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The Confidential Communication Element Of The Attorney-Client Privilege, Gerald Sobel

Cardozo Law Review

No abstract provided.

Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong

University of Baltimore Law Forum

No abstract provided.

Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services, Jeffrey W. Stempel

Scholarly Works

In Bates v. State Bar of Arizona, a 1977 decision, the United States Supreme Court overturned the American Bar Association's (ABA) sixty-nine-year-old prohibition of advertising by lawyers. The Bates holding invalidated comprehensive bans on lawyer advertising but left unsettled the scope of permissible regulation. While the Bates Court found attorneys' price advertising to be protected speech under the first amendment, it also stated that false and misleading advertising could be prohibited. The majority expressly declined to consider the problems of advertising claims relating to the quality of legal services.

The organized bar's reaction to Bates has been hesitant and inconsistent. …

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …

Ethical Considerations Of The Federal Lawyer Upon Entering Private Practice, John P. Graceffa

Western New England Law Review

No abstract provided.

Confidentiality And The "Dangerous" Patient: Implications Of Tarasoff For Psychiatrists And Lawyers, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

This essay examines the role conflict of the professional whose patient or client may be “dangerous” to others, and the ways in which professional standards of ethics and practice, incorporated by judicial ruling, contribute to that role conflict. The paper's focus is on the plight of the psychiatrist, but it also addresses the strain felt by the lawyer who either represents such a client or is asked to advise a psychiatrist who has such a patient. It suggests that health-care providers are not altogether justified in assigning sole responsibility for some of their professional difficulties to the law's incursions on …

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1969 the Kentucky Supreme Court adopted the American Bar Association's Code of Professional Responsibility as the disciplinary rules binding upon attorneys practicing in the state. The Court adopted the Code as an apparent attempt to provide the Kentucky bench and bar the certainty and guidance offered by a codification of the frequently subjective and occasionally nebulous body of law known as legal ethics. The Court used particular language in its rule adopting the Code, however, which renders uncertain the precise status of the Code in Kentucky. As a result, a conscientious practitioner in Kentucky cannot confidently look to the …

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Law Faculty Scholarly Articles

In the face of persistent criticism of the legal profession, from within as well as without, the Kentucky Supreme Court exhibits a certain degree of ambivalence toward issues of professional responsibility. This ambivalence manifests itself in two ways.

First, the Court's treatment of different categories of professional misconduct seems at times unjustifiably inconsistent. The Court reacts to certain misconduct in an almost uniformly harsh manner, evincing the attitude of a strict disciplinarian for the practicing bar. Occasionally, however, the Court responds to various other kinds of equally gross misconduct with apparently undue leniency. In such cases the Court seems to …

The Lawyer's Obligation To Be Trustworthy When Dealing With Opposing Parties, Geoffrey C. Hazard Jr.

South Carolina Law Review

No abstract provided.

Calming The Hearse Horse: A Philosophical Research Program For Legal Ethics, David Luban

Maryland Law Review

No abstract provided.

Final Draft Of The Model Rules Of Professional Conduct, American Bar Association

American Bar Association Historical Documents on Ethics

This pullout supplement to the October, 1981 issue of the American Bar Association Journal contains the final draft of the Model Rules of Professional Conduct as prepared and published by the American Bar Association Commission on Evaluation of Professional Standards on May 30, 1981. Because of space limitations, “Legal Background” notes, certain tables, and the index that appear in the Commission's publication have been omitted from this supplement. The Commission also has issued the Model Rules in an alternative draft in the format of the Model Code of Professional Responsibility.

Balzacian Legality: A Proposal For Natural Law Juridicial Standards Of Legality, Thomas E. Carbonneau

Faculty Scholarship

The task of the present article is twofold. First, it represents an attempt to make an original English language contribution to the continuing interdisciplinary inquiry, begun in France, into the presence of law in Balzac's The Human Comedy, by focusing upon themes and novels that have not been the subject of previous individual study. Second, it seeks to contribute to an area of growing interest to legal scholars in the United States – the study of law and literature – by providing an example of the insights one French novelist with legal training and experience had into questions that …

Lieberman: Crisis At The Bar Hazard: Ethics In The Practice Of Law, W. Glenn Watts

MC Law Review

No abstract provided.

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko

Cleveland State Law Review

The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …

Professional Responsibility Of A Law Teachers, Norman Redlich

Cleveland State Law Review

What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg

Fordham Law Review

No abstract provided.

Lawyer-Controlled Title Insurance Companies: Legal Ethics And The Need For Insurance Department Regulation, H. Lee Roussel, Moses K. Rosenberg

Fordham Law Review

No abstract provided.

Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford

Florida State University Law Review

Criminal Law- ETHICS- PUBLIC DEFENDER'S OFFICE IS A "LAW FIRM" FOR PURPOSE OF DETERMINING WHETHER CONFLICT EXISTS IN REPRESENTATION OF CODEFENDANTS.

Legal Ethics And The Government Lawyer, Eric Schnapper

Articles

All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …

Quality Advocacy And The Code Of Professional Responsibility, Minnesota Plan: Mandatory Continuing Legal Education For Lawyers And Judges As A Condition For The Mantaining Of Professional Licensing, The Honorable Robert J. Sheran, Laurence C. Harmon

Fordham Law Review

At the Sixth Annual John F. Sonnett Memorial Lecture, Chief Justice Sheran of the Supreme Court of Minnesota presented a speech on Minnesota's decision to become the first state to mandate continuing legal education for all licensed attorneys and judges in the state. The purpose of the decision, which emphasizes the quality of advocacy in Minnesota, was to implement the concept of Canon 6 of the Code of Professional Responsibility which provided that a lawyer should reprsent a client competently. This Article discusses the considerations and process which led to the adoption of the Minnesota plan.

Quality Advocacy And The Code Of Professional Responsibility, Conflicts Of Interests--A Trial Judge's Notes, The Honorable Orrin G. Judd

Fordham Law Review

The quality of representation is undermined when a client's interests conflict with those of a third party, another client, a former client, or the attorney himself. In addition, a criminal defendant's interests in acquittal or a civil litigant's desire to vindicate his claim may run afoul of a court's search for truth. The Code of Professoinal Responsibility addresses the conflicts of interest problem directly and indirectly in a number of disciplinary rules and ethical considerations. Judge Judd enumerates these provisions in his reflections on some of the conflicts he has witnessed from the bench, and he outlines the judiciary's role …

Quality Advocacy And The Code Of Professional Responsibility, The Attorney-Client Relationship And The Code Of Professional Responsibility: Suggested Attorney Liability For Breach Of Duty To Disclose Fraud To The Securities Exchange Commission, Alan C. Myers

Fordham Law Review

The imposition of increased obligations and liabilities on securities lawyers threatens not onlly the attorney, but the quality of his representation as well. Alan Myers examines the possible consequences of the current expansion of liability, and suggests what the securities lawyer's obligations and liabilities should be under DR 7-102(B)(1) and DR 101(C)(3) of the Code of Professional Responsibility.

Professional Responsibility: Education And Enforcement, Robert H. Aronson

Articles

The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …

Ethics, Morality, And Professional Responsibility, Dallin H. Oaks

BYU Law Review

No abstract provided.

The Ethical Foundation Of Criminal Liability, Emilio S. Binavince

Fordham Law Review

No abstract provided.

Canons 28 And 29 -- An Appraisal, Henry S. Drinker

Vanderbilt Law Review

How far should Canons 28 and 29 of the ABA's Canons of Ethics deter a lawyer from taking or participating in proceedings against a fellow lawyer in a matter involving the propriety of his professional conduct, by reason of the fact that such proceedings may injure such lawyer's professional reputation. The Canons do not clearly or fully cover this problem...

The solution of these problems related to participating in litigation against a fellow lawyer depends in each case to a great extent on the accompanying circumstances. Professional courtesy should not be distorted or overemphasized merely to avoid a disagreeable or …