Law Commons^™

A Higher Duty: A New Look At The Ethics Of The Corporate Lawyer, Harvey Frank

Cleveland State Law Review

Although it has not always been clear to the legal profession that the conduct of its most powerful clients affects ethical responsibilities, the resulting problems have become more evident in recent years to the courts, the Securities Exchange Commission (SEC), and members of the bar. Recent developments have been diffuse, and include a changing legal conceptualization of corporations as well as numerous considerations involved in corporate legal representation. Viewed together and placed into focus, these developments shed considerable light on the sometimes conflicting duties of the corporate lawyer to clients and to the public. While some of these ethical questions …

Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin

Cleveland State Law Review

Despite the increasing importance of the journalist in society, one controversy which has long been of significant concern to reporters has yet to be resolved - the compelled disclosure of journalistic sources in courtroom or grand jury proceedings. Threatened with citation for contempt, the journalist in such situations must often face two equally unacceptable alternatives: divulge a confidential source, or go to jail. To circumvent conflicts of this nature, the journalistic profession has urged the adoption of an evidentiary privilege which would protect reporters from compelled disclosure of confidential sources. This Note will focus on one means of instituting such …

Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild

Continuing Legal Education Materials

Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.

Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo

Michigan Law Review

Part I of this article offers two examples-predicated on historical fact-that illustrate the possible adverse consequences of disclosure of confidential government information. Part I also examines present statutory and regulatory safeguards against such disclosure and analyzes their effect. Part II sets forth a proposal for reducing the possibility that confidential government information will be improperly used and for recouping government losses by means of a citizens' action. when it is so used.

The Newsman's Privilege: Protection Of Confidential Associations And Private Communications, Wayne C. Dabb Jr., Peter A. Kelly

University of Michigan Journal of Law Reform

The purpose of this comment is to determine whether the confidential associations and-or private communications of a newsman are privileged.

Professional Ethics In Criminal Trials: A View Of Defense Counsel's Responsibility, David G. Bress

Michigan Law Review

More than thirty years ago, in Berger v. United States, Mr. Justice Sutherland described the heavy and multiple responsibility assumed by a prosecutor. The United States Attorney, he asserted, not only must be an advocate for the prosecution, but also must ensure that justice prevails. The Justice stated: "It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Hofstra Law Faculty Scholarship

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some ex-tent in the purposeful deception of the court. This problem is no-where more acute than in the practice of criminal law, particularly in the representation of the indigent accused. The purpose of this article is to analyze and attempt to resolve three of the most difficult issues in this general area:

1. Is it proper to cross-examine for the purpose of discrediting the reliability or credibility of an adverse witness …

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Michigan Law Review

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused.

The Purposes Of Advocacy And The Limits Of Confidentiality, John T. Noonan Jr.

Michigan Law Review

The privilege of confidentiality between lawyer and client is a significant barrier to the search for truth and the attainment of justice. Since bankers, accountants, psychiatrists, and confessors are not entitled at common law to confidentiality in their relationships with those with whom they deal, one may well inquire why lawyers possess such an extraordinary privilege. In the early English case which established the lawyer-client privilege, counsel offered several justifications: (I) A "gentleman of character" does not disclose his client's secrets. (2) An attorney identifies himself with his client, and it would be "contrary to the rules of natural justice …

Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.

Michigan Law Review

The purpose of this comment, therefore, is to describe the scope of the banker's duty as to customer information as best it can be discerned in light of the increasing exchange of credit information and increasing resort to such information by government agencies-particularly the Internal Revenue Service. In the process, it is hoped that attention will be drawn to the uncertainty which exists in this area, perhaps prompting action by the states or the banks themselves to clarify the scope of the duty and to encourage uniform treatment of customer information in a manner consistent with this duty.

Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen

Michigan Law Review

A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.

Compensation For Unsolicited Disclosure Of Business Ideas - Noahson V. Gunther Brewing Co., Lewis Noonberg

Maryland Law Review

No abstract provided.

Constitutional Law - Deportation - Use Of Confidential Information In Denial Of Discretionary Relief, George F. Lynch

Michigan Law Review

Plaintiffs, husband and wife, were deportable aliens. At deportation hearings the plaintiffs asked the attorney general to grant discretionary suspension of deportation under section 19 (c) of the Immigration Act of 1917, as amended, which provided in part: "In the case of any alien ... who is deportable ... and who has proved good moral character for the preceeding five years, the attorney general may ... (2) suspend deportation ... if he finds (a) that such deportation would result in serious economic detriment to a citizen .... " Plaintiffs had three children who were all American citizens. The hearing officer …

Evidence-Privilege-Husband And Wife-Attorney And Client

Michigan Law Review

A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?

Waiver Of The Statutory Protection To The Confidential Relation Of Physician And Patient, Harry B. Hutchins

Articles

Waiver of the Tatutory Protection of the Confidential Relation of Physician and Patient.--The subject of the disclosure by the physician upon the witness stand of confidential communications between himself and his patient has already received attention in this journal: 2 MICHIGAN LAW REVIEW, p.687; 3 MICHIGAN LAW REVIEW, p. 311. The case of Long v. Garey Investment Company, decided by the Iowa Supreme Court December 15, 1906, may be briefly noticed, as it discusses a phase of the subject in regard to which the courts are not in entire harmony, namely, the waiver of the privilege that the statute confers.