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Ethics

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Choosing, Nurturing, Training And Placing Public Interest Law Students, Richard L. Abel Jan 2002

Choosing, Nurturing, Training And Placing Public Interest Law Students, Richard L. Abel

Fordham Law Review

No abstract provided.


Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich Jan 2002

Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich

Fordham Law Review

No abstract provided.


How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman Jan 2002

How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman

Fordham Law Review

No abstract provided.


Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow Jan 2002

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Fordham Law Review

No abstract provided.


Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan Jan 2002

Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan

Fordham Law Review

No abstract provided.


Is "In The Interests Of Justice" In The Interests Of Lawyers? A Question Of Power And Politics, Carroll Seron Jan 2002

Is "In The Interests Of Justice" In The Interests Of Lawyers? A Question Of Power And Politics, Carroll Seron

Fordham Law Review

No abstract provided.


The Belated Decline Of Literalism In Professional Repsonsiblity Doctrine: Soft Deception And The Rule Of Law, William H. Simon Jan 2002

The Belated Decline Of Literalism In Professional Repsonsiblity Doctrine: Soft Deception And The Rule Of Law, William H. Simon

Fordham Law Review

No abstract provided.


Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm Jan 2002

Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Fordham Law Review

No abstract provided.


The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner Jan 2002

The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner

Fordham Law Review

No abstract provided.


Five Lessons For Practicing Law In The Interests Of Justice, Fred C. Zacharias Jan 2002

Five Lessons For Practicing Law In The Interests Of Justice, Fred C. Zacharias

Fordham Law Review

No abstract provided.


Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis Jan 2002

Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis

Scholarly Works

This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.


Some Ethical Issues Surrounding Mediation, Robert P. Burns Jan 2001

Some Ethical Issues Surrounding Mediation, Robert P. Burns

Fordham Law Review

No abstract provided.


Race Prosecutors, Race Defenders, Anthony V. Alfieri Jan 2001

Race Prosecutors, Race Defenders, Anthony V. Alfieri

Articles

No abstract provided.


Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs Jan 2001

Full Legal Representation For The Poor: The Clash Between Lawyer Values And Client Worthiness, Michelle S. Jacobs

UF Law Faculty Publications

This article seeks to expand the scope of our understanding of values and their connection to the work of poverty lawyers. The article explores the literature on poverty and moral worthiness. In order to bring clarity to the discussion, it examines social science research on defining "values" and detailing how they can affect behavior. Prof. Jacobs describes the reactions of clinical students to a classroom exercise, which asked them to describe the legal representation they would provide to hypothetical clients. This article describes how the link between students' values and broader societal beliefs affect the practices of the bar and …


Report Of The Ethics And Professionalism Working Group, Nanette Schrandt Jan 2001

Report Of The Ethics And Professionalism Working Group, Nanette Schrandt

Fordham Law Review

No abstract provided.


Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan Jan 2001

Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan

Vanderbilt Journal of Transnational Law

This Article explores whether global self-regulation of the legal profession is desirable. The Author explains that as global law practice has grown over the past decade, so has the desire to formulate global rules of professional responsibility. The Article focuses on large law firms offering transnational legal services in many countries. The Author addresses whether and for whom the aspiration to deliver core values at the global level is desirable. He does so by comparing the rhetoric of global self-regulation with the reality of global law practice. In reality, the global law practice has undermined the power of nation states …


Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr. Jan 2001

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …


Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar Jan 2000

Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.


The Virtues And Limits Of Codes In Legal Ethics, Vincent R. Johnson Jan 2000

The Virtues And Limits Of Codes In Legal Ethics, Vincent R. Johnson

Faculty Articles

In the absence of codified standards of ethics, the ethical quality of law practice would degenerate into inconsistency and unpredictability. The presence of an ethics code can unduly burden and limit the practice of law. However, ethics codes should not be thought of as tools to ensure the law is practiced humanely. Instead, they should be viewed as attempts to ameliorate the impediments to a humane practice and to call lawyers to that goal.

Tom Schaffer, a scholar and professor of Ethics at Notre Dame, lamented the fact that the codification of standards of attorney conduct could induce lawyers to …


Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar Jan 2000

Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.


Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach Jan 2000

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …


An Essay On Teaching Professional Responsibility, L. Ray Patterson Dec 1999

An Essay On Teaching Professional Responsibility, L. Ray Patterson

Northern Illinois University Law Review

There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …


Ethics 2000: What Might Have Been, Steven C. Krane Dec 1999

Ethics 2000: What Might Have Been, Steven C. Krane

Northern Illinois University Law Review

The Model Rules of Professional Conduct can perhaps be analogized to a modest house built in the early 1960s. The kitchen and bathroom were updated in the late 1970s, and the garage was converted into an extra room, but otherwise the house has remained unchanged. By the late 1990s, however, it became apparent that the occupants of the house had - along with their neighborhood - changed dramatically. The house no longer met their needs. Clearly, what is needed is for the Commission to build a new house for the occupants to live in. Instead, the Commission is redecorating. It …


On Being A Happy, Healthy, And Ethical Member Of An Unhappy, Unhealthy, And Unethical Profession, Patrick J. Schiltz May 1999

On Being A Happy, Healthy, And Ethical Member Of An Unhappy, Unhealthy, And Unethical Profession, Patrick J. Schiltz

Vanderbilt Law Review

Dear Law Student: I have good news and bad news. The bad news is that the profession that you are about to enter is one of the most unhappy and unhealthy on the face of the earth--and, in the view of many, one of the most unethical. The good news is that you can join this profession and still be happy, healthy, and ethical. I am writing to tell you how. I. THE WELL-BEING OF LAWYERS Lawyers play an enormously important role in our society. "It is the lawyers who run our civilization for us-our governments, our business, our private …


Religion And The Public Defender, Sadiq Reza Apr 1999

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …


Foreword: Rationing Lawyers: Ethical And Professional Issues In The Delivery Of Legal Services To Low-Income Clients, Bruce A. Green Jan 1999

Foreword: Rationing Lawyers: Ethical And Professional Issues In The Delivery Of Legal Services To Low-Income Clients, Bruce A. Green

Fordham Law Review

No abstract provided.


The Use Of Nonlawyers, Derek A. Denckla Jan 1999

The Use Of Nonlawyers, Derek A. Denckla

Fordham Law Review

No abstract provided.


Representation By Private Lawyers, Evan Gourvitz Jan 1999

Representation By Private Lawyers, Evan Gourvitz

Fordham Law Review

No abstract provided.


Representation Within Law School Settings, Ian S. Weinstein Jan 1999

Representation Within Law School Settings, Ian S. Weinstein

Fordham Law Review

No abstract provided.


Accessing Justice: Are Pro Se Clinics A Reasonable Response To The Lack Of Pro Bono Legal Services And Should Law School Clinics Conduct Them?, Margaret Martin Berry Jan 1999

Accessing Justice: Are Pro Se Clinics A Reasonable Response To The Lack Of Pro Bono Legal Services And Should Law School Clinics Conduct Them?, Margaret Martin Berry

Fordham Law Review

No abstract provided.