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Articles 301 - 330 of 485
Full-Text Articles in Entire DC Network
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Scholarly Articles in Law Reviews & Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
Professorial Conflicts Of Interest And "Good Practice" In Legal Education, Paul T. Hayden
Professorial Conflicts Of Interest And "Good Practice" In Legal Education, Paul T. Hayden
Journal of Legal Education
No abstract provided.
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, Rachel S. Arnow Richman
Indiana Law Journal
No abstract provided.
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Ready Or Not, Here They Come: Why The Aba Should Amend The Model Rules To Accommodate Multidisciplinary Practices, Bradley G. Johnson
Washington and Lee Law Review
No abstract provided.
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Faculty Scholarship
If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.
Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel
Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel
Missouri Law Review
Historically, a doctrine has existed within the area of unauthorized practice of law regulation which holds that a corporation or other entity cannot be licensed to practice law and thus cannot legally practice law. Even if the entity hires as an employee an attorney duly licensed to render the service, the doctrine forbids the attomey from representing any party other than the employer because if the attorney were to represent a third party, the entity, a nonlawyer, would be representing the third party, and this would violate the rule that corporations may not practice law.2 The primary motivating rationale of …
Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Missouri Law Review
The Missouri Court of Appeals for the Western District of Missouri ruled, in a case of first impression, that causes of action for legal malpractice are nonassignable. The court found that permitting assignments would be contrary to public policy because assignments would create a marketplace for legal malpractice claims, jeopardize the attorney's duties of loyalty and confidentiality to the client, and restrict access to competent legal services. This Note agrees with the court's result but will explore and challenge the public policy arguments against assignment of legal malpractice claims.
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss
Fordham Law Review
No abstract provided.
Short Story: Free Enterprise Heaven; Ethics Hell, Lawrence J. Fox
Short Story: Free Enterprise Heaven; Ethics Hell, Lawrence J. Fox
William Mitchell Law Review
No abstract provided.
Litigators’ Ethics, Michael E. Tigar
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin
Hofstra Labor & Employment Law Journal
No abstract provided.
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article is framed as a discussion of two proposals for modifying the Model Rules. One would declare fabricated controversy to be out of bounds as a tactical tool. The other would expressly affirm that it is an abuse of confidentiality for lawyers to engage in strategies of partial-truth advocacy, to assert partial truths while deliberately holding back other information that the lawyer should know is needed in order not to mislead others. Both of these techniques, fabrication of controversy and partial-truth advocacy, tend to undercut the trial as a “search for truth” and both interfere with negotiations as a …
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco
Hofstra Labor & Employment Law Journal
No abstract provided.
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond
Hofstra Law Review
No abstract provided.
Truth And Consequences, Stephen Ellmann
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton
Fordham Law Review
[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel
Fordham Law Review
No abstract provided.
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
Faculty Scholarship
This is the edited text of a panel discussion held as part of the legal ethics curriculum at Duquesne University Law School on October 24, 1999. The speakers have had the opportunity to update and correct this text; therefore, this printed version may deviate slightly from what was presented.
Preventing Misconduct By Promoting The Ethics Of Attorneys' Supervisory Duties, Irwin D. Miller
Preventing Misconduct By Promoting The Ethics Of Attorneys' Supervisory Duties, Irwin D. Miller
Notre Dame Law Review
No abstract provided.
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Scholarly Works
Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …
Access To What, Stephen L. Pepper
Access To What, Stephen L. Pepper
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Rationing Justice - What Thomas More Would Say, Michael E. Tigar
Rationing Justice - What Thomas More Would Say, Michael E. Tigar
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Comments On After Legal Aid Is Abolished, Frank Rosiny
Comments On After Legal Aid Is Abolished, Frank Rosiny
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Jonathan A. Weiss
Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Jonathan A. Weiss
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Partners Without Power - A Preliminary Look At Black Partners In Corporate Law Firms, David B. Wilkins
Partners Without Power - A Preliminary Look At Black Partners In Corporate Law Firms, David B. Wilkins
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
The Lawful And The Just: Moral Implications Of Unequal Access To Legal Services, Kathleen Clark
The Lawful And The Just: Moral Implications Of Unequal Access To Legal Services, Kathleen Clark
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Response To Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Michael Horowitz
Response To Should The Government Fund Legal Services - If So, What Should The Lawyers Do, Michael Horowitz
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
After Legal Aid Is Abolished, Geoffrey C. Hazard Jr.
After Legal Aid Is Abolished, Geoffrey C. Hazard Jr.
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Pragmatic Professionalism: An Exercise In Applied Ethics, Amy R. Mashburn
Pragmatic Professionalism: An Exercise In Applied Ethics, Amy R. Mashburn
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Plaintiffs' Class Action Attorneys Earn What They Get, Patricia M. Hynes
Plaintiffs' Class Action Attorneys Earn What They Get, Patricia M. Hynes
Journal of the Institute for the Study of Legal Ethics
No abstract provided.