non-client only where the attorney-client relationship is formed to benefit a third-party nonclient. This rule generally operates to preclude an attorney's potential liability to a client's adversary. Washington departed from the majority in 1992 in Bohn v. Cody, where the Washington Supreme Court found that an attorney did owe a duty to his client's adversary. Two years later, in Trask v. Butler, the supreme court modified Bohn's test for determining attorney malpractice liability to third parties to conform Washington's law with the majority of jurisdictions. …

Kentucky Lawyer, 1996, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Another Early Chapter: Attorney Malpractice And The Trial Within A Trial: Time For A Change, 19 J. Marshall L. Rev. 275 (1986), Donald G. Weiland

UIC Law Review

No abstract provided.

Winter 1996

Bill of Particulars

No abstract provided.

Development Of Law Firm Training Programs: Coping With A Turbulent Environment, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

No Leg To Stand On: The General Retainer Exception To The Ban On Nonrefundable Retainers Must Fall, Pamela S. Kunen

Cardozo Law Review

Part I of this Note reviews various attorney-client fee arrangements, with particular attention to forms of retainers. Part II traces the development of the rule banning nonrefundable retainers and of the so-called general retainer exception to this rule. Part III examines the general retainer first in terms of its two conventional but conflicting views-as an ordinary business agreement versus an attorney-client contract-and then pursues a deeper historical and descriptive examination of the device than is reflected in either conventional view. Because that examination leads to the conclusion that general retainers are attorney-client agreements, part IV scrutinizes them as such and …

"Some Kind Of Lawyer": Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell

Kentucky Law Journal

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas

University of Michigan Journal of Law Reform

Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.

Aba Accreditation Of Law Schools: An Antitrust Analysis, Andy Portinga

University of Michigan Journal of Law Reform

The accreditation activities of the American Bar Association are under attack. From within legal academia, professors and deans complain that the ABA accreditation process is overly formalistic and intrusive. In addition, the Massachusetts School of Law has sued the ABA, alleging that the ABA's accreditation standards violate the Sherman Act. From outside legal academia, the Department of Justice has investigated the ABA's accreditation activities and initiated an antitrust suit against the ABA. The Department of Justice and the ABA immediately settled this suit, and, as a result of this settlement, the ABA has agreed not to enforce certain standards and …

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Articles

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …

The Firm Revisited: Somebody At The Justice Department Has Been Reading John Grisham, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Lawyers Learning To Survive: The Application Of Adventure-Based Learning To Skills Development, Nadja Alexander

Research Collection Yong Pung How School Of Law

Keeping pace with the changing face of Australian legal practice requires new approaches to teaching, both at university level and in professional training. This article considers the integration of adventure-based learning (ABL) approaches to meet new challenges in skills training. The discussion reviews the relevant literature and reports on a recent ethnographic study on the effectiveness of ABL techniques in the teaching of skills at tertiary level. Both the literature review and the ethnographic study indicate that ABL is an effective method for developing participants' skills. The results of the study suggest that ABL is effective for coaching participants in …