Digital Commons Network^™

Of Ethics And Economics: Contingent Percentage Fees For Legal Services, Janet Ann Laufer

Akron Law Review

The contingent percentage fee "is the dominant system in the United States by which legal services are financed by those seeking to assert a claim." The contingent fee is practically the exclusive method of compensating attorneys in personal injury cases.' Contingent percentage fees are also frequently employed in antitrust litigation, class suits, minority stockholder suits, worker's compensation practice, tax practice, and will settlements.'I While the Ethical Considerations of the Code of Professional Responsibility authorize use of the contingent fee in most civil cases," contingent fees are generally considered unethical when applied to criminal cases, divorce cases, and arrangements for procuring …

Hohfeld's Cube, Mark Andrews

Akron Law Review

The thesis presented here is that the eight jural relations may be effectively graphed as the eight corners of a cube, and this image unifies all eight into a single logical structure. This structure symbolizes real legal relationships and assists an understanding of the way legal relations work. This article, then, is about Hohfeld's Cube.

The validity of the cube will be shown in three stages. First, the eight jural relations will be arranged on the cube in a manner which seems to best characterize the way Hohfeld intended his concepts to be used and which also seems to construct …

Incorporation Of Professionals In Ohio: Past, Present, And Future, M. Thomas Arnold

Akron Law Review

In 1961 the Ohio General Assembly enacted Chapter 1785 of the Ohio Revised Code authorizing the creation of professional associations. This legislation was deficient when enacted. Yet, despite criticism of the act and adequate opportunity, the Ohio Legislature has failed to reform this chapter of the Revised Code. This article will look at some of the background out of which the Ohio professional association legislation arose and at the substance and deficiencies of that legislation. Comments will be made on how the proposed Ohio Professional Corporation Act, promulgated in 1979 by the Corporation Law Committee of the Ohio Bar Association, …

The Attorney-Client Privilege As Applied To Corporate Clients, Elinore Marsh

Akron Law Review

After sixty-six years of struggle and controversy surrounding the application of the attorney-client privilege to corporate clients the United States Supreme Court has taken one step in laying many questions to rest. Upjohn Co. v. United States was accepted by the Court to resolve differences in the circuits as to how far the privilege extends horizontally and vertically within the corporate structure. This comment discusses the ramifications of extending the privilege to an entity which operates only through its agents, the history of the privilege, the effect of the Upjohn decision and the questions which remain as yet unsolved.

An Assessment Of The Constitutional, Legislative And Judicial Measures Against Harmful Cultural Practices That Violate Sexual And Reproductive Rights Of Women In South Africa, John Cantius Mubangizi

Journal of International Women's Studies

Sexual and reproductive rights of women are widely violated and abused in Africa, partly because of numerous gender-based cultural and traditional practices. All these practices exist to varying extents in many African countries—including South Africa. The Bill of Rights in the South African Constitution has several provisions that relate to the protection of sexual and reproductive rights of women, but the Constitution also provides for the right to culture, which allows for traditional and cultural practices—some of which violate certain human rights norms including the sexual and reproductive rights of women. International and constitutional protection notwithstanding, such rights can only …

Virginia Bar Exam, July 2015, Section 2

Virginia Bar Exam Archive

No abstract provided.

Shareholder Liability In Ohio: Confounding Attorneys And Others, South High Development Limited V. Weiner, Lippe & Cromley Co., L.P.A., Timothy J. O'Hearn

Akron Law Review

The purpose of this article is to explore the soundness and ramifications of South High Development Limited v. Weiner, Lippe & Cromley Co., L.P.A. To begin, the case holding will be summarized and the history of professional corporations reviewed. Special emphasis will be placed on Ohio legal professional corporations. A critique of the court's rationale and analysis of its implications will then follow.

The Writ-Writers: Jailhouse Lawyers Right Of Meaningful Access To The Courts, John F. Myers

Akron Law Review

This comment will focus on the evolution of jailhouse lawyers, the rights they possess and the problems they face in a system that continually seeks to limit their activities

Dedication: Albert S. Rakas

Akron Law Review

This issue of The Akron Law Review is dedicated to Albert S. Rakas, Professor Emeritus of Law, who retired on February 28, 1985, after fourteen years with the Akron University School of Law where he served as Associate Dean from 1974 to 1979 and as the Interim Dean from 1979 to 1981, returning to the Associate Deanship from 1981 to 1984.

Retiree Welfare Benefits: Erisa, Lmra And The Federal Common Law, Frances Figetakis

Akron Law Review

Part I of this comment will examine the applicable statutory law in this area. Part II will examine the developing body of federal case law. Part III will address the underlying policy concerns in conjunction with already established precedent to provide insight into what the law in this area should be.

Legal Malpractice Statutes Of Limitations: A Critical Analysis Of A Burgeoning Crisis, Joseph H. Koffler

Akron Law Review

Surprisingly little has been written on the law of legal malpractice. Even more disturbing is the fact that there is little analytical writing to help guide the courts and bar in this area. The analysis and recommendations contained in this article are intended as a basis in developing rules for statutes of limitations in legal malpractice actions that meet the needs of the parties, the test of fundamental fairness, and evoke a genuine sense of confidence in society.

One Step Forward And Two Steps Backward - Goodwill As A Distributable Asset Of A Law Partnership, Jean Hoffman

Akron Law Review

The Ohio Supreme Court examined both the traditional and modern views of goodwill as an asset in a law partnership and held that it was not against public policy to include measurable goodwill as an asset upon the dissolution of a law partnership. The court also concluded that ethical considerations did not preclude finding goodwill in a law partnership. However, the court held that goodwill could be distributed upon the dissolution of the partnership only when it was specifically provided for in the partnership agreement. This paper will examine the Spayd v. Turner, Granzow and Hollenkamp court's findings and the …

Due Process As Consumer Protection: State Remedies For Distant Forum Abuse, Alan K. Chen

Akron Law Review

This article takes the position that distant forum abuse is a practice which should be and can be halted by the employment of state consumer protection statutes. The article first lays out a history of distant forum abuse and its role as a tool for debt collection harassment. Next, it examines legal developments in this area at both the federal and state levels, and explains the need for a more wide-reaching remedy in most jurisdictions. The third section briefly addresses important aspects of procedural waivers under contract law which must be taken into account by policy-makers when fashioning new remedies …

The Ohio Supreme Court's Move Toward Quality Control Of Court-Appointed Counsel For Indigent Defendants Charged With Capital Offense Crimes, George J. Ticoras

Akron Law Review

This comment outlines the law in Ohio concerning court-appointed representation of indigent defendants in capital offense cases. A brief look at Ohio's "pre-C.P.Sup.R. 65" period provides the proper backdrop in which to examine C.P.Sup.R. 65's relation to the Ohio Public Defender's Regulations and the impact this rule may have throughout the State.

Lawyer Discipline In Ohio During The 1980'S: A Decade Of Progress?, Stanley A. Samad

Akron Law Review

Through a series of articles, the author has traced the development of lawyer discipline in Ohio since 1967, with special emphasis on the decade of the 1980's.

This article is intended as an evaluation of the progress in lawyer discipline in Ohio during that decade. The norms for evaluation are the standards for lawyer discipline established by the American Bar Association (ABA) substantively and procedurally. Substantively, the "law of lawyering" appears primarily (although not exclusively) through either the 1969 ABA Model Code of Professional Responsibility (CPR), or the 1983 ABA Model Rules of Professional Conduct and Responsibility (RPC). Procedurally, the …

The Client Retention Agreement - The Engagement Letter, William C. Becker

Akron Law Review

What I propose to do in this paper is to review various aspects of engagement or client retention agreements. As background, I have examined some of the forms' which are suggested for these agreements and a number of agreements currently in use by lawyers and law firms, principally in the Summit County, Ohio area. The purpose of this effort is to examine some key provisions of these agreements and, perhaps, suggest possible improvements.

Death Of The Family: What's Become Of The Parents And The Children, Ronald C. Griffin

Akron Law Review

If something isn't done quickly, America will become the first nation in history in which elderly people enjoy more security than children.

To that end I recommend that family obligations be analyzed in contractual terms. If the law encompasses what courts do with specific conduct, contract law can moderate parental behavior through vehicles such as family counselling. It can sort out family duties and supply legal rationales for resolving family disputes in a constructive way. This article begins with a background discussion - history, literature and insights - then addresses the law and legal analysis.

Shapero - Direct Mail Clarified, William C. Becker

Akron Law Review

In June, 1988 the Supreme Court handed down a decision which the bar had eagerly awaited. Now, the evolving, slippery subject of lawyer advertising and solicitation has been clarified further. This article examines several cases involving attorney advertising and provides a general overview of acceptable and nonacceptable methods of advertising by direct mail.

From Bigelow To Shapero: Steps Along The Way In Attorney Advertising, Horace E. Johns

Akron Law Review

In essence, the rationale for denying attorneys the right to advertise was to protect the public from overly-zealous attorneys who might be inclined to utilize unscrupulous methods to take advantage of unknowing clients.

Five reasons have been offered to support bans on advertising; (1) protection of consumers from misrepresentation concerning both price and the likelihood of successful litigation; (2) commercialization of the legal profession, resulting in neglect of clients; (3) prevention of overcharging and the securing of too many cases by attorneys to cover the costs of advertising; (4) protection of the bar's integrity; and (5) initiation of too many …

Original Understanding And The Constitution, Michael E. Tigar

Akron Law Review

Those who do not understand civil procedure are condemned to repeat it.

So far as I know, I have never had a student who wanted to repeat civil procedure, or any other course that I taught. The person who warned us about history was suggesting, in a broader sense, that if you really understood the past, you would not want to do it over again. Rather, you would appreciate that in every field of human endeavor we try to stand on the shoulders of those who have gone before, so that we can see farther and maybe do better.

But …

Brief Of Amici Curiae South Asian Bar Association Of Washington, D.C., Et Al. In Support Of Appellee And Affirmance, South Asian Bar Association Of Washington D.C., National Asian Pacific American Bar Association, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Racially Disparaging Trademarks

A New Public-Interest Appellate Model: Public Counsel's Court-Based Self-Help Clinic And Pro Bono Triage For Indigent Pro Se Civil Litigants On Appeal, Meehan Rasch

The Journal of Appellate Practice and Process

No abstract provided.

Oral Argument In The Early Roberts Court: A Qualitative And Quantitative Analysis Of Individual Justice Behavior, James C. Phillips, Edward L. Carter

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham

The Journal of Appellate Practice and Process

No abstract provided.

Someone To Watch Over Me: Medical Decision-Making For Hopelessly Ill Incompetent Adult Patients, Debra L. Dippel

Akron Law Review

This comment focuses on the predicament of the hopelessly ill incompetent adult patient. The comment first discusses the legal framework for medical decision-making in general. Next, it examines the legal and medical distinctions between competent and incompetent patients, and the implications of those distinctions. The comment then explores the options in caring for hopelessly ill incompetent adult patients, and the persons who may or should be responsible for exercising those options. The comment also considers the bases upon which the options may be exercised. Finally, the comment contains an examination of the current state of opinion and the law on …

The Domestic Violence Civil Protection Order And The Role Of The Court, Michael J. Voris

Akron Law Review

The Domestic Violence Act, Amended Substitute House Bill 835, which passed in March of 1979, provided, for the first time in Ohio, both civil and criminal remedies for the victims of domestic violence.

This article will examine the civil remedies and offer compelling practical reasons why the civil remedy benefits a large number of victims. The judiciary bears a critical role in affording adequate legal protection to victims of domestic violence. It is this aspect, the role of the Referees and Judges and the problems they face in the application of the legislation in Common Pleas Court, that is the …

July 18, 2015 (Pages 3789-3966), Pennsylvania Legislative Reference Bureau

Volume 45 (2015)

No abstract provided.

Entire Issue Volume 22, Number 1

The Primary Source

Complete issue of Vol. 22, No. 1 of The Primary Source.

Congressional Papers In Mississippi Repositories, Michael B. Ballard, John Sobotka, Bobs Tusa, Sandra Boyd

The Primary Source

Historians and other researchers have begun to recognize over the last half century or so that the papers of United States senators and representatives are a treasure of information on many aspects of American life and on America's position on the world stage. These collections contain valuable data on cross-sections of the human experience, shedding light at once on political, social, familial, economic, governmental (all levels), scientific, military, racial and ethnic, environmental, and recreational developments and/or individuals involved in those various areas. Archivists face an enormous challenge in preserving and processing these collections, and making guides available that reflect the …

The Supreme Court's Impact On Litigation, Stephen L. Wasby

Akron Law Review

The focus of this article is on that segment of the litigation cycle in which lawyers' attention to the Court's rulings affects the cases they bring and how they bring them. To indicate the Court's importance for litigating organizations' existence and functioning, we first explore a set of cases involving the NAACP. These cases, involving the organization's survival, show how the need for organizational maintenance affects an organization's ability to litigate as it would like to do. Drawing on the law of procedure, we next examine cases affecting organizations' ability to bring cases. Then we turn to see how Supreme …