Digital Commons Network^™

A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith

University of Miami Law Review

Despite the efforts of ardent advocates such as Chesterfield Smith, former president of the American Bar Association, the legal profession has continually failed to adopt a rule requiring mandatory pro bono services. In this article, Mr. Smith proposes a definitive, yet flexible, pro bono rule to govern lawyers' conduct. The author explains that the flexible nature of such a rule will accommodate the individual circumstances of members of the bar while serving the needs of society.

The Future Of The Chinese Wall Defense To Vicarious Disqualification Of A Former Government Attorney's Law Firm

Washington and Lee Law Review

No abstract provided.

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

The Role Of The Law School In The Teaching Of Legal Ethics And Professional Responsibility, Warren E. Burger

Cleveland State Law Review

My thesis is simple and straightforward. Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school.

Symposium Proceedings--Fifteenth Annual Symposium: Legal Ethics: Ideas In Conflict, Monroe H. Freedman, Robert Mckay, Allen B. Zerfoss, Alexander Unkovic, Mary Joe Frug

Hofstra Law Faculty Scholarship

Villanova Law Review dedicated its 1981 Symposium to a discussion of legal ethics. Robert McKay, a member of the American Bar Association's Kutak Commission, which drafted the ABA sponsored Model Rules, presented that group's ideas. Monroe Freedman, the Reporter for the Roscoe Pound-American Trial Lawyer's Foundation Commission on Professional Ethics championed the ATLA's cause. Allen B. Zerfoss, Chief Disciplinary Counsel for the Supreme Court of Pennsylvania and Chairman of the National Organization of Bar Counsel, presented the NOBC's report and views. Completing the panel was Alexander Unkovic, former Chairman of the Disciplinary Board of the Supreme Court of Pennsylvania, who …

The ‘Right To Counsel’ In Political Cases: The Bar’S Failure, David Goldberger

Law and Contemporary Problems

No abstract provided.

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

On Choosing Clients And Careers: A Speculative Essay On The Problems Of Initial Choice, Joseph P. Tomain

Faculty Articles and Other Publications

This paper deals with the moral dimensions of initial choices of careers and clients. Although the foregoing tale is addressed to the initial choice of career, similar considerations enter into the initial choice of clients. The problems of initial career choice were highlighted because they are more immediate to law students.' In addition, one's choice of career may have a significant effect on future choices of clients.

In order for a lawyer to make an initial choice of either career or client, moral questions of the first rank must be answered. The purpose of this paper is to discuss these …

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

The Traditional Ban On Advertising By Attorneys And The Expanding Scope Of The First Amendment, David Richard Taggart

Louisiana Law Review

No abstract provided.

Access To Legal Services Through Advertising And Specialization, Robert H. Staton

Indiana Law Journal

No abstract provided.

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

BYU Studies

No abstract provided.

Professional Responsibility, The Honorable Harold Leventhal

University of Miami Law Review

The lawyer's duty to the public is often referred to by the multifarious term "Professional Responsibility." In his address Judge Leventhal scrutinizes this term from a variety of perspectives. The examination includes a discussion of the means of better serving the needs of the legal consumer through a consideration of the duty to provide competent counsel; the acceleration of the appellate process, from notice to decision; an increase in judicial activeness; a reexamination of confidentiality and of the conflict of values between lawyer and client; and the need for lawyers who would represent public interests.

The Duty Not To Deliver Legal Services, Marc Galanter

University of Miami Law Review

Professor Galanter suggests that the traditional approach to providing legal services in terms of demand (legal needs) and supply (lawyer's services) is inadequate and that alternative methods of providing the benefits of law to everyone must be developed. Arguing that the inequities of the present system stem from the fact that litigation generally pits an individual party against an organizational party with the organization enjoying a sizable advantage, the author suggests that such alternatives as simple and accessible public forums, private sector tribunals, aggressive champions, more competent and organized parties, as well as various forms of augmented legal services may …

Performance Evaluation, Education, And Testing: Alternatives To Punishment In Professional Regulation, Kenneth J. Kavanaugh

University of Miami Law Review

This article outlines the existing concept of self-regulation and focuses on the deficiencies and inadequacies of that concept. The author proposes that to be effective, self-regulation must encompass more than the traditional disciplinary functions of bar association grievance committees. Specific proposals include: mandatory recertification of attorneys; requiring continued professional education for specialties and for areas in which an individual lawyer has demonstrated weakness; creating administrative machinery to monitor the entire spectrum of professional regulation; assigning quality ratings to individual attorneys; and implementing an aggressive public information program to solicit the public's opinion and to publicize steps the legal profession has …

Self-Regulation And Approaches To Maintaining Standards Of Professional Integrity, Stanley S. Arkin

University of Miami Law Review

The article presents an examination of self-regulation in the legal community. The disciplinary process employed by one judicial district in New York City is utilized as a model for examining procedures and provides a basis for offering suggestions for upgrading effectiveness. The problems inherent in the selfregulation of the legal profession are examined from both the practitioner and the lay viewpoint. After focusing on the objectives of self-regulation, the author suggests two important areas of concern-disorder in the courtroom and the "marginal practitioner." The article concludes with several suggestions for reforms in the area of self-regulation including: stiffer requirements for …

The Duty To Deliver Competent Counsel, Charles D. Kelso

University of Miami Law Review

Professor Kelso presents a statistical analysis of the procedures involved in the selection, education, and training of lawyers. He sees many problems with the current system and discusses various solutions. The most provocative alternative appears to be the proposal that the multi-state bar examination be given after the second year of law school.

A Lawyer's Duty To Take All Comers And Many Who Do Not Come, F. Raymond Marks

University of Miami Law Review

This article centers on the legal profession's failure to meet the needs of low income groups within our society. The author advocates that lawyers have a duty to make their legal services available to all types of people having a variety of legal needs. He also contends that this duty goes beyond that presently required by the Code of Professional Responsibility. The author identifies the inadequacies in the present system of delivering legal services and suggests steps to be taken that would improve the system.

Indiana City Attorneys: A Conflict Of Interests, Christina Mckee

Indiana Law Journal

No abstract provided.

Class Actions: The Right To Solicit, Charles D. Schoor

Santa Clara Law Review

No abstract provided.

Renewed Emphasis On Professional Responsibility, John T. Hood Jr.

Louisiana Law Review

No abstract provided.

Group Legal Services And Canon Ii, William P. Young Jr.

Maryland Law Review

No abstract provided.

Ethical Problems And Considerations Arising From The Legal Profession's Duty To Assist Laymen To Recognize Legal Problems, Roger Katz

Cleveland State Law Review

Canon 2 of the American Bar Association's Code of Professional Responsibility staes: "A Lawyer Should Assist the Legal Profession in Fulfilling Its Duty to Make Legal Counsel Available." However, does this duty to make legal counsel available include a duty to help the layman recognize what his problems are? If so, then how may an attorney ethically discharge this duty, and what will be the ramifications when an attorney attempts to discharge it? Many attorneys as well as laymen may be surprised to know that an attorney is ethically bound to assist laymen to recognize their legal problems. An immense …

Contingent Fee: Champerty Or Champion, Arthur L. Kraut

Cleveland State Law Review

In 1952, an article appeared in Reader's Digest magazine castigating both the contingent fee system of financing litigation and the trial lawyers of the United States. Since that article appeared, the client public has been barraged with a stream of propaganda aimed at barring the use of the contingent fee as a means of retaining a lawyer.

Legal Malpractice: Improper Representation Of Conflicting Interests, Marshall J. Nachbar

Cleveland State Law Review

When an attorney, for whatever reason-sloth, over zealous conduct, or personal greed-represents a client without being completely loyal to the client's interests there are several things that may occur. The attorney may be subject to disciplinary or disbarment proceedings. He may be disqualified from further representing his client. If the attorney's actions have resulted in damage to his client the attorney may find himself the defendant in a malpractice action. If the cause of the damage is alleged to be the result of an attorney representing dual interests or improperly representing adverse interests then the cause of action will be …

Minimum Fee Schedules: Guides Or Strait Jackets, Robert L. Simmons, Gary N. Holthus

Cleveland State Law Review

Several states have minimum fee schedules that set the least amount of compensation a lawyer should charge for a specific legal service. There has been much confusion in bar associations across the country as to the application of minimum fee schedules and the consequences of non-compliance. The American Bar Association has published both formal and informal opinions in an attempt to clearly define the functions of the schedules. In view of the opinions, interviews and statistical studies on the subject of minimum fee schedules, it is apparent that they are too rigid to cope with the practical needs of the …

Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger

Cleveland State Law Review

United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.

Constitutional Law--Attorney And Client--Right To Counsel [District 12, United Mineworkers Of America V. Il-Linois State Bar Association, 389 Us. 217 (1967)], David S. Dubin

Case Western Reserve Law Review

No abstract provided.

Group Representation By Attorneys As Misconduct, Richard M. Markus

Cleveland State Law Review

This article is intended to consider the future of group retainers in light of the conflicting views of proponents and opponents. Attention will first be given to the "Canons of Professional Ethics" which affect this subject and the judicial decisions interpreting them. Next, an attempt will be made to evaluate the effect of the Supreme Court Brotherhood case, and other related decisions, upon the Canons. Finally, an effort will be made to anticipate the prospects of group legal service with a view towards implementing or modifying present standards.

Conduct Of Attorneys: Group Practice And Representation, And Significant Developments In Ohio Disciplinary Matters, Samuel T. Gaines

Case Western Reserve Law Review

No abstract provided.