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Conflicts Of Interest In Real Estate Transactions: Dual Reprensentation—Lawyers Stretching The Rules, Gail S. Shaulys

Western New England Law Review

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

Professional Responsibility—Lawyer Advertising—Restrictions Must Be Narrowly Drawn To Serve Substantial State Interest, James Gerard Schulze

University of Arkansas at Little Rock Law Review

No abstract provided.

The Doctor And His Lawyer: Conflicts Of Interest, Richard H. Underwood

Law Faculty Scholarly Articles

This Article will not survey and catalog all available cases dealing with the "insurance counsel's tightrope." Instead, it will focus on the identification and resolution of conflicts of interest that may arise at various stages of the litigation of a medical malpractice action in which a lawyer has been retained to represent the interests of both the physician policy-holder and his insurance carrier. Many of the problems examined are applicable to all insurance defense litigation, and the combination of large claims and complex issues presented in medical malpractice cases, together with the distrust of lawyers shared by many doctors, provides …

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1969 the Kentucky Supreme Court adopted the American Bar Association's Code of Professional Responsibility as the disciplinary rules binding upon attorneys practicing in the state. The Court adopted the Code as an apparent attempt to provide the Kentucky bench and bar the certainty and guidance offered by a codification of the frequently subjective and occasionally nebulous body of law known as legal ethics. The Court used particular language in its rule adopting the Code, however, which renders uncertain the precise status of the Code in Kentucky. As a result, a conscientious practitioner in Kentucky cannot confidently look to the …

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Law Faculty Scholarly Articles

In the face of persistent criticism of the legal profession, from within as well as without, the Kentucky Supreme Court exhibits a certain degree of ambivalence toward issues of professional responsibility. This ambivalence manifests itself in two ways.

First, the Court's treatment of different categories of professional misconduct seems at times unjustifiably inconsistent. The Court reacts to certain misconduct in an almost uniformly harsh manner, evincing the attitude of a strict disciplinarian for the practicing bar. Occasionally, however, the Court responds to various other kinds of equally gross misconduct with apparently undue leniency. In such cases the Court seems to …

Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

A Gathering Of Legal Scholars To Discuss The Professional Responsibility And The Model Rules Of Professional Conduct: Panel Discussion

University of Miami Law Review

No abstract provided.

The Function Of A Code Of Legal Ethics, L. Ray Patterson

University of Miami Law Review

The traditional view that the function of a code of legal ethics is to define the duties of lawyers and the rights of clients is based on the perception of the lawyer-client relationship as one of simple agency in which the lawyer has the utmost duty of loyalty to the client. The author suggests, however, that this perception is a fallacy that, by overlooking the fact that clients also have duties and lawyers also have rights, can result in antilegal rules of ethics. This result can be escaped, the author proposes, by integrating rules of ethics and rules of positive …

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.

Professional Responsibility: Ethics, Malpractice, And Competency, Gwendolyn G. Embler

South Carolina Law Review

No abstract provided.

Prefatory Remark, John M. Ferren

Cleveland State Law Review

Bill Pincus, therefore, has had a vision. He has been steadfast. He has been substantially responsible for a major, new direction in legal education. He will continue to nourish it. There are few - very few - about whom this much can be said.

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.

Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko

Cleveland State Law Review

The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …

Professional Responsibility Of A Law Teachers, Norman Redlich

Cleveland State Law Review

What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …

Professional Responsibility—Attorney Disqualification—Westinghouse Electric Regenerates An Old Idea—Westinghouse Electric Corp. V.Kerr-Mcgee Corp., 580 F.2d 1311 (7th Cir. 1978), Joseph J. Kempf Jr.

Western New England Law Review

No abstract provided.

The Clinical Method Of Legal Instruction: Its Theory And Implementation, David R. Barnhizer

Law Faculty Articles and Essays

This article assists the process of understanding the clinical methodology by analyzing the following premises. 1. The method of instruction termed "clinical" differs from the Langdellian appellate casebook method in only one respect--the clinical method collects directly experienced legal processes involving a third party (the client) as its core of material studied by the law student while the casebook method utilizes collections of vicariously or indirectly experienced two-dimensional material as its core of learning material. 2. Issues of what specific educational goals are selected by the law teacher, and the techniques of instruction (Socratic, lecture, discussion, videotapes, etc.) are not …

Clinical Education-A Golden Dancer?, W. Wade Berryhill

Law Faculty Publications

Clinical education is acclaimed by its advocates to be the salvation of the wayward and sick soul of the legal profession. Others, the staunch defenders of the more traditional academic methods, believing it to be nothing more than spit and sealing wax, shake their heads and murmur "is nothing sacred?" The purpose of this paper is to take a good "look behind the paint" of clinical education.

Clinical Education At The Crossroads: The Need For Direction, David R. Barnhizer

Law Faculty Articles and Essays

This Commentary rests on five premises. The first is that it is both possible and necessary to understand clinical legal education as a general instructional method. The second is that all legal educators must be more willing to reexamine and clarify the purposes of legal education and to engage in discussion about the primary educational goals to be served. The third premise is that different educational methods possess distinct capabilities for the attainment of specific educational goals and that certain applications of the clinical method are manifestly superior vehicles to facilitate learning in the area of "professional responsibility." The fourth …

Legal Ethics And The Government Lawyer, Eric Schnapper

Articles

All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …

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 …

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.

Elliott E. Cheatham: His Contributions To A Developing Sense Of Professional Responsibility, Robert E. Mathews

Vanderbilt Law Review

It may not, after all, be difficult to be a nunc pro tunc prophet, but it takes real imagination to think of it. Hindsight is quite another matter; all of us are constantly explaining how a better decision years ago would have made for a happier world today. But to think in 1947 of assuming oneself to have been prophesying in 1897 as to what would be the state of affairs fifty years thence reveals an imaginative gift of some magnitude. Not only does it offer a sure-fire guaranty of accuracy of prediction, but also it dramatizes the fallibility of …

Corporate Capacity To Practice Law - A Study In Legal Hocus Pocus, H.H. Walker Lewis

Maryland Law Review

No abstract provided.

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 …