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Articles 271 - 300 of 376
Full-Text Articles in Entire DC Network
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.
Identities And Roles: Race, Recognition, And Professional Responsibility, David B. Wilkins
Identities And Roles: Race, Recognition, And Professional Responsibility, David B. Wilkins
Maryland Law Review
No abstract provided.
Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer
Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer
St. Thomas Law Review
This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Dalhousie Law Journal
This collection of essays edited by Carol Wilton' chronicles the changing character of Canadian law firms from the "golden age" of the sole practitioner in the nineteenth century to the mega-firms of the late twentieth. Most of the essays describe the changing profession through a case study of a single lawyer or firm, and Wilton has collected a representative sample of firms from across the country. Some of the firms remained small or disappeared, while others grew into full-service corporate commercial law firms of several hundred lawyers. Most of the essays focus on the personalities of the lawyers involved, their …
Legal Ethics And The Struggle Of Native Americans, Harry Lee Anstead
Legal Ethics And The Struggle Of Native Americans, Harry Lee Anstead
St. Thomas Law Review
No abstract provided.
An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell
An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell
Faculty Works
UMKC School of Law Professor Irma S. Russell reflects on the professional life and legacy of Judge James K. Logan, exploring his career as a model of integrity, intellect, and dedication to justice. Through the lens of her experiences as his former law clerk, Russell examines broader questions about what constitutes a meaningful and ethical life in the legal profession. Blending biography, personal reflection, and professional critique, Russell argues that authenticity in law arises from commitment to community, ethical responsibility, and the pursuit of the common good.
Introduction: Towards An Inclusive Professionalism, Peter Margulies
Introduction: Towards An Inclusive Professionalism, Peter Margulies
St. Thomas Law Review
The landscape of lawyering seems bewilderingly chaotic today, compared with images of practices past, replete with country clubs and white male practitioners.' Despite their exclusiveness, corporate law firms of old at least had some shared values, and some commitment to norms other than those generated by the market. Our society, as well as the legal profession, is more diverse than it was. The present-day invocation of professionalism is one reaction to the increased diversity of the legal profession, and to the vaulting prominence of market forces, which has reduced many lawyers in major firms to a race to the bottom …
Practiced Moral Activism, Paul R. Tremblay
Practiced Moral Activism, Paul R. Tremblay
St. Thomas Law Review
Readers of legal ethics literature frequently encounter the following question: "Can a good lawyer be a good person?" This Article addresses a variation of that question: "Can a good lawyer be a good person if that person is not a good philosopher?" This new question confronts a perplexing realization about most moral exploration of lawyering-that it takes place amidst a language and an intellectual world with which most practicing lawyers are not familiar or conversant. Of course, the philosophers inhabiting that world and using that language aim to affect the lives of working attorneys in some concrete way,but reading the …
"The Pathology Of Practice--A Short Story,", Philip N. Meyer
"The Pathology Of Practice--A Short Story,", Philip N. Meyer
St. Thomas Law Review
No abstract provided.
Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs
Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs
St. Thomas Law Review
No abstract provided.
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Law Faculty Articles and Essays
The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.
Of Rat Time And Terminators, David R. Barnhizer
Of Rat Time And Terminators, David R. Barnhizer
Law Faculty Articles and Essays
A version of rat time is being created within the legal profession as law schools pump 40,000 graduates a year into a saturated system. Understanding our present condition as a period of rat time can help us diagnose the problems of the legal profession, identify the future responsibilities of law schools and the profession, and create more effective solutions than the bandaids that have been proposed or applied thus far. This is particularly important because lawyers and law schools have lost their way. They are afraid to address their most troubling problems and to take the principled actions necessary for …
Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson
Lawyering Askew: Excesses In The Pursuit Of Fees And Justice, Kenneth Lasson
All Faculty Scholarship
Lawyer-bashing in America has long been a national pastime, having somehow escaped the palliative of political correctness that has greatly diminished other scurrilous pursuits like Jewish-American-Princess-baiting and Polish-joking.
Much of the profession's negative image can be ascribed to the sheer number of people hanging out their shingles as attorneys at law - just about as many per capita as there are inmates currently serving time in all the state prisons. Lawyers are likewise chastised for the hard-sell hucksterism of their advertising, the exponential growth of their caseloads, and the endless upward spiral of their fee scales. No doubt such perceptions, …
Our Worldwide Legal Profession, John Toulmin
Our Worldwide Legal Profession, John Toulmin
Law Quadrangle (formerly Law Quad Notes)
John Toulmin, Queen's Counsel, was a student of Professor William Bishop when he attended the U-M Law School as a foreign Ford Foundation Fellow and Fulbright Scholar in 1964-65. As the president of the Council of the Bars and Law Societies of the European Community (CCBE), he returned to Ann Arbor as the William W. Bishop Jr. Fellow to give the 1993 Bishop Memorial Lecture on the international practice of law. This article is based on his lecture.
In 1965, it did not make sense to talk about a worldwide legal profession. There were many different legal professions which, in …
The Word On Trial, Robin West
The Word On Trial, Robin West
Georgetown Law Faculty Publications and Other Works
Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …
The Lawyer's Duty Of Public Service: More Than Charity?, Tigran W. Eldred, Thomas Schoenherr
The Lawyer's Duty Of Public Service: More Than Charity?, Tigran W. Eldred, Thomas Schoenherr
Faculty Scholarship
The question of whether lawyers have an ethical duty to perform public service-and, in particular, whether the obligation requires that a percentage of time be devoted to providing free legal services to the poor'-has a disjointed and uneven history. Leaders of the bar, espousing various and often conflicting views of morality, compassion, noblesse oblige, and individual autonomy, have contributed to this state of affairs, creating a complicated web of vague ideals that today jeopardizes the legal profession's sense of its own public obligations. On the one hand, the legal profession remains dedicated to the traditional view that public service …
Law And Economics, Michael J. Trebilcock
Law And Economics, Michael J. Trebilcock
Dalhousie Law Journal
Prior to 1960, most North American law schools paid attention only to anti-trust, public utility regulation, and perhaps tax policy from a law and economics perspective (sometimes referred to as the "old" law and economics). However, beginning in the early 1960's with pioneering articles by Guido Calabresi on tort law and Ronald Coase (the 1991 recipient of the Nobel Prize in Economics) on property rights, followed by prolific writings and a comprehensive text by Richard Posner on a vast range of legal issues, the field of law and economics has burgeoned with many lawyers and economists around the world now …
A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo
A Conflict Is A Conflict Is A Conflict: Fiduciary Duty And Lawyer - Client Sexual Relations, Matthew Certosimo
Dalhousie Law Journal
Does a lawyer breach his' fiduciary duty by engaging in sexual activity with a client?' The Nova Scotia Barristers' Society is attempting to answer this very question with a proposed Rule in the Legal Ethics and Professional Responsibility Handbook : Chapter 24 on Sexual Relation-ships with a Client. The purpose of this paper is to review the proposed Rule in the context of a lawyer's fiduciary duty to his client.
Ideology And The Emergence Of Legal Aid In Saskatchewan, Jennie Abell
Ideology And The Emergence Of Legal Aid In Saskatchewan, Jennie Abell
Dalhousie Law Journal
My work at Saskatchewan legal aid (from 1978 to 1982) generated questions for me about law and social change, and about the origins of legal aid in the context of the expansion of the welfare state. I examined the history of legal aid under the N.D.P. in Saskatchewan from 1974-1982 in an earlier work.' I concluded that the Saskatchewan N.D.P did not significantly differ from other provincial parties in its handling of legal aid during that period, and in that sense that legal aid as it was elaborated under a social democratic government was not fundamentally altered.
Preserving The Past, Roger J. Miner '56
Modern Legal Times: Making A Professional Legal Culture, Michael S. Ariens
Modern Legal Times: Making A Professional Legal Culture, Michael S. Ariens
Faculty Articles
Lawyers’ belief in their professionalism was fostered by the creation and development of modern legal institutions. Law schools, bar associations, organizations like the American Law Institute, as well as the system of legal directories, the regional case reporter system, and continuing legal education groups all contributed greatly to the making of a distinctly professional culture of law in America. These institutions prospered in part because of their ideological fit with the professionalizing ethos embodied in Christopher Columbus Langdell’s statement that “law is a science.”
Legal institutions, then, must be evaluated through the ideological lens which encouraged and fostered the notion …
Becoming A Player: A Credo For Young Lawyers In The 1990s, Patricia M. Wald
Becoming A Player: A Credo For Young Lawyers In The 1990s, Patricia M. Wald
Maryland Law Review
No abstract provided.
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
Faculty Publications
The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.
Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke
Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicrs of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services.
Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …
Coping With A Turbulent Environment: Development Of Law Firm Training Programs, Edwin H. Greenebaum
Coping With A Turbulent Environment: Development Of Law Firm Training Programs, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le
The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le
Journal Articles
In 1978 a French television poll queried 982 viewers as to their images of the French lawyer (avocat). Of those polled, less than five percent held a positive view of the avocat. Eighteen percent of the 940 persons who expressed a negative view of the avocat simply conveyed this impression in general terms, but the remainder were more precise. Forty-eight percent of the respondents felt that the avocat was a "money sucker"; fourteen percent saw him as a man without conscience; and another fourteen percent believed that he acted with impunity within his bar. Four percent considered the bar to …
The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill
The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill
Dalhousie Law Journal
D.G. Bell has observed that the torrent "of historical writing on Canadian legal education has yet to be matched by intensive study of the legal profession itself." The aim of the present paper is to demonstrate that, for eighteenth- and early nineteenth-century Nova Scotia, the development of the legal profession was so closely linked to the evolution of the superior courts, especially the Court of Chancery, that the former cannot be studied in isolation from the latter. By the time Halifax was founded in 1749, the attorney at law and solicitor in equity had not only been statutorily entrenched as …
A Profession At Risk, Roger J. Miner '56
A Profession At Risk, Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion
St. Mary's Law Journal
Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …