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Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll Oct 2020

Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll

Indiana Law Journal

A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding. …


Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney Oct 2020

Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney

Faculty Scholarship

Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers who self-assess their firms’ management systems. Data reveal that such assessments help lawyers avoid problems through developing their firms’ ethical infrastructure. When misconduct occurs, injured persons often seek monetary redress. These persons may not be able to obtain recovery unless they have suffered substantial damages to …


Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace Oct 2020

Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace

Articles & Chapters

Street Law is a legal education methodology designed to increase civic engagement, critical thinking skills, and develop practical legal knowledge in non-lawyers. Law students at Georgetown began using Street Law methods to teach high school classes in the 1970s. While Street Law was designed to help high school students, the programs were also crafted to provide authentic experiential opportunities for law students. However, little research had been done to measure the educational benefits for those law students. We designed the study that is featured in the article to assess those goals. We conclude that Street Law provides significant and often …


"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani Oct 2020

"Toughen Up, Buttercup" Versus #Timesup: Initial Findings Of The Aba Women In Criminal Justice Task Force, Maryam Ahranjani

Faculty Scholarship

"Practicing criminal law as a woman is like playing tackle football in a dress.” Andrea George, Executive Director of the Federal Public Defender for Eastern Washington and Idaho, began her testimony to the American Bar Association’s Women in Criminal Justice Task Force with that powerful observation. In the wake of the #MeToo movement, the ABA has focused on ways to enhance gender equity in the profession and in the justice system. The Criminal Justice Section of the ABA has invested significant resources in the creation of the Women in Criminal Justice Task Force (WCJ TF), which launched its work in …


Vol. 59, No. 04 (September 14, 2020) Sep 2020

Vol. 59, No. 04 (September 14, 2020)

Indiana Law Annotated

No abstract provided.


Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich Sep 2020

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Villanova Law Review (1956 - )

No abstract provided.


Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward Sep 2020

Digging Into Algorithms: Legal Ethics And Legal Access, Carla L. Reyes, Jeff Ward

Nevada Law Journal

No abstract provided.


Greening The Desert, Pamela R. Metzger, Kristin Meeks, Jessica Pishko Sep 2020

Greening The Desert, Pamela R. Metzger, Kristin Meeks, Jessica Pishko

Deason Center Reports

Greening the Desert brings a criminal justice lens to the phenomenon of legal deserts in small, tribal, and rural (STAR) communities—vast areas with few, if any, practicing attorneys. The report explores STAR criminal justice communities and describes strategies and initiatives to green these criminal law deserts. Using case studies, the report offers concrete examples of successful innovations. It also includes cautionary notes about risks that may arise with the implementation of strategies to recruit, train, and retain STAR practitioners.


Lawyers Democratic Dysfunction, Leah Litman Sep 2020

Lawyers Democratic Dysfunction, Leah Litman

Articles

As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe—elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral to a well-functioning democracy. These network effects eliminate the possibility of “soft” sanctions on norm violators such as withholding future professional advancement. Thus, rather than enforcing norms and deterring norm violations, the networks serve to insulate norm violators from any meaningful accountability.


Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law Aug 2020

Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle Aug 2020

The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Report To The Wisconsin Office Of Lawyer Regulation: Analysis Of Grievances Filed In Criminal And Family Matters From 2013-2016, Leslie C. Levin, Susan Saab Fortney Aug 2020

Report To The Wisconsin Office Of Lawyer Regulation: Analysis Of Grievances Filed In Criminal And Family Matters From 2013-2016, Leslie C. Levin, Susan Saab Fortney

Faculty Scholarship

In many states, the highest number of docketed grievances arise out of criminal and family law matters. This report analyzes the 4,898 grievances filed with the Wisconsin Office of Lawyer Regulation (“OLR”) in family or criminal law matters during the period from 2013-2016. The OLR provided the data, enabling analysis of the grievances by gender, age, length of time since law school graduation, type of matter, prior experience with diversion or discipline, and geographical location. The data also revealed the frequency of allegations by practice matter, the types of allegations that led to discipline, and the frequency with which lawyers …


Black Market Law Firms, Casey E. Faucon Aug 2020

Black Market Law Firms, Casey E. Faucon

Cardozo Law Review

In business and in competition, value exists in striking first. Accountants, the so-called hawks of the professional world, have made the first move. In September 2017, the global accounting giant PwC opened a law firm in Washington, D.C. called ILC Legal. ILC Legal not only provides legal services on non-domestic matters, but also acts as a multidisciplinary provider (MDP) and offers other professional services, such as tax-planning, business consulting, and marketing, throughout its ninety-country network. In June 2018, Deloitte quickly followed suit, the second of the Big Four accounting firms to enter the U.S. MDP market, partnering with a U.S. …


Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Texas Board Of Law Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To Texas Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Kansas Board Of Law Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To Kansas Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Nebraska State Bar Commission, Legislation/Civil Rights Clinic Jul 2020

Letter To Nebraska State Bar Commission, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To State Board Of Law Examiners North Dakota, Legislation/Civil Rights Clinic Jul 2020

Letter To State Board Of Law Examiners North Dakota, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Alabama State Bar, Legislation/Civil Rights Clinic Jul 2020

Letter To Alabama State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To The Office Of The Board Of Bar Examiners Oregon, Legislation/Civil Rights Clinic Jul 2020

Letter To The Office Of The Board Of Bar Examiners Oregon, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Associate Director Of The Idaho State Bar Exam, Idaho State Bar, Legislation/Civil Rights Clinic Jul 2020

Letter To Associate Director Of The Idaho State Bar Exam, Idaho State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Office Of Bar Admissions Supreme Court Of South Carolina, Legislation/Civil Rights Clinic Jul 2020

Letter To Office Of Bar Admissions Supreme Court Of South Carolina, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Wyoming State Bar, Legislation/Civil Rights Clinic Jul 2020

Letter To Wyoming State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Executive Director Office Of Professional Programs Arkansas, Legislation/Civil Rights Clinic Jul 2020

Letter To Executive Director Office Of Professional Programs Arkansas, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To State Bar Of Nevada, Legislation/Civil Rights Clinic Jul 2020

Letter To State Bar Of Nevada, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Washington State Bar Association, Legislation/Civil Rights Clinic Jul 2020

Letter To Washington State Bar Association, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


The Emerging Legal Architecture For Social Justice, Luz E. Herrera, Louise G. Trubek Jul 2020

The Emerging Legal Architecture For Social Justice, Luz E. Herrera, Louise G. Trubek

Faculty Scholarship

Lawyers advocating for social change are now front and center in newspapers and social media. This article discusses how a new breed of progressive lawyers envision social justice law practice today. These “critical lawyers” are diverse in background, gender, ethnicity and race. They see law as a complex, contradictory tool rather than a necessary and sufficient route to justice. Their practices differ from the traditional non-profit public interest firms of the earlier generation that assumed justice would result if law and lawyers were accessible. To highlight the differences, the article discusses the law practices of Beyond Legal Aid, Law for …


In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms. Jul 2020

In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.


Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel Jul 2020

Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel

St. Mary's Journal on Legal Malpractice & Ethics

Social activism, particularly law reform, has long been an accepted, even revered part of the lawyer’s identity. But modern developments such as nation-wide firms, the economic importance of client development, and aggressive attempts by clients to deploy attorneys as de facto, undisclosed lobbyists have put substantial pressure on the traditional vision of the attorney as a “lawyer-statesman” or someone who “checks clients at the door” when participating in law reform activities. Furthermore, law reform activism on behalf of one client (or prospective client when attorneys use their law reform lobbying as part of their marketing strategy) poses a real danger …