Digital Commons Network^™

Is America Over-Lawyered, Shirley M. Hufstedler

Cleveland State Law Review

Are we over-lawyered? The answer that a lawyer must give is the kind of response that always exasperates laypersons-yes and no. We do have far more lawyers than we can absorb in the existing professional structures, at costs that can be paid by persons who need those services. The unmet need for legal services is very large and growing. Program after program designed to fund legal aid for the poor has been cut or extinguished. Even in a profession that is as crowded as our own, there is always room for the very best, the dedicated and the least selfish.

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 …

Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton

University of Michigan Journal of Law Reform

This Article undertakes a detailed examination of a single lawsuit, Martin Luther King Junior Elementary School Children v. Ann Arbor School District Board. This study first explores the diversity of interests present among both the plaintiff and defendant groups in King, and analyzes the performance of the attorneys in representing these interests. The Article then turns to the problems of resistance that arise at the decree stage in social reform litigation, and presents an empirical evaluation of the factors influencing the response to judicially mandated relief.

All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins

West Virginia Law Review

No abstract provided.

Lawyers And The Pursuit Of Legal Rights, Michigan Law Review

Michigan Law Review

A Review of Lawyers and the Pursuit of Legal Rights by Joel F. Handler, Ellen Jane Hollingsworth and Howard S. Erlanger

An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.

The Codicil

Yearbooks & Class Year Publications

Yearbook of the Class of 1981.

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange

Villanova Law Review (1956 - )

No abstract provided.

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel

Scholarly Works

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers' services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have …

Attorneys' Fees, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Serving The Public Interest: An Overstated Objective, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

It is clear that there are many occasions when legal services would be useful but are not being provided. The question is what the legal profession can do and should be fairly expected to do about this.

Attorneys - Law Firm May Obtain Injunction Barring Soliciation Of Clients By Former Salaried Associates, John Stemplewicz

Villanova Law Review (1956 - )

No abstract provided.

A Dialogue On The Unauthorized Practice Of Law, Roger Hunter, Robert Klonoff

Villanova Law Review (1956 - )

No abstract provided.

Charles H. Miller Lecture -- Lawyers And Their Public Responsibilities, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Attorney Solicitation: The Scope Of State Regulation After Primus And Ohralik, David A. Rabin

University of Michigan Journal of Law Reform

The purpose of this article is to analyze the opinions in Primus and Ohralik, to delineate the scope of permissible state regulation in the wake of those two decisions, and to recommend specific changes in existing state solicitation rules. Part I examines the general nature of attorney solicitation law - by whom it is made and how it is enforced. Part II describes the statutory and constitutional aspects of solicitation law prior to Primus and Ohralik. Part III discusses the Court's holdings in Primus and Ohralik, and the changes in current statutory schemes required by the two …

Alaska Justice Forum ; Vol. 2, No. 2 (February 1978), Douglas Barry, John E. Havelock, John E. Ring

Vols 01-10 (1977-1994)

The February 1978 issue of the Alaska Justice Forum presents articles on police officers who file civil suits for personal injury or defamation; the pros and cons of legal specialization; and the second of six articles on the law on confessions, focusing on the questions of what constitutes "custody" and what constitutes an "interrogation." Also included are a digest of proposed legislation introduced in the Alaska State Legislature, an announcement of an upcoming conference on probation and parole, and a justice training calendar.

Nontraditional Career Alternatives For Law Graduates, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The large increase in the number of law students and law school graduates is causing concern because of lack of opportunities for employment in the private practice sector. This article directs its attention to other areas of work providing career opportunities to law students outside of private practice.

If We Don't Take Care Of Young Lawyers, Who Will?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

There are now more than 450,000 lawyers in this country, almost double the number of 20 years ago. The American Association of Law Schools estimates that the number of law student graduates averages about 34,000 a year. And the Bureau of Labor Statistics of the Department of Labor projects that there will be 26,400 new legal jobs each year until 1985. If law school enrollments stay at their current level, that would mean about 8,000 graduates each year would not be able to find a law-related job.

The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg

Cleveland State Law Review

One point that I shall endeavor to make today is that the Federal Rules of Evidence offer an opportunity for dramatic improvement in federal trial court practice. In the hands of the most experienced practitioner or the novice litigator just weaned from law school, the evidence rules offer a promise of even-handed justice that has heretofore been unavailable. Used properly, the Federal Rules of Evidence hold out a promise that trials might be less costly to litigants in terms of out-of-pocket expenditures, that the societal costs associated with erroneous decisions by trial judges might be reduced, and that federal litigants' …

Attorney Misappropriation Of Clients' Funds: A Study In Professional Responsibility, Gregory Dunbar Soule

University of Michigan Journal of Law Reform

The legal profession has initiated disciplinary processes and clients' security funds in order to achieve certain objectives. This article will delineate these objectives and evaluate whether they have been satisfied. Moreover, it will propose additional goals that the legal profession, given its present status as a self-regulating profession, should attain in satisfying its responsibility for governing the professional conduct of its members. Finally, additional measures that several states have instituted in order to complement the efforts of disciplinary agencies and clients' security funds by fulfilling unsatisfied needs of professional responsibility will be examined.

The Codicil

Yearbooks & Class Year Publications

Yearbook of the Class of 1977.

Lawyers And Justice: The Uneasy Ethics Of Partisanship, Harry W. Jones

Villanova Law Review (1956 - )

No abstract provided.

The Future Of Evidence Law: Or, Some Prophecies About Proof, John W. Reed

Other Publications

I am honored to participate in this seminar that is part of the celebration surrounding the dedication of Colorado's new State Judicial Building. But that feeling of honor is tempered by an awareness of the responsibility and perils of the role I have been asked to play. With the assignment, "The Future of Evidence Law," I have been asked to play the prophet, to be a seer of sorts, and to suggest what rules and principles will govern proof at trials at some date in the future. Exactly what date was not specified in the invitation-a decade, perhaps? A generation? …

Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

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

BYU Studies

No abstract provided.

The Other View Of The Other Government, Mark Green

Michigan Law Review

A Review of The Other View of The Other Government: A Reply

The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell

University of Michigan Journal of Law Reform

After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …

Lawyers And Government Funded Legal Services, Anthony M. Champagne

Villanova Law Review (1956 - )

No abstract provided.

Case Note: Goldfarb V. Virginia State Bar - Lawyers And The Free Enterprise System, Lindsay Schlottman

University of Baltimore Law Forum

No abstract provided.

Legal Education For A Frontier Society: A Survey Of Alaskan Needs And Opportunities In Education, Research And The Delivery Of Legal Services, John E. Havelock

Reports

Alaska is the only state of the United States that does not have a law school. This 1975 study, commissioned by the Alaska Legislative Council and the University of Alaska, is the first comprehensive investigation of the demand for legal and law-related services in Alaska and how that demand can best be met, including an examination of the feasibility of establishing a law school in the state. The study describes contemporary methods of delivering legal services in the state, with particular focus on the needs of rural and middle income Alaskans, and evaluates their cost and efficiency. It evaluates the …