Digital Commons Network^™

Private Practice And Cause Lawyering: A Practical And Ethical Guide, Bettina E. Brownstein

University of Arkansas at Little Rock Law Review

No abstract provided.

Ethical Issues Concerning The Experience Of Representational Predicaments At Work, Robin Stanley Snell, Mei Ling, May Wong, Suk Kwan, Sandy Hui

Hong Kong Institute of Business Studies Working Paper Series

Representational predicaments refer to situations in which job incumbents believe that dominant authorities are holding incomplete or otherwise incorrect work-related assumptions about them. We carried out qualitative interviews with a diverse and gender-balanced sample of 55 Hong Kong Chinese job incumbents, from whose perspective we identified three broad categories of representational predicament: (1) doing unvalued work; (2) doing thankless work; and (3) being subject to distorted representation. Each category of representational predicament was reported both by female and male informants, with females reporting more representational predicaments than males. Stories of unvalued work referred either to unnoticed and unvalued work, which …

The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Rethinking The Public In Lawyers' Public Service: Pro Bono, Statgic Philanthropy, And The Bottom Line, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Lawyers Without Borders, Catherine A. Rogers

Faculty Scholarship

Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …

Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Peter A. Joy

Scholarship@WashULaw

The legal academy has given little thought to how practicing law within law schools affects professional responsibilities and is different from representing clients in a traditional law firm or how notions of academic freedom affect lawyering in law schools. Yet repeated attempts to interfere with law clinic representation starkly illustrate how lawyering in the academy might be different, under notions of professional responsibility and academic freedom, from other lawyering or typical law teaching.

Scholarship on interference in clinical programs has focused primarily on the impropriety of interference on the institutional autonomy of law schools by those outside the university, such …

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Scholarship@WashULaw

Environmental experts come from many fields, including biology, geosciences, ecology, chemistry, engineering, social science, and economics. Each discipline has its own set of norms, practices, ethics, guidelines, and procedures, which differ from those of the legal profession. Wherever the disciplines intersect, there is a potential for disagreement. This Article examines one such set of potential clashes — the conflict between a lawyer‘s duties of loyalty and confidentiality, and the engineer‘s paramount duty to the public health, safety, and welfare.

Lawyers Without Borders, Catherine A. Rogers

Faculty Scholarship

Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Lawyering Loyalties: Speech Rights And Duties Within Twenty-First-Century New Governance, Orly Lobel

Fordham Law Review

No abstract provided.

Choice Of Law For Professional Responsibility Issues In Aggregate Litigation, Nancy J. Moore

Faculty Scholarship

As the rest of the papers in this symposium issue demonstrate, aggregate litigationi raises difficult, often intractable choice-of-law issues for judges, as well as for litigants and their lawyers. Typically, judges must choose among rules governing not only substantive law, but also statutes of limitations, allocation of damages, and punitive damages. 2 What is less well-recognized is that aggregate litigation may also present difficult choice-of-law issues regarding the ethical conduct of the lawyers involved in these cases. So far, these issues have barely surfaced, not because professional responsibility questions have not been raised with respect to aggregate litigation, but rather …

Ethical Exploitation Of The Unrepresented Consumer, The, Victoria J. Haneman

Missouri Law Review

This article begins in Section I with a brief overview of the debt industry. Section II describes the circumstances of an unrepresented defendant in the adversarial system of justice. The conventional codes of professional responsibility are weighed against a broader framework of normative ethics in Section III. Section IV illustrates how the particulars of the debt-buying setting are emblematic of broader issues. Two solutions are then discussed in Section V: One broadly targets the failure of attorneys' ethical codes to account for the collapse of the adversarial myth in cases involving unrepresented litigants; the other is a more tailored solution …

Are You In Good Hands: Is The Use Of In-House Counsel Right For South Carolina Insurance Defense, Eric Montalvo

South Carolina Law Review

No abstract provided.

View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona

Cleveland State Law Review

Drawing out the deeper questions of pragmatism, professional autonomy, argues, contrary to the dominant academic opinion in the field, that the empirical underpinnings of multidisciplinary practice (MDP) are weak as are its theoretical justifications and overall compatibility with the policy imperatives of true professionalism. The Article is in a sense a response to the observation of the eminent scholar of the legal profession, Professor Charles Wolfram that, "shockingly little has been written in opposition to MDP." The Article critically examines and refutes the arguments deployed in support of MDP, a subject that has attracted much attention in recent times as …

“Lawyers” Not “Liars”: A Modified Traditionalist Approach Yo Teaching Legal Ethics, Lonnie T. Brown Jr.

Saint Louis University Law Journal

No abstract provided.

Teaching Lawyers Ethics, Bruce A. Green

Saint Louis University Law Journal

No abstract provided.

Teaching Legal Profession: Ethics Under The Model Rules, Dennis J. Tuchler

Saint Louis University Law Journal

No abstract provided.

Teaching Professional Responsibility And Ethics, Ronald D. Rotunda

Saint Louis University Law Journal

No abstract provided.

Lawyering In The 21st Century: A Capstone Course On The Law And Ethics Of Lawyering, Judith L. Maute

Saint Louis University Law Journal

No abstract provided.

"Lawyers" Not "Liars": A Modified Traditionalist Approach To Teaching Legal Ethics, Lonnie T. Brown

Scholarly Works

As attorneys, we undeniably should be faithful confidantes to, and staunch allies for, our clients, but we must also never lose sight of the fact that we are not simply client representatives; we are concurrently officers of the court and keepers of the public trust. Though I strive diligently to make my students aware of the specific ethical duties owed to clients, I always stress even more intently the importance of these latter two components of their professional obligation. They are what set the practice of law apart from other occupations, and they are what should serve to inspire us …

The Unforeseen Ethical Ramifications Of Classroom Participation In Law School Clinics, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

The past decade has seen an enormous expansion in both the types of clinical programs offered by law schools and the role of clinical education in the law school curriculum. With this development has come greater involvement on the part of classroom faculty in clinical programs, who are increasingly collaborating with clinic faculty and students in clinic cases in a variety of ways. In this article, Professor Rovner asserts that such collaborations, as desirable as they may be for the practical and pedagogical benefits they offer, also may present significant ethical issues for faculty, students and clients.

This article analyzes …

Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Colin P. Marks

St. Mary's Law Journal

Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides legal …

Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel, Colin P. Marks

Faculty Articles

Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides legal …

From Lapdog To Watchdog: Sarbanes-Oxley Section 307 And A New Role For Corporate Lawyers, Peter C. Kostant

NYLS Law Review

No abstract provided.

"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein

Fordham Law Review

No abstract provided.

The Curious Incident Of The Law Firm That Did Nothing In The Night-Time, Nancy B. Rapoport

Scholarly Works

This essay argues that organizations (here, the Milbank, Tweed law firm) often ignore obviously bad behavior by their employees because of various psychological and sociological factors that prevent them from recognizing the behavior as bad in the first place.

Peace Is Not The Absence Of Conflict: A Response To Professor Rogers' Article: "Fit And Function In Legal Ethics", Kirsten D. Weisenberger

ExpressO

This paper takes the theoretical model Professor Catherine Rogers developed in her article “Fit and Function in Legal Ethics: Developing a Code of Conduct for International Arbitration,” 23 MICH. J. INT’L L. 341 (2002) as the starting point for an original argument that conflicts of laws analysis should be used to determine which legal ethics rules should apply to lawyers practicing international arbitration. The argument is supported by the new ABA Model Rules of Professional Conduct rule on choice of law explicitly applies conflicts of laws analysis to lawyers practicing in the multijurisdictional settings. This paper analyses the new ABA …

Marketing, Consumers And Technology: Perspectives For Enhancing Ethical Transactions, Gene R. Laczniak, Patrick Murphy

Marketing Faculty Research and Publications

The advance of technology has influenced marketing in a number of ways that have ethical implications. Growth in use of the Internet and e-commerce has placed electronic "cookies," spyware, spam, RFIDs, and data mining at the forefront of the ethical debate. Some marketers have minimized the significance of these trends. This overview paper examines these issues and introduces the two articles that follow. It is hoped that these entries will further the important "marketing and technology" ethical debate.

Multijurisdictional Practice Of Law Under The Revised South Carolina Rules Of Professional Conduct, Jane Hawthorne Merrill

South Carolina Law Review

No abstract provided.

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency?", Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify …

Are You Misappropriating Client Funds - Missouri's Iolta Plan After Mottl, Timothy D. Steffens

Missouri Law Review

In Mottl v. Missouri Lawyer Trust Account Foundation, the Missouri Court of Appeals for the Western District addressed the constitutionality of Missouri's IOLTA program for the first time and held that participation in Missouri's IOLTA program is not state action because of the voluntary nature of the program. 6 By so deciding, the court shifted liability for participation in the program from the state to private attorneys and law firms. As a result, an attorney must inform a client during initial consultation that the attorney or the attorney's firm voluntarily participates in the IOLTA program and that, as a result …