Digital Commons Network^™

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, …

Business Lawyers And Value Creation For Clients, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

This Symposium marks an important milestone in legal scholarship and education: The spotlight falls on business lawyers for a change. Ten years ago, when one of us first wrote about what business lawyers really do, no one had devoted much attention to this part of the profession. In his broadside against lawyers, Derek Bok, then President of Harvard University and formerly dean of its law school, reserved his invective for litigators and the litigation process. Business lawyers captured the attention of very few critics; even on the unusual occasion when we were noticed, the criticism was at least funny. If …

Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson

All Faculty Scholarship

Lawyer-bashing in America has long been a national pastime, having somehow escaped the palliative of political correctness that has greatly diminished other scurrilous pursuits like Jewish-American-Princess-baiting and Polish-joking.

Much of the profession's negative image can be ascribed to the sheer number of people hanging out their shingles as attorneys at law - just about as many per capita as there are inmates currently serving time in all the state prisons. Lawyers are likewise chastised for the hard-sell hucksterism of their advertising, the exponential growth of their caseloads, and the endless upward spiral of their fee scales. No doubt such perceptions, …

The Limits Of Compulsory Professionalism: How The Unified Bar Harms The Legal Profession, Bradley A. Smith

Florida State University Law Review

No abstract provided.

Changing Opportunities For Partnership For Men And Women Lawyers During The Transformation Of The Modern Law Firm, Fiona M. Kay, John Hagan

Osgoode Hall Law Journal

Considerable controversy surrounds partnership in law firms, particularly regarding the possibility of systematic gender bias and discrimination. This article contributes to the existing literature by considering explanations of women's under-representation in partnerships within the historical context of changes in the structure of law practice. Such changes include transitions in the organization and scale of contemporary law firms, the emergence of branch offices and international markets, the diversification of recruitment practices and mobility routes through modified firm hierarchies, and rising expectations of billable hours. Using a survey of over 1,000 lawyers in Ontario law firms, the authors examine opportunities for partnership …

Building Community Among Diversity: Legal Services For Impoverished Immigrants, Robert L. Bach

University of Michigan Journal of Law Reform

Part I of this Essay introduces the Immigrants' Legal Needs Study (ILNS), which provides most of the data for this Essay. Part II focuses on immigrants' access to legal assistance. It analyzes the problems and needs of recently arrived poor immigrants-both immigrants share with longer established poor residents as well as special needs related to immigrants' residency status. Part III addresses the present day demography of our urban communities, including the levels of new immigration. Parts IV and V detail the legal difficulties faced by poor immigrants, the ways they deal with these problems, and community responses to these needs. …

Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton

University of Michigan Journal of Law Reform

This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …

The Case Of A Lifetime, Richard C. Reuben

Faculty Publications

There is great difficulty in defining pro bono lawyering. The classic model is the practitioner who devotes time to representing a client in a civil or criminal matter. But some consider other legal relationships pro bono as well, such as service on the boards of directors of nonprofit organizations, legal work at reduced fees, and activities that improve the law and legal profession. In the case of organizations such as the ACLU and the NAACP LDF, pro bono means a mixture of much of the above, as public interest law firms work hand in hand with private lawyers and firms …

Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne

Indiana Law Journal

No abstract provided.

Vol. 4, No. 1 (Spring 1994)

IU Law Update

No abstract provided.

Class Of 1994 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.

A Dissenter's Commentary On The Professionalism Crusade, Rob Atkinson

Scholarly Publications

No abstract provided.

Practicing Community (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

Gross Profits? Questions About Lawyer Billing Practices, Lisa G. Lerman

Scholarly Articles

No abstract provided.

The Lawyer's Duty Of Public Service: More Than Charity, Tigran W. Eldred, Thomas Schoenherr

West Virginia Law Review

No abstract provided.

Kentucky Lawyer, 1994, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Back To The Future: The Buyer's Market And The Need For Law Firm Leadership, Creativity And Innovation, F. Leary Davis

Campbell Law Review

[Examines] how the legal market and legal profession have changed as they have transitioned from a buyer's to a seller's market and back over the last forty years.

Emperor's Clothes And Other Tales About The Standards For Imposing Lawyer Discipline Sanctions, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.

Pro Bono Publico: Issues And Implications, Debra Burke, Reagan Mclaurin, James W. Pearce

Loyola University Chicago Law Journal

No abstract provided.

Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker

Cleveland State Law Review

No abstract provided.

Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker

Cleveland State Law Review

No abstract provided.

Can Ontario Sustain Cadillac Legal Services?, Frederick H. Zemans, Lewis T. Smith

Articles & Book Chapters

Recently described in the American Lawyer as Canada's Cadillac legal services, the Ontario legal aid scheme--Canada's first and today its most costly-is in serious need of repair. This paper, which grows out of a presentation made by Robert Holden, Director of the Ontario Legal Aid Plan, describes both the introduction of legal aid services in Ontario and the evolution of the original pro bono scheme into a government-funded judicare scheme.

It is not surprising that in 1952, when contemporary legal aid was introduced into Canada, both the bar and government of Ontario looked to the United Kingdom for direction. In …

Pretrial Case Management Under The Amended Rules: Too Many Words For A Good Idea, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Testing The Radical Experiment: A Study Of Lawyer Response To Clients Who Intend To Harm Others, Leslie Levin

Faculty Articles and Papers

No abstract provided.

Lawyers And Family Life: New Directions For The 1990'S, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

Enforcing Lawyers' Covenants Not To Compete, Glenn S. Draper

Washington Law Review

Courts uphold most post-employment covenants not to compete if they meet a three part reasonableness test that balances the interests of the employer, the employee, and the public. Lawyers' covenants not to compete, however, are treated differently. Courts hold lawyers' agreements that prohibit competition with their former firms per se invalid, in order to preserve clients' unrestricted freedom to choose their attorneys. Courts have split on whether to apply the per se rule to invalidate lawyers' agreements that discourage rather than prohibit post-employment competition. The California Supreme Court's recent decision in Howard v. Babcock, applying the familiar reasonableness test to …

Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff

Scholarly Works

The purpose of this article is to provide a starting point for discussion of ethical issues related to the practice of Medicaid estate planning. The authors explore the history of attorney involvement in planning and financing long-term care. They also analyze how the ABA Model Rules of Professional Conduct address the ethical dilemmas that arise in practice, using a case study to illustrate some of these issues. The individual authors' perspectives on this practice differ with respect to certain issues. One is a former Legal Services lawyer, and the other has a private practice which focuses on Medicaid estate planning.

Project Challenge: Pro Bono Opportunity In Private Corporate Practice, Wendy E.D. Smith, Cheryl J. Terai

West Virginia Law Review

No abstract provided.