Digital Commons Network^™

Ex-Dean Assesses Law Training, Karen A. Springer

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Deconstructing Los Angeles Or A Secret Fax From Magritte Regarding Postliterate Legal Reasoning: A Critique Of Legal Education, C. Garrison Lepow

University of Michigan Journal of Law Reform

This Article asks readers to imagine the shapes and colors of legal issues; it examines how people communicate and develop ideas through moving, metamorphosing images, especially computer graphics, and why methodology affects the eventual product of thought. Like dance, legal issues are described better through action than through words. Therefore, this Article challenges the principles of verbal reasoning upon which our legal system is based.

Fall 1992

Bill of Particulars

No abstract provided.

The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein

Articles

From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …

Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith

Michigan Law Review

This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …

Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn

Michigan Law Review

A Review of Rules Versus Relationships: The Ethnography of Legal Discourse by John M. Conley and William M. O'Barr

An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert

Michigan Law Review

A Review of Tournament of Lawyers: The Transformation of the Big Law Firm by Marc Galanter and Thomas Palay

Patricia Ann Dore And The Florida Administrative Procedures Act, Stephen T. Maher

Florida State University Law Review

No abstract provided.

Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman

Articles

The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage …

Legal Services: Has It Succeeded?, Alan W. Houseman

University of the District of Columbia Law Review

No abstract provided.

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

University of the District of Columbia Law Review

Poverty lawyers, we are told, can do as much harm as good for their clients. This humbling theme has been a fixture in the literature and research surrounding the role of lawyers for the poor for some time. The theme captures several deep truths about poverty law. It reminds us that lawyers for the poor can, and do, exclude their clients in the work that they do, view the lives of clients through the distorted prism of law training and law practice, and tend to expend their energies on remedies and processes, largely litigation oriented, which are unlikely to lead …

Class Of 1992 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.

Class Of 1992 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.

The Cocaine Addicted Lawyer And The Disciplinary System, Raymond P. O'Keefe

St. Thomas Law Review

This article will discuss cocaine addiction within the legal profession and its impact upon individual attorneys, clients, and the profession as a whole. It discusses different approaches that have been taken in Bar disciplinary proceedings and the need for professional sanctioning bodies to accept cocaine addiction as a disease, and recovery from it as a mitigating factor. It argues that admitting evidence of addiction and recovery as mitigation best serves the goals of the disciplinary proceeding, which are to 1) protect the public, 2) maintain the integrity of the legal profession,. and 3) preserve public confidence in the legal profession. …

Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton

Faculty Scholarship

This article criticizes the inadequacy of information available to consumers seeking an attorney compatible with their needs. The article describes why such inadequacy exists – in part because the legal profession distribute information to consumers through the narrow lens of attorney self-regulation rather than through the broader lens of consumer need. Yet, in striving to maintain their autonomy, lawyers have only perpetuated the enormous gap between information the public would like to have and that which they actually receive. The article explores sources of information consumers have access to, why such sources are so limited, and finally, how the problem …

Preserving The Past, Roger J. Miner '56

Legal History

No abstract provided.

Kentucky Lawyer, 1992, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Becoming A Player: A Credo For Young Lawyers In The 1990s, Patricia M. Wald

Maryland Law Review

No abstract provided.

The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii

Faculty Publications

The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.

Legal Malpractice In Ohio, John C. Nemeth

Cleveland State Law Review

This article will discuss the fundamentals of a legal malpractice case, specifically addressing two areas. The first involves the elements of a legal malpractice case. This discussion will expose two problems that continually appear in legal malpractice litigation: (1) expanding the liability of an attorney to third parties, and (2) determining whether the alleged malpractice was the proximate cause of the plaintiff's injuries. The second area of discussion will focus on the time limitations imposed for bringing a legal malpractice action. Additionally, in order to better understand the current state of the law, a brief discussion illustrating the historical development …

150 Years Of Research : A Bibliography Of The Indiana University School Of Law Faculty, 1842-1992, Linda K. Fariss

150 Years of Research: A Bibliography of Indiana University School of Law Faculty, 1842-1992

Compiled for the law school's sesquicentennial in 1992, this work contains comprehensive entries for all past and then current faculty members, listing works written before and during their time at the law school.

Law library librarians Keith A. Buckley, Mitchell E. Counts, Ralph F. Gaebler, Michael M. Maben, Marianne Mason, F. Richard Vaughan and Nona K. Watt contributed to the bibliography and Linda K. Fariss edited.

Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.

Cleveland State Law Review

My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …

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

Articles by Maurer Faculty

No abstract provided.

The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le

Journal Articles

In 1978 a French television poll queried 982 viewers as to their images of the French lawyer (avocat). Of those polled, less than five percent held a positive view of the avocat. Eighteen percent of the 940 persons who expressed a negative view of the avocat simply conveyed this impression in general terms, but the remainder were more precise. Forty-eight percent of the respondents felt that the avocat was a "money sucker"; fourteen percent saw him as a man without conscience; and another fourteen percent believed that he acted with impunity within his bar. Four percent considered the bar to …

Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce

Faculty Scholarship

Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …

Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers

Articles

American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $40,000 from college and law school have become the norm, and debts of $50,000, $60,000, and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a considerably faster pace than the starting salaries at small law firms and government agencies. They have even risen at a faster pace than the starting salaries in many large firms. The new pattern …

Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil

Publications

No abstract provided.

Clinical Scholarship And The Justice Mission, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …