Digital Commons Network^™

Teaching Lawyers Ethics, Bruce A. Green

Saint Louis University Law Journal

No abstract provided.

The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …

Lawyers As Sanctifiers: The Role Of Elite Law Firms In International Business Transactions, John Flood

Indiana Journal of Global Legal Studies

Globalization has fundamentally accelerated and altered business transactions. The search for low labor costs and cheap raw materials has led to a proliferation of international transactions, and large, international law firms are called on to participate in complex transactions helping business tap into sources of finance around the world for investment. This article first examines the theoretical underpinnings of international legal practice, taking into account the historiography of U.S. and U.K. law firms. Part II describes the economic and political factors behind law firms' rise. Part III analyzes the success of the common law, as expressed through contract, at the …

Disbarring Jerry Maguire: How Broadly Defining "Unauthorized Practice Of Law" Could Take The "Lawyer" Out Of "Lawyer-Agent" Despite The Current State Of Athlete Agent Legislation, Jeremy J. Geisel

Marquette Sports Law Review

No abstract provided.

Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz

Faculty Scholarship

This article attempts to explain empirically the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows that transactional lawyers add value primarily by reducing regulatory costs, thereby challenging the reigning models of transactional lawyers as "transaction cost engineers" and "reputational intermediaries." This new model not only helps inform contract theory but also reveals a profoundly different vision than those of existing models for the future of legal education and the profession.

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

Carpe Diem: An Opportunity To Reclaim Lawyers' Independence, Louis A. Craco

Pace Law Review

No abstract provided.

Unconscionable Contracting For Indigent Defense: Using Contract Theory To Invalidate Conflict Of Interest Clauses In Fixed-Fee Contracts, Jacqueline Mcmurtie

University of Michigan Journal of Law Reform

Indigent defense remains in crisis and yet constitutional challenges to promote systemic change have met with mixed success. This Article explores the new strategy of applying contract theory and principles to challenge indigent defense contracts that violate the canons of professional responsibility. This Article begins by discussing the author's experience working on cases of indigent defendants whose convictions were overturned through the efforts of the Innocence Project Northwest. The erroneous convictions were facilitated by the indigent defense contract in place at the time of the convictions. Pursuant to this contract, the indigent defense contractor agreed to provide representation in all …

Representing Children In Families--Foreword , Bruce A. Green, Annette R. Appell

Nevada Law Journal

No abstract provided.

Do Attorneys Do Their Clients Justice? An Empirical Study Of Lawyers' Effects On Tax Court Litigation Outcomes, Leandra Lederman, Warren B. Hrung

Articles by Maurer Faculty

Do attorneys really add value or can unrepresented parties achieve equivalent results? This fundamental question ordinarily is difficult to answer empirically. An equally important question both for attorneys and the justice system is whether attorneys prolong disputes or instead facilitate expeditious resolution of cases.

Fortunately, there is a federal court that provides an excellent laboratory in which to test and answer these questions. In the United States Tax Court (Tax Court), where most federal tax cases are litigated, the government always is represented by Internal Revenue Service attorneys but a large portion of the taxpayer litigants proceed pro se. In …

Politically Motivated Bar Discipline, James E. Moliterno

Faculty Publications

Bar discipline and admission denial have a century~long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.

Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox

Fordham Urban Law Journal

This Article looks at Pro Bono work at the top large law firms. The Author examines the pro bono commitment of America's most financially successful firms. The Article describes the contradiction between how the firms present themselves on pro bono work and what they actually accomplish. The Author believes the solution to this situation is mandatory pro bono. The Article proposes that the rules of professional conduct should require pro bono work.

Alleged Conflicts Of Interest Because Of The “Appearance Of Impropriety”, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen

Fordham Urban Law Journal

This Essay is an examination of part-time arrangements at large law firms. The author sets out to start a conversation about professional life and identity in a large firm context.. Part I looks at the commercialization of large law firm practice and how that has created a “crisis” in legal practice. Part II compares the “tyranny of the billable hours” with the dedication to “client service.” The author considers part time work with both of these elements. Part III confronts the cultural obstacles to part-time work. Here, the author acknowledges that even the analysis is accepted there are still cultural …

Book Review Of Jean Stefancic & Richard Delgado, How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (2005), Milton C. Regan

Georgetown Law Faculty Publications and Other Works

"How Lawyers Lose Their Way" claims that lawyers' unease stems from a distinctive source: their excessive use of and exposure to "formalism" in their work. I think that they are on to something, but the analysis in this book is too underdeveloped to provide much insight into what it is. The authors' use of the term "formalism" risks being so inclusive that it loses explanatory power. In addition, their claim that overreliance on formalism is the chief culprit in lawyers' unhappiness is vulnerable to the charge that lawyers arc suffering the effect of trends in the workplace affecting a wide …

The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher

University of Michigan Journal of Law Reform

This Article discusses some of the inadequacies in the current ethical regulation of the legal system and proposes a new approach to crafting and contextualizing rules of legal ethics. The proliferation of specialties and subspecialties in law practice, together with the inadequacies of prevailing ethics regulation and the vagaries of ethics rules formulations from state to state have not served either the public or the legal profession well. Manipulation, motivated by politics and self-interest, of the ideology of the organized bar to adhere to ethical rules predicated on an antiquated and unrealistic model of a unified legal profession has likewise …

Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp

Faculty Scholarship

Until very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients' employment law projects across multiple national jurisdictions. While the world's legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of …

Clients As Teachers, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

I am deeply honored to have been selected to hold the William Van Cleve Chair. After the announcement several months ago, I have had the pleasure of having people tell me just how wonderful a man Bill Van Cleve was and how lucky I am to have this chair in honor of him. The picture that I have gotten of this man is truly that of the lawyer statesman. He took his profession very seriously. He approached his work with dedication and passion but, more significantly, he loved his profession in the broadest sense. He understood that the practice of …

Legal And Ethical Duties Of Lawyers After Sarbanes-Oxley, Roger C. Cramton, George M. Cohen, Susan P. Koniak

Faculty Scholarship

This Article examines the legal and ethical duties of lawyers after Sarbanes-Oxley, focusing on the application, interpretation and ambiguities of the SEC rule implementing Section 307. Although our primary frame of reference will be on the SEC's new rules as an aspect of lawyer regulation, those rules are part of federal securities laws and should be considered in that aspect, i.e., whether they advance the purposes of the federal securities laws. The rules affecting lawyers should not be assessed in a vacuum as a mere turf war between federal regulators on the one hand and the organized bar and its …

Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser

University of Michigan Journal of Law Reform

This Article examines the debate over multidisciplinary practice in the wake of the collapse of Enron and Arthur Andersen. Part I addresses the history of the scholarly debate about multidisciplinary practice in the United States. It discusses the focus on large multidisciplinary firms, feared threats to independent professional judgment, and the current rule concerning lawyers and multidisciplinary practice.

Part II examines the reasons for allowing multidisciplinary practice. The author argues that client demand, lawyer demand, and policy reasons all provide valid reasons for permitting "one-stop" shopping. Part I also discusses existing forms of multidisciplinary practice. The author argues that the …

Lawyers And Domestic Violence: Raising The Standard Of Practice, John M. Burman

Michigan Journal of Gender & Law

Lawyers and judges should be the vanguard of those working to end domestic violence and mitigate its effects, yet they are not. This article is an attempt to change that. It strives to shed some light on the profound effect domestic violence has on law and law practice, as well as the profound effect lawyers and the legal system can have on domestic violence. Part II of this article demonstrates the extent and pervasiveness of domestic violence. Part III describes how domestic violence will affect a lawyer's practice. Part IV provides guidance on what a lawyer should do to determine …

What I Think That I Have Learned About Legal Ethics, Richard H. Underwood

Law Faculty Scholarly Articles

In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …

What Successful Companies Know That Law Firms Need To Know: The Importance Of Employee Motivation And Job Satisfaction To Increased Productivity And Stronger Client Relationships, Theresa M. Neff

Journal of Law and Health

This note examines the importance of employee motivation and job satisfaction to increased productivity and stronger client relationships with law firms. In Part I, I discuss how the pressure of the legal profession can affect lawyers' relationships with their staff members. My analysis will center on recent studies on lawyer job satisfaction, the impact of stress on lawyers, and the public's perception of lawyers. In Part II, I discuss the law firm as a "service" organization and the implications of that orientation. In this section, I also emphasize the importance of building and maintaining relationships with clients and how law …

Comment: The Role Of Outside Counsel In Forming Strategic Alliances, Hewitt B. Shaw Jr.

Case Western Reserve Law Review

No abstract provided.

A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell

Publications

No abstract provided.

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.

15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

15th Annual Scholarship Banquet Program

15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

15th Annual Scholarship Banquet Program

Serving The Poor: The Need For Unification Within Today's Legal Services, Kelley Keenan Trumpbour

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.