Digital Commons Network^™

Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney

Faculty Scholarship

This article explores the concept of peer review in the practice of law. The article begins with an introduction to law partners’ liability exposure for the acts or omissions of their law partners. The article explains how this exposure has traditionally been approached as vicarious liability and how the government is attempting to transform these issues into direct liability by using failure to monitor claims. Part I briefly reviews perspectives on the emergence, growth, and structure of law firms, then uses a matrix to show how firm culture and organizational structure affect internal and external controls on attorney conduct. Part …

Flying Solo - Ethical Traps And Tips For The Solo And Small Practitioner, Oregon Law Institute, Allen E. Gardner, Peter R. Jarvis, Scott Mcarthur, Bradley F. Tellam, Michael A. Greene, Helen T. Dziuba

Oregon Law Institute, 1995

Course Materials from the October 27, 1995 Program in Portland

Lawyers, Clients, And Money, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Jacob's Blessing: A Review Of Shaffer's And Cochran's Model Of Moral Counseling, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Clark Memorandum: Fall 1995, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Soldiers of the Spirit (Lance D. Wickman)
• The Profession Everyone Loves to Hate (James D. Gordon, III)
• Selected Letters (Woody Deem)
• The Atonement—Infinite and Eternal (Merrill J. Bateman)
• Out of Kindergarten, Out of Law School (Marilyn V. Yarbrough)

Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham

Articles

In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline …

Prospecting The Internet, Peter W. Martin

Cornell Law Faculty Publications

Potential clients, legal information and expert forums are waiting for lawyers on the 'Net. An innovator in online legal services explains why you need to be there.

Summer 1995

Bill of Particulars

No abstract provided.

An Eu Lawyer's Right To Practice Throughout The European Union, Diane M. Venezia

Cardozo Journal of International and Comparative Law

The note examines the progress and challenges in integrating the legal profession within the European Union, emphasizing the need for further harmonization to achieve a truly unified legal market. While EU law, including the EEC Treaty and subsequent directives, has established the right of lawyers to practice across Member States, significant barriers remain due to nationalistic attitudes and inadequate integration measures. The analysis highlights the importance of moving beyond mutual recognition toward a more proactive approach to integration, drawing parallels with the U.S. model and advocating for structural reforms to ensure the free movement of legal services.

Legal Assistants In The Computer Age, Oregon Law Institute, Terrie I. Murray, Sandra G. Peterson, Karen Larsen, Bernard F. Stea, Dee Crocker, Peter Mackie, Jeff Van Duzer, Bob Blackstone, Kelly A. Fitzsimmons, Alan Hanawalt, Gregory Miller, Terry Williams, Catherine Teach-Schmitz

Oregon Law Institute, 1995

Course Materials from the June 23, 1995 Program in Portland

Effective Settlement Advocacy, Oregon Law Institute, Susan J. Smith, Beth A. Pardo, Joshua Kadish, Linda Sherman, Jeff Abrams, Samuel J. Imperati

Oregon Law Institute, 1995

Course Materials from the June 15, 1995 Program in Portland

Poverty Lawyering In The Golden Age, Matthew Diller

Michigan Law Review

A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis

The Legacy Of Steve Goldstein, Carol Gregg

Florida State University Law Review

No abstract provided.

Class Of 1995 Five Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni five years after graduation.

There Is No One Who Can Do What He Did, Charles W. Ehrhardt

Florida State University Law Review

No abstract provided.

A Better Spirit, Talbot "Sandy" D'Alemberte

Florida State University Law Review

No abstract provided.

Introduction: Towards An Inclusive Professionalism, Peter Margulies

St. Thomas Law Review

The landscape of lawyering seems bewilderingly chaotic today, compared with images of practices past, replete with country clubs and white male practitioners.' Despite their exclusiveness, corporate law firms of old at least had some shared values, and some commitment to norms other than those generated by the market. Our society, as well as the legal profession, is more diverse than it was. The present-day invocation of professionalism is one reaction to the increased diversity of the legal profession, and to the vaulting prominence of market forces, which has reduced many lawyers in major firms to a race to the bottom …

Practiced Moral Activism, Paul R. Tremblay

St. Thomas Law Review

Readers of legal ethics literature frequently encounter the following question: "Can a good lawyer be a good person?" This Article addresses a variation of that question: "Can a good lawyer be a good person if that person is not a good philosopher?" This new question confronts a perplexing realization about most moral exploration of lawyering-that it takes place amidst a language and an intellectual world with which most practicing lawyers are not familiar or conversant. Of course, the philosophers inhabiting that world and using that language aim to affect the lives of working attorneys in some concrete way,but reading the …

New York Attorney Malpractice Liability To Non-Clients: Toward A Rule Of Reason And Predictability, Lucia A. Silecchia

Scholarly Articles

This 1995 Article addresses the question of attorney liability in New York. It begins with a brief introduction to the history of the privity requirement nationally to place the New York question in context. It then traces the scope of attorney liability in New York and examines the state of that law - with its contradictions and inconsistences. This Article proposes a rule for New York courts to consider that centers on the “adversariness” of the client and the third party as the touchstone for determining if expanded liability is appropriate.

This differs from the traditional analysis which bases the …

Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs

St. Thomas Law Review

No abstract provided.

Class Of 1995 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.

Kentucky Lawyer, 1995, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.

The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs?, Harry W. Arthurs

Articles & Book Chapters

Self-governance of the legal profession, and the promulgation and enforcement of a code of professional conduct are usually justified by arguments from principle, practicality and past practice. None of these can be sustained However, if professional self-governance were replaced by governmental or judicial regulation, the operational norms of professional conduct - the way lawyers actually behave - would likely not change very much. In fact, formal regulation, by whatever means, is not a major determinant of conduct that can be characterized as unethical. Rather, such conduct is largely determined by the personal characteristics of the individual lawyer, the professional circumstances …

Defending, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber

Michigan Journal of International Law

The legal services industry is experiencing a fundamental transformation. Thirty years ago, legal markets were almost exclusively national; today, a global legal market is emerging and evolving at a considerable pace. Unfortunately, further globalization is hindered by the failure of national regulatory systems to respond effectively. Globalization has made domestic regulation more difficult because it increases the complexity of the interactions between lawyers, the legal system, and the authorities responsible for regulating the legal profession. As the process of globalization has blurred the distinction between national and international legal issues, an international regulatory regime governing transnational legal practice has become …

Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce

Faculty Scholarship

The Article explains how the Professionalism Paradigm distinguishes between self-interested businesspersons and altruistic professionals who place the public good above their own interests and those of their clients. The legal profession has used this Business-Profession dichotomy to obtain control of the delivery legal services, including a legislative monopoly on the practice of law. Today, the Professionalism Paradigm faces a crisis as leading lawyers, judges, and scholars complain that law has become a business and is no longer a profession. The Article “identifies this shift as a time for hope rather than as a cause for despair. Applying Thomas S. Kuhn's …

Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico

Articles & Chapters

No abstract provided.

Four Views Of Japanese Attorneys, Daniel H. Foote

Articles

The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …

Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack

Faculty Scholarship

There are more things of importance to representing clients than are disclosed through a typical interview or counseling session, even a session undertaken by a lawyer earnestly attempting to hear rather than ignore the client. We lawyers are often vividly aware, when we pause to contemplate the point, that we do not know all we should about our clients. We may also believe that we have great gulfs of knowledge and experience to cross in order to hear and understand any particular client. Further, we fear that our ability to cross these gulfs is limited by the human, and lawyerly, …