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Legal ethics

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Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek Jan 2008

Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek

Osgoode Hall Law Journal

This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the …

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Sustainable Professionalism, Trevor C. W. Farrow Jan 2008

Sustainable Professionalism, Trevor C. W. Farrow

Osgoode Hall Law Journal

This article challenges traditional visions of lawyering by building on current alternative narratives and articulating a new discourse of professionalism that is personally, politically, ethically, economically, and professionally sustainable. It is a discourse that makes space for lawyers' principles, interests, and life preferences by balancing them with other important interests (including, but not dominated by, those of clients). It is a discourse that seeks to make good on aspirational promises of equality, access to justice, and protecting the public interest. And it is a discourse that takes seriously obligations to, as well as benefits from, the culturally complicated makeup of …

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The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin Jan 2008

The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin

Osgoode Hall Law Journal

There is a clear public interest benefit for lawyers to ensure access to the rule of law, especially on the part of the vulnerable. This article seeks to show that the seemingly simple relationship between the legal profession and the public interest is in fact more complicated than it looks. Pro bono may be viewed from two perspectives-that of the lawyer and that of the client. From the perspective of the lawyer, the important question is whether there is ethical motivation to engage in pro bono. If, however, the perspective of the client is paramount, then meeting the client's needs …

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Representing A Minor: A Shared Dilemma In Ontario And Massachusetts, Andrew L. Kaufman Jan 2008

Representing A Minor: A Shared Dilemma In Ontario And Massachusetts, Andrew L. Kaufman

Osgoode Hall Law Journal

This commentary considers what lawyers should do when confidential information from their minor clients indicates that the minor's instructions either present a substantial risk of harm to the minor or are irrational. The commentary then asks readers to decide whether and how their personal resolution should be generalized into the law of professional responsibility. The author compares current Ontario and Massachusetts law with a new Massachusetts proposal. The author strongly criticizes the proposal as violating the tenuous compromise between "client-directed" and "best- interests" or "substituted judgment" theories that appear to govern in both jurisdictions in favour of a rule that …

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In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson Jan 2008

In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson

Osgoode Hall Law Journal

While considerable thought and effort have been put into exploring and fixing the ethical rights and professional responsibilities of private Lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical …

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Beyond Cardboard Clients In Legal Ethics, Katherine R. Kruse Jan 2008

Beyond Cardboard Clients In Legal Ethics, Katherine R. Kruse

Scholarly Works

This Article argues that the construction of cardboard clients in legal ethics has disserved legal ethics by obscuring what is arguably a more central problem of legal professionalism: the problem of legal objectification. The problem of legal objectification is the tendency of lawyers to "issue-spot" their clients as they would the facts on a blue-book exam, overemphasizing the clients' legal interests and minimizing or ignoring the other cares, commitments, relationships, reputations and values that constitute the objectives clients bring to legal representation. This Article proposes an alternative ideal of legal professionalism for "three-dimensional clients" based on helping clients articulate and …

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"Lawyers" Not "Liars": A Modified Traditionalist Approach To Teaching Legal Ethics, Lonnie T. Brown Jul 2007

"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 …

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Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney Apr 2007

Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney

Faculty Scholarship

This foreword provides an overview of some key aspects of law practice that have changed over the last thirty years. Advancements in technology that allow communication and interaction across borders have facilitated lawyers in globalizing their practice locality. Consequently, new issues regarding comparative ethics have arisen. This foreword suggests that ethics rules have not kept pace with the changing landscape of law practice and uses current standards for advanced waivers, rules relating to contracts with represented and unrepresented persons, and the proper use of ethics rules in civil litigation to illustrate this point. This foreword raises concern over the erosion …

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Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson Jan 2007

Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson

Articles

No abstract provided.

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Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee Jan 2007

Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee

Indiana Journal of Global Legal Studies

There are doubtless many practical and professional problems that arise in the global legal practice, but this paper suggests that not least of these are issues of legal ethics, in part generated by the global context and not easily amenable to resolution by reference to any single code within the "home" or "host" jurisdiction. For example, there may be difficulties in isolating precisely what those ethical obligations might comprise. These obligations might be rooted in the requirements of local law, but they might arise equally from the values and expectations of the client, or from other lawyers whether inside or …

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Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram Jan 2007

Competitor And Other "Finite-Pie" Conflicts, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

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Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell Jan 2007

Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell

Publications

This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …

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Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney Jan 2007

Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney

St. Mary's Law Journal

This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …

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Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle Oct 2006

Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle

Scholarly Articles in Law Reviews & Journals

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice. Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …

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Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Apr 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …

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Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Apr 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

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Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits Jan 2006

Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits

Fordham Law Review

No abstract provided.

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Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode Jan 2006

Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode

Hofstra Law Review

No abstract provided.

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Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell Jan 2006

Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell

Hofstra Law Review

No abstract provided.

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Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle Jan 2006

Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle

Hofstra Law Review

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.

Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …

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The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri Jan 2006

The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri

Articles

No abstract provided.

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Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green Jan 2006

Taking Cues: Inferring Legality From Others' Conduct, Bruce A. Green

Fordham Law Review

No abstract provided.

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The Emergence Of "Law Consultants", Tanina Rostain Jan 2006

The Emergence Of "Law Consultants", Tanina Rostain

Fordham Law Review

No abstract provided.

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Defending The Unpopular Down-Under, Abbe Smith Jan 2006

Defending The Unpopular Down-Under, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The ethics of criminal defence lawyers and others who represent 'unpopular clients' is a largely unexplored area of legal scholarship in Australia. This article seeks to examine, from a comparative perspective, the motivations and ethical practices of these lawyers. Using interviews with Australian lawyers who represent the criminally accused, prisoners and asylum-seekers, as well as relevant ethical rules and commentary, the article identifies why lawyers undertake unpopular cases and, ultimately, what sustains them. Contrasting Australian legal practice with that in the US, the article discusses the sometimes competing professional obligations to court and client, truth and advocacy, public and profession. …

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Who Is The Corporation's Lawyer, Ethan S. Burger Apr 2005

Who Is The Corporation's Lawyer, Ethan S. Burger

West Virginia Law Review

No abstract provided.

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The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard Mar 2005

The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard

Journal of Legal Education

No abstract provided.

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Accidental Clients, Susan R. Martyn Jan 2005

Accidental Clients, Susan R. Martyn

Hofstra Law Review

Most of the time, lawyers represent clients. But lawyers can be consulted and paid, but not serve as lawyers for clients, for example when they are sought out as friends, escrow agents, corporate officers or expert witnesses. The law governing lawyers recognizes the significance of the client-lawyer relationship by imposing fiduciary duties on lawyers who undertake a client representation. These duties, the "4 C's," include communication, competence, confidentiality, and conflict of interest resolution. A wide variety of legal remedies for breach of the 4 C's, including malpractice, fee forfeiture, disqualification, constructive trust, and professional discipline also belong primarily to clients. …

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Religious Lawyering's Second Wave, Russell G. Pearce, Amelia J. Uelmen Jan 2005

Religious Lawyering's Second Wave, Russell G. Pearce, Amelia J. Uelmen

Faculty Scholarship

Since the mid-1990s, the "religious lawyering movement" has expanded dramatically, receiving greater attention within the academy and the bar. As the movement enters what we term its "second wave" of development, this essay begins with a look back to its "first wave" of path-breaking scholarship and its gradual shift toward more institutionalized structures and programs. It argues that the predominant characteristic of first-wave religious lawyering scholarship was to claim a space within the professional conversation for lawyers to bring religious values to bear on their work. The essay then predicts that in the second wave religious lawyering conversations and scholarship …

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Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell Jan 2005

Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell

Faculty Law Review Articles

The author addresses how modern developments in technology and the law bring with them the need for reassessment of the vision of the lawyer as a public citizen in this introduction to the University of Memphis Law Review issue on the symposium, 21st Century Law, Technology and Ethics: The Lawyer's Role as a Public Citizen.

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Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris Jan 2005

Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris

St. Mary's Law Journal

Today's practice environment is full of potential ethical pitfalls for even the most conscientious lawyer. The consequences of being found guilty of misconduct can include suspension or disbarment from practicing as a lawyer. Added to these concerns is the fact that the judge or hearing panel before whom the case is tried may not be intimately familiar with the particular ethics rules or how they are interpreted in different areas of practice. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Unfortunately for the …

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