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Law and Society

Selected Works

2012

Lawyers

Articles 1 - 4 of 4

Full-Text Articles in Law

Why Context Matters, Lynn Mather, Leslie C. Levin Dec 2011

Why Context Matters, Lynn Mather, Leslie C. Levin

Leslie C. Levin

No abstract provided.

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How Markets Work: The Lawyer's Version, W. Mark C. Weidemaier, Mitu Gulati Dec 2011

How Markets Work: The Lawyer's Version, W. Mark C. Weidemaier, Mitu Gulati

W. Mark C. Weidemaier

In this article, we combine two sources of data to shed light on the nature of transactional legal work. The first consists of stories about contracts that circulate widely among elite transactional lawyers. Surprisingly, the stories portray lawyers as ineffective market actors who are uninterested in designing superior contracts, who follow rather than lead industry standards, and who depend on governments and other outside actors to spur innovation and correct mistakes. We juxtapose these stories against a dataset of sovereign bond contracts produced by these same lawyers. While the stories suggest that lawyers do not compete or design innovative contracts, …

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Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty Dec 2011

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty

Jane Campbell Moriarty

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …

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Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin Dec 2011

Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin

Leslie C. Levin

Lawyer misbehavior occurs in every country and regulators often struggle to address it effectively. This article looks at six case studies of disciplined lawyers in Australia, Canada, the Netherlands, New Zealand and the United Kingdom. It notes the similarities in the cases and to disciplined lawyers previously described in case studies in the United States. In particular, these case studies involved male lawyers predominantly working in solo or small firms who were insufficiently exposed to positive professional values early in practice. They were willing to lie to achieve their goals and were motivated, at least in part, by money. The …

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