Digital Commons Network^™

The Influence Of Third Parties On The Lawyer-Client Relationship, Stephanie Edelstein

Fordham Law Review

No abstract provided.

Unsettling Questions Regarding Lawyer Civil Claim Settlement Authority, Jeffrey A. Parness, Austin Bartlett

Faculty Articles, Papers, and Other Scholarship

While often presumed or declared to be quite settled, many of the guidelines on lawyer civil claim settlement authority are unsettled, leaving unresolved questions for lawyers, clients, and the courts. The upcoming publication and general circulation by the ALI of The Law Governing Lawyers will help, as may any attention directed toward settlements by the ABA Ethics 2000 Commission, now at work considering possible alterations of the Model Rules of Professional Conduct. Recent experience suggests that state and federal court rulings are not likely to settle much of the present uncertainty. Our review of the prevailing lawyer civil settlement guidelines …

Legal Ethics And A Civil Action, Kevin E. Mohr

Seattle University Law Review

This Article shows how A Civil Action can be used to supplement a course in Professional Responsibility. A Civil Action contains many events that can similarly be used to introduce students to ethical dilemmas they will confront when they enter the profession. These events can breathe life into otherwise dry discussions of acceptable ethical behavior as set out in ethical codes. In accord with the Lessons from Woburn Project's goal to make A Civil Action and its associated materials into a powerful teaching tool, the book's events vividly illustrate the ethical parameters within which a lawyer must operate, ethical parameters …

When Law And Economics Met Professional Responsibility, George M. Cohen

Fordham Law Review

No abstract provided.

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Law Faculty Scholarly Articles

This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.

Less Is More: Teaching Legal Ethics In Context Symposium: 1997 W. M. Mikeck Foundation Forum On The Teaching Of Legal Ethics, Bruce A. Green

Faculty Scholarship

We who teach legal ethics employ many of the teacher's arts to win our students' appreciation for the course. We do not always succeed. As Deborah Rhode has observed, "[t]here are inherent problems and infinite ways to fail in teaching this subject." Yet, we continue to seek a method for teaching the course effectively. If nothing else, our efforts have led to the development of a substantial body of literature on teaching legal ethics to which this Article will contribute. Its focus is on what, rather than how, to teach. This Article asks: What should be the content of the …

5, Amy D. Ronner

American University Law Review

No abstract provided.

Ethical Commitments, Anthony V. Alfieri

Articles

No abstract provided.

A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim

Fordham Law Review

No abstract provided.

Attorneys: The Hypocrisy Of The Anointed--The Refusal Of The Oklahoma Supreme Court To Extend Antidiscrimination Laws To Attorneys In Bar Disciplinary Hearings, Stephen M. Hines

Oklahoma Law Review

No abstract provided.

Some Thoughts On Civil Justice Reform, Samuel C. Butler

Fordham Law Review

No abstract provided.

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

Faculty Scholarship

In attempting to predict and prescribe the future, my vision of the recent history of legal education differs from Professor Moliterno's in certain relevant ways.

I graduated from Law School in 1967. I learned largely through doctrinal courses that delivered steady training in thinking like a lawyer and information about areas of law. These courses exposed me and my classmates to legal lingo and to the standard types of legal arguments. We learned, largely by hearing the teacher and our fellow students, to make verbal moves and to see the strengths and limitations of others' argumentation skills and techniques. We …

"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding

Law Faculty Scholarly Articles

As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.

In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …

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.

Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder

Law Faculty Articles and Essays

There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …

Taking Private Ordering Seriously, Avery W. Katz

Faculty Scholarship

In recent years, the rules and practices of private groups have attracted substantial attention within the field of law and economics. In applications ranging from Robert Ellickson's seminal work on rancher/farmer relations in Shasta County, California, to Lisa Bernstein's investigation of extralegal contractual relations among wholesale diamond traders, to Robert Cooter's study of aboriginal customs in Papua New Guinea, to Robert Scott and Alan Schwartz's analysis of the rulemaking procedures of the American Law Institute, an increasing number of legal and economic scholars have shown how private systems of rules work to regulate economic relations among the communities that adopt …

Risk Management For Lawyers, William H. Fortune, Dulaney O’Roark

Law Faculty Scholarly Articles

Lawyers are under siege. We have become objects of scorn, ridicule, and occasional hatred. If you take your child to the Stephen Spielberg movie Jurassic Park, be prepared for the cheers when the cloned Tyrannosaurus Rex gobbles the lawyer—not a bad guy at all—cowering in the outhouse. In San Francisco a client burst into a California law firm and killed eight and wounded six persons before taking his own life. In response, the president of the California bar linked lawyer-bashing to hate crimes and prevailed on the Miller Brewing Company to withdraw a television commercial depicting a "lawyer-roping rodeo" …

Professional Responsibility And The First Amendment: Are Missouri Attorneys Free To Express Their Views, Elizabeth A. Bridge

Missouri Law Review

The history of First Amendment cases in our country demonstrates that many attorneys have argued successfully for the free speech rights of their clients. When an attorney seeks to invoke the same right as a defense in a professional disciplinary action, however, the attorney may find less shelter under the First Amendment. This Note examines the extent of first amendment protection a Missouri attorney receives when criticizing courts or judges.

Money Laundering And Lawyers, Eugene R. Gaetke, Sarah N. Welling

Law Faculty Scholarly Articles

The federal government has recently enacted money laundering laws to track and discourage the use of money generated by crime. Because some of that money is used to pay legal fees, the laws have a direct impact on lawyers. The laws increase the risk of prosecution for lawyers, inhibit some methods of fee payment, and make some cases less attractive financially. Generally, the laws make law practice more complicated and risky.

The laws have been criticized for their impact on criminal defense lawyers. Critics have raised three broad objections. The first objection is constitutional. Critics have also objected to the …

Professional Responsibility, Mac D. Heavener Iii

South Carolina Law Review

No abstract provided.

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Lawyers As Officers Of The Court, Eugene R. Gaetke

Law Faculty Scholarly Articles

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers and misleads the public. The profession, therefore, should either stop using the officer of the court characterization or give meaning to it. This Article proposes certain modifications of the existing rules of professional responsibility that would bring lawyers' actual obligations more in line with those suggested by the label of officer of the court.

Teaching Professional Responsibility In Law School, Alvin Esau

Dalhousie Law Journal

After eight years of teaching a three-credit course on The Legal Profession and Professional Responsibility to second- and third-year law students, I am left with a sense of great dissatisfaction with the whole enterprise. So deep is my dissatisfaction that I am questioning whether to continue or move into a different course instead. This paper is an opportunity to take stock of my experience and attempt to map out the causes of my dissatisfaction, and to seek some vision, if possible, of what the course should be about, how to teach it, and why I should bother. To give the …

Lawyers In Business, Justin A. Stanley

Northern Illinois University Law Review

This Article explores a new and interesting question in the area of professional responsibility: How should the legal profession deal with large law firms involved in non-legal businesses? The modern trend in today's large law firms towards offering non-legal financial and real estate investment and counseling services poses some difficult professional responsibility questions which this Article begins to explore. Mr. Stanley concludes that the American Bar Association, or some other appropriate agency, should move quickly to deal with this growing problem before the government takes steps to regulate in this area.

The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill

Seattle University Law Review

The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1983, after six years of drafting and lively debate, the American Bar Association adopted the Model Rules of Professional Conduct as its most recent statement of the ethical norms of the legal profession. Shortly thereafter the ABA forwarded the rules to the states for consideration and possible adoption as binding ethical principles. As of this writing, a number of states have adopted the Model Rules, in full or in substantial form, and several more have proposals for such adoption pending before their supreme courts

The Kentucky Supreme Court presently awaits the state bar association's recommendation regarding the Model Rules' …

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson

St. Mary's Law Journal

This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …

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.

Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed

Seattle University Law Review

This Comment briefly discusses the history of Washington v. Seattle School District No. 1, and then demonstrates the difficulties in applying the present ABA Code of Professional Responsibility to certain ethical questions that can arise when the government changes its allegiance in the midst of litigation. The ethical propriety of the Department of Justice's actions is examined, and alternatives are proposed for situations in which the United States, represented in court by the Justice Department, switches sides in the same case.