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Articles 91 - 120 of 376
Full-Text Articles in Entire DC Network
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez
St. Mary's Journal on Legal Malpractice & Ethics
Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
St. Mary's Journal on Legal Malpractice & Ethics
There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan Saab Fortney
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan Saab Fortney
Faculty Scholarship
Black's Law Dictionary defines “tort” as a civil wrong for which a remedy may be obtained. In examining both the economics and jurisprudence related to legal malpractice, the article discusses why the “remedy” portion of this definition is unavailable for many victims of legal malpractice. This discussion considers the different stages of a legal malpractice case, including the challenges that injured persons face in retaining experienced counsel to represent them, the anatomy of the legal malpractice case, and the difficulties in collecting judgements or settlements. The discussion will consider how “capture” and “judicial bias” contribute to the “disappearing legal malpractice …
Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer
Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer
Articles
This article focuses on the application of the Rules of Professional Conduct to licensed attorneys who serve in non-lawyer jobs in government. There is a fair amount of literature about members of the bar who serve as staff counsel in legislatures or executive agencies. There is also literature on Rule 5.7 of the ABA Model Rules of Professional Conduct (“Responsibilities Regarding Law-related Services”) in the context of practicing lawyers who participate in ancillary “non-lawyering” business activities. Model Rule 5.7 deals with “services that might reasonably be performed” or “are related to the provision of legal services” but which are permitted …
The Advent Of Lawyers In Japanese Government, Daniel H. Foote
The Advent Of Lawyers In Japanese Government, Daniel H. Foote
Articles
Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …
Efficiency Engines: How Managed Services Are Building Systems For Corporate Legal Work, William D. Henderson
Efficiency Engines: How Managed Services Are Building Systems For Corporate Legal Work, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
European Communities – Legal Profession – Council Passes Directive Allowing Lawyers To Provide Services Across National Borders (Council Directive, March 22, 1977), David S. Gordon
Georgia Journal of International & Comparative Law
No abstract provided.
Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa
Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa
Law Faculty Scholarship
This Article uses the ethicist Peter Singer's principles to examine and critique the legal profession's pro bono efforts in the face of the persistent gap between the public's legal needs and their ability to meet them. Singer argues that adults should jump into a pond to save a drowning child. Using the drowning child as an analogy, this Article argues that lawyers are morally obligated to (1)increase the amount of their pro bono efforts, (2) be more selective in the cases they take, and (3) be significantly more generous in their financial support for legal services providers. These obligations are …
Laudato Si’ And Care For Our Common Home: What Does It Mean For The Legal Professional?, Lucia A. Silecchia
Laudato Si’ And Care For Our Common Home: What Does It Mean For The Legal Professional?, Lucia A. Silecchia
Seattle Journal of Environmental Law
No abstract provided.
The Lawyer As Lover: Are Courts Romanticizing The Lawyer-Client Relationship?, Bruce A. Green
The Lawyer As Lover: Are Courts Romanticizing The Lawyer-Client Relationship?, Bruce A. Green
Touro Law Review
No abstract provided.
Training Leaders The Very Best Way We Can, Douglas A. Blaze, George Lewis
Training Leaders The Very Best Way We Can, Douglas A. Blaze, George Lewis
Scholarly Works
No abstract provided.
Nothing Could Be Finer? The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus
Nothing Could Be Finer? The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus
Faculty Publications
There is amazingly little contemporary research on the counseling function of government agency lawyers. Most research on federal government lawyers focuses on the Department of Justice, the Attorney General, or the birth of the modern administrative state during the New Deal. Much of this work focuses on the organization of federal litigation authority. At the state level, likewise, recent scholarship focuses on the litigation function of state attorneys general. Meanwhile, we know very little about the agency counseling function or the role of agency counsel in shaping agency policy and practice.
The role of state agency general counsel is an …
Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim
Inside Lawyers: Friends Or Gatekeepers?, Sung Hui Kim
Fordham Law Review
Part I of this Article sets the stage by contrasting two alternative proposals to reform the inside lawyer's role—my reform and Hamermesh's counterreform. Part II discusses the primary empirical disagreements between the two approaches. Part III interrogates the propriety and the utility of invoking the “lawyer as friend” analogy as a model to guide inside counsel's relationships with managers.
Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller
Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller
The University of New Hampshire Law Review
[Excerpt] "While many private sector attorneys offer pro bono legal services that reflect the same level of diligence and skill characteristic of the work done on behalf of their paying clients, the egregious failures described in the MC v. GC case and those that occur in many unreported matters highlight the dangers of pro bono initiatives designed to bridge the “access to justice gap.” As used here, the term “justice gap” refers to the chasm between the need for legal representation in civil disputes and public interest attorneys available to serve poor and working class clients. Justice gap pro bono …
Igniting The Conversation: Embracing Legal Literacy As The Heart Of The Profession, Laura J. Ax-Fultz
Igniting The Conversation: Embracing Legal Literacy As The Heart Of The Profession, Laura J. Ax-Fultz
Faculty Scholarly Works
Law librarians are experts in instruction, databases, scholarship, and more. This broad expertise has exacerbated an identity crisis in the profession. The author argues that law librarians must develop a core identity, such as legal literacy, to navigate an ever-changing legal landscape that questions the future necessity of law librarians.
Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks
Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks
Dalhousie Law Journal
For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Nevada Law Journal
No abstract provided.
The Call For Lawyers Committed To Social Justice To Champion Accessible Legal Services Through Innovative Legal Education, George Critchlow, Brooks Holland, Olympia Duhart
The Call For Lawyers Committed To Social Justice To Champion Accessible Legal Services Through Innovative Legal Education, George Critchlow, Brooks Holland, Olympia Duhart
Nevada Law Journal
No abstract provided.
Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law
Newsroom: Judge Edward Clifton Joins Faculty, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Legal Profession: A Time For Self-Anaylsis, Ralph M. Nader
The Legal Profession: A Time For Self-Anaylsis, Ralph M. Nader
Akron Law Review
Law Day is always a good occasion to look over the role of the profession. Traditionally in many gatherings around the country, the profession has used Law Day to praise itself. This is an occupational trait of the legal profession which is not restricted to Bar Association banquets. I was asked to speak to a number of New York lawyers recently at one such event in New York. As I sat awaiting my turn, the lawyers first praised themselves and after they finished, they began praising judges and gave them awards, scrolls, and plaques. Finally I got up and I …
Law Firm Ownership Of Ancillary Businesses In Ohio - A New Era?, Stephen R. Ripps
Law Firm Ownership Of Ancillary Businesses In Ohio - A New Era?, Stephen R. Ripps
Akron Law Review
The seeds of controversy about ancillary businesses were planted in 1983 when the American Bar Association's House of Delegates approved Model Rule 5.4 prohibiting non-lawyer participation in law firm businesses. Ohio has adopted the ABA Code of Professional Responsibility, not the Model Rules, but the Model Rules may nevertheless have an impact on the interpretation and development of ethical guidelines in Ohio and other Code states. In order to determine the status of ancillary businesses in Ohio today, analysis must proceed in this dual context.
University Of Akron School Of Law Commencement Address, Michael S. Greco
University Of Akron School Of Law Commencement Address, Michael S. Greco
Akron Law Review
University of Akron School of Law Commencement Address...I want to talk with you today about the place of the lawyer in society – your place in society. About the challenges that now confront lawyers and our profession. And about how we must respond to those challenges. I begin with the importance of an independent legal profession in America.
Tomorrow, And Tomorrow, And Tomorrow: Ethics 20/20 Amidst A Changing Profession, Thomas Ross
Tomorrow, And Tomorrow, And Tomorrow: Ethics 20/20 Amidst A Changing Profession, Thomas Ross
Akron Law Review
In Part II of this paper, I will sketch briefly my sense of some of the important ways in which the practice of law seems to be evolving. Part III will revisit the work of the Ethics 20/20 Commission and suggest that the posture of the Commission and of the ABA elite in this initiative has been essentially one of accommodation and facilitation, rather than an oppositional stance. I will briefly note a historical instance of the organized bar taking such an oppositional stance and offer some hypotheses about why the organized bar has chosen these two different postures in …
Toward More Equal Access To Justice: The Tennessee Experience, Douglas A. Blaze, R. Brad Morgan
Toward More Equal Access To Justice: The Tennessee Experience, Douglas A. Blaze, R. Brad Morgan
Scholarly Works
No abstract provided.
The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra M. Curtis
The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra M. Curtis
Faculty Scholarship
On October 31, 2013, the Florida Supreme Court in The Florida Bar v. Norkin made it clear that "it wants the trend of escalating incivility among lawyers to stop." With that decision, in which a lawyer was suspended and publicly reprimanded for his behavior, the court urged that "[m]embers of The Florida Bar, law professors, and law students should study" this case "as a glaring example of unprofessional behavior." This article heeds the court's directive to do so, but also places it in the context of the movement to enhance professionalism statewide.
Synergy And Tradition: The Unity Of Research, Service, And Teaching In Legal Education, Frank A. Pasquale
Synergy And Tradition: The Unity Of Research, Service, And Teaching In Legal Education, Frank A. Pasquale
Faculty Scholarship
Most non-profit law schools generate public goods of enormous value: important research, service to disadvantaged communities, and instruction that both educates students about present legal practice and encourages them to improve it. Each of these missions informs and enriches the others. However, technocratic management practices menace law schools’ traditional missions of balancing theory and practice, advocacy and scholarly reflection, study of and service to communities. This article defends the unity and complementarity of law schools’ research, service, and teaching roles. (For those short on time, the chart on pages 45-46 encapsulates the conflicting critiques of law schools which this article …
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe
Articles & Chapters
Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …
Redefining Professionalism, Rebecca Roiphe
Redefining Professionalism, Rebecca Roiphe
Articles & Chapters
Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …
Lawyers And Spoiled Identity, Paul Campos
What The Jobs Are: New Tech, New Client Needs Create A New Field Of Legal Operations, William D. Henderson
What The Jobs Are: New Tech, New Client Needs Create A New Field Of Legal Operations, William D. Henderson
Articles by Maurer Faculty
No abstract provided.