Digital Commons Network^™

Prosecutorial Control Over A Defendant's Choice Of Counsel, William J. Genego

Santa Clara Law Review

No abstract provided.

Legal Ethics And The Good Client, Thomas L. Shaffer

Journal Articles

Modern ethics talks in terms of clients corrupting lawyers, and how lawyers must protect themselves from their client’s bad morals. This Article critiques that understanding and proposes that legal ethics is the study of what is good for a client, not what is good for the lawyer. Properly studied, it is thinking about the morals of someone else—the client. It is not thinking through the client’s conscience, but thinking through the lawyer’s conscience that seeks rectitude, freedom, and goodness for the client.

Common Issues Of Professional Responsibility, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Stipulated Attorney's Fees: A Compromising Situation, Thomas A. Filo

Louisiana Law Review

No abstract provided.

Ethics Of Law Practice Marketing, Frederick C. Moss

Notre Dame Law Review

No abstract provided.

Abusive Tax Shelters, Legal Malpractice, And Revised Formal Ethics Opinion 346: Does Revised 346 Enable Third Party Investors To Recover From Tax Attorneys Who Violate Its Standards, Joseph J. Portuondo

Notre Dame Law Review

No abstract provided.

A Uniform Rule Governing The Admission And Practice Of Attorneys Before United States District Courts, Michael S. Ariens

Faculty Articles

The increase in the interstate and international practice of law necessitates a review of the rules governing the admission of attorneys to practice before federal district courts. By virtue of the sweep of their jurisdictional net, federal district courts are likely to be the fora for litigating most interstate or international disputes. The present rules, based upon the antiquated notion that lawyers only rarely practice law in federal district court, and then only in the federal district court located in the state in which they practice, do not address this change in the practice of law.

For these reasons, a …

The Sale Of A Law Practice: The Model Rules Of Professional Conduct Point In A New Direction, Stephen E. Kalish

University of Miami Law Review

No abstract provided.

Attorney Disqualification For A Conflict Of Interest In Federal Civil Litigation: A Confusing Body Of Law In Need Of Organization, Bruce L. Silverstein

Villanova Law Review (1956 - )

No abstract provided.

Ethics: Professionalism, Craft, And Failure, James R. Elkins

Kentucky Law Journal

No abstract provided.

Taking And Pursuing A Case: Some Observations Regarding "Legal Ethics" And Attorney Accountability, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses some of the potential liabilities that may arise from an attorney's decision to decline, refer, undertake, continue or discontinue the prosecution of a civil action. This Article suggests that counsel's obligations to his or her client, adversary, and fellow members of the bar, as well as to the judiciary and the justice system, can be balanced without subjecting attorneys to liability. This balance can be attained, however, only if potential problems are spotted and minimal precautions are taken.

The 1982 New York Legal Aid Strike: Ethical Implications Under The Code Of Professional Responsibility, Randy Lee Arthur

Hofstra Labor & Employment Law Journal

No abstract provided.

Limits To Attorney-Client Confidentiality: A "Philosophically Informed" And Comparative Approach To Legal And Medical Ethics, Nancy J. Moore

Case Western Reserve Law Review

No abstract provided.

The Attorney’S Duty To Reveal A Client’S Intended Future Criminal Conduct, Timothy J. Miller

Duke Law Journal

No abstract provided.

The Lawyer's Allegiance: Priorities Regarding Confidentiality, R. W. Nahstoll

Washington and Lee Law Review

No abstract provided.

A Critique Of Interest On Lawyers' Trust Accounts Programs, Amanda French Palmer

Louisiana Law Review

No abstract provided.

Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

Ethical Problems Involved In Undercover Operations Against Lawyers - The Congressional Testimony Of Monroe Freedman, Monroe H. Freedman

Hofstra Law Faculty Scholarship

Mr. Chairman, and Members of the Subcommittee: Thank you for inviting me to testify regarding S. 804-The Undercover Operations Act. I have been asked to provide relevant biographical information and have done so in a footnote. My principal concern with S. 804 relates to undercover operations directed against corruption in the administration of justice. I do not mean that such investigations necessarily raise more serious problems than those directed against, say, political organizations, religious groups, or news agencies; indeed, some of my suggestions may be applicable to those areas as well. As one who has a particular interest in the …

Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris

University of Miami Law Review

Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations

Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law

West Virginia Law Review

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

Movement In Attitude And Structure From The Code To The Model Rules

William Mitchell Law Review

No abstract provided.

Attorney Advertising In Minnesota

William Mitchell Law Review

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Ethical Issues In The Representation Of Individuals In The Commitment Process, Michael L. Perlin, Robert L. Sadoff

Law and Contemporary Problems

No abstract provided.

Attorney Accountability In Kentucky--Liability To Clients And Third Parties, Gerald P. Johnston

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Moral Theology In Legal Ethics, Thomas L. Shaffer

Journal Articles

I am talking at a Lutheran university and therefore should probably have some theses, some propositions that I could nail to the chapel door. But I'm afraid I have failed Martin Luther: I have only one thesis and it is not ready for a nail. It is still as much a question as a thesis. My question is whether there is any point in including moral theology in the study of legal ethics in the university. Let me be candid: I teach the typical required course in "professional responsibility," and I do a lot of writing on ethics, and I …

A Gathering Of Legal Scholars To Discuss The Professional Responsibility And The Model Rules Of Professional Conduct: Panel Discussion

University of Miami Law Review

No abstract provided.

The Function Of A Code Of Legal Ethics, L. Ray Patterson

University of Miami Law Review

The traditional view that the function of a code of legal ethics is to define the duties of lawyers and the rights of clients is based on the perception of the lawyer-client relationship as one of simple agency in which the lawyer has the utmost duty of loyalty to the client. The author suggests, however, that this perception is a fallacy that, by overlooking the fact that clients also have duties and lawyers also have rights, can result in antilegal rules of ethics. This result can be escaped, the author proposes, by integrating rules of ethics and rules of positive …