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Articles 121 - 150 of 268
Full-Text Articles in Entire DC Network
Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan
Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan
Journal of Legal Education
No abstract provided.
An Institutional Analysis Of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, Or The Market, Benjamin H. Barton
An Institutional Analysis Of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, Or The Market, Benjamin H. Barton
Scholarly Works
No abstract provided.
Many Birds, One Stone: Teaching The Law You Love, In Legal Writing Class, Susan P. Liemer
Many Birds, One Stone: Teaching The Law You Love, In Legal Writing Class, Susan P. Liemer
Journal of Legal Education
No abstract provided.
What Gets Judges In Trouble, Richard H. Underwood
What Gets Judges In Trouble, Richard H. Underwood
Law Faculty Scholarly Articles
I wrote this article to collect some cautionary material about “what gets judges in trouble.” I wanted something I could offer to our state judges, practitioners, and my legal ethics students. While I have never been a judge, and while I have never worked for a judicial conduct organization, I have been a law professor for almost twenty-five years and the chairman of a state bar association ethics committee for fourteen. I am not the kind of person who would refrain from holding forth just because I may not know what I am talking about.
When I started out, I …
Asking The Lost Question: What Is The Purpose Of Law School?, Bethany Rubin Henderson
Asking The Lost Question: What Is The Purpose Of Law School?, Bethany Rubin Henderson
Journal of Legal Education
No abstract provided.
The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell
The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell
Faculty Works
This article examines the lawyer’s role as a public citizen through the lens of the professional responsibility to provide pro bono legal services. It explores the evolution and implications of the American Bar Association’s Model Rule 6.1, which defines pro bono service as a professional obligation rather than a discretionary act of charity. The discussion traces the historical foundations of lawyers’ duties to serve the public, the ethical considerations debated by the ABA’s Ethics 2000 Commission, and the tension between voluntary and mandatory service. The article also highlights the practical role of law firms and professional organizations in fostering a …
What I Think That I Have Learned About Legal Ethics, Richard H. Underwood
What I Think That I Have Learned About Legal Ethics, Richard H. Underwood
Law Faculty Scholarly Articles
In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …
Whom (Or What) Does The Organization's Lawyer Represent?: An Anatomy Of Intraclient Conflict, William H. Simon
Whom (Or What) Does The Organization's Lawyer Represent?: An Anatomy Of Intraclient Conflict, William H. Simon
Faculty Scholarship
Professional responsibility issues involving organizational clients are distinctively difficult because organizations consist of constituents with conflicting interests. Legal doctrine has only recently begun to address the effect of internal conflict on a lawyer's responsibilities to an organizational client. Under current doctrine, the lawyer's responsibilities differ strongly depending on whether the representation is characterized as 'joint" representation of the organization 's constituents or "entity" representation. This Article argues that the choice between the two characterizations often has been arbitrary and that the underlying differences between them have been misunderstood. With respect to entity representation, it criticizes a prominent tendency in the …
Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way
Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way
Dalhousie Law Journal
Are legal professionals concerned with "doing good" or just with "doing well" financially? In an age of increasing and intensifying public scrutiny there is a need to examine and challenge the legal profession's conception of professional responsibility, and how it translates into practice. This paper expresses the concern that the profession has moved too far in the direction of a "billable hours" culture, a culture that is falling short of the legal profession's obligation as a self-regulated entity to consider and acknowledge the public interest at all points. The author calls for a broader conception of professionalism, one that encompasses …
Justice For Intersts Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell
Justice For Intersts Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell
Fordham Law Review
No abstract provided.
Stricture And Structure: The Social And Cultural Context Of Pro Bono Work In Wall Street Firms, Cynthia Fuchs Epstein
Stricture And Structure: The Social And Cultural Context Of Pro Bono Work In Wall Street Firms, Cynthia Fuchs Epstein
Fordham Law Review
No abstract provided.
Professional Commitments In A Changed World, Tanina Rostain
Professional Commitments In A Changed World, Tanina Rostain
Fordham Law Review
No abstract provided.
Reforming Law Practice In The Pursuit Of Justice: The Perils Of Privileging "Public" Over Professional Values, Ted Schneyer
Reforming Law Practice In The Pursuit Of Justice: The Perils Of Privileging "Public" Over Professional Values, Ted Schneyer
Fordham Law Review
No abstract provided.
Doing Good While Doing Well In The Twenty-First Century: One Cuban's Perspective, Yvonee A. Tamayo
Doing Good While Doing Well In The Twenty-First Century: One Cuban's Perspective, Yvonee A. Tamayo
Fordham Law Review
No abstract provided.
Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky
Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Ethics, Race, And Reform, Anthony V. Alfieri
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Faculty Scholarship
In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …
Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton
Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton
Fordham Law Review
No abstract provided.
Ethics: Lawyering And Professionalism., Broadus A. Spivey
Ethics: Lawyering And Professionalism., Broadus A. Spivey
St. Mary's Law Journal
Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …
Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii
Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii
St. Mary's Law Journal
The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …
Legal And Professional Ethics: Protection Of Client Identity, Rebecca Wood Hunter
Legal And Professional Ethics: Protection Of Client Identity, Rebecca Wood Hunter
Oklahoma Law Review
No abstract provided.
Choosing, Nurturing, Training And Placing Public Interest Law Students, Richard L. Abel
Choosing, Nurturing, Training And Placing Public Interest Law Students, Richard L. Abel
Fordham Law Review
No abstract provided.
Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich
Ethical Lawyering And The Possiblity Of Integrity, Sharon Dolovich
Fordham Law Review
No abstract provided.
How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman
How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman
Fordham Law Review
No abstract provided.
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Fordham Law Review
No abstract provided.
Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan
Practicing Law In The Interests Of Justice In The Twenty-First Century, Thomas D. Morgan
Fordham Law Review
No abstract provided.
Is "In The Interests Of Justice" In The Interests Of Lawyers? A Question Of Power And Politics, Carroll Seron
Is "In The Interests Of Justice" In The Interests Of Lawyers? A Question Of Power And Politics, Carroll Seron
Fordham Law Review
No abstract provided.
The Belated Decline Of Literalism In Professional Repsonsiblity Doctrine: Soft Deception And The Rule Of Law, William H. Simon
The Belated Decline Of Literalism In Professional Repsonsiblity Doctrine: Soft Deception And The Rule Of Law, William H. Simon
Fordham Law Review
No abstract provided.
Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm
Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm
Fordham Law Review
No abstract provided.
The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner
The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner
Fordham Law Review
No abstract provided.