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Articles 151 - 160 of 160
Full-Text Articles in Law
The Ethical Dilemma Of Campaigning For Judicial Office: A Proposed Solution
The Ethical Dilemma Of Campaigning For Judicial Office: A Proposed Solution
Fordham Urban Law Journal
Candidates for judicial office looked to the Canons of Judicial Ethics for the appropriate behavior expected of a candidate during a judicial campaign. Canons 30 and 32 require candidates to remain free from an appearance of influence by those who have contributed to the campaign. The difficulty in complying with the need to raise money and to remain free from the appearance of influence led to the adoption of the Code of Judicial Conduct in 1972. Canon 7B(2) bars candidates from solicitation and acceptance of campaign contributions. The Note examines the ambiguities surrounding Canon 7B(2), and conducts a survey of …
A Case For Increased Disclosure, Deborah Abramovsky
A Case For Increased Disclosure, Deborah Abramovsky
Fordham Urban Law Journal
The confidentiality rule is important but not absolute. An attorney must weigh his obligations to his client against his obligations to the profession and to the community as a whole. Reasonable certainty of the existence of potential danger should create a duty to reveal client secrets, and thus, when an attorney learns of an imminent threat of death or serious bodily harm to a third party from his client, disclosure should be mandatory. This type of limited exception would not interfere with the client's constitutional rights or with the orderly administration of justice. The policy behind such an exception, i.e. …
A Case For Increased Confidentiality, Abraham Abramovsky
A Case For Increased Confidentiality, Abraham Abramovsky
Fordham Urban Law Journal
The Sixth Amendment right to counsel is a cornerstone of the American legal system. In order to provide effective representation to a client, an attorney must be informed of all the relevant facts, including clients' indiscretions and crimes committed or contemplated by them. To draft effective motions, affidavits, etc., the attorney often needs information that only the client can provide; this same reasoning applies to conducting an effective cross-examination and forming an appropriate trial strategy. In addition, outside the criminal field, an attorney advising a corporate client must also know relevant data. Vital constitutional rights will be lost if lawyers …
Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley
Legal Ethics: Discretion And Utility In Model Rule 1.6, Charles A. Kelbley
Fordham Urban Law Journal
No other profession requires practitioners to identify so closely and completely with the interests and confidences of their clients, as in the legal profession. Unlike doctors, priests, rabbis and other professionals, the lawyer is an adviser but also an advocate. Rule 1.6 is a major flaw in the legal profession's history of self-discipline. This rule fails the test of logic because the concept of discretion which it reflects is self-contradictory. This rule is a crude form of utilitarianism and should be reformulated to require disclosure whenever clients have no right to confidentiality and their conduct would constitute unjustified aggression or …
The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker
The Confidentiality Rule: A Philosophical Perspective With Reference To Jewish Law And Ethics, Gordon Tucker
Fordham Urban Law Journal
Analyzing Rule 1.6 of the Model Rules from a Jewish perspective can help solve some of the conflicts, which have arisen around this particular rule of professional responsibility. In sum, when a lawyer is faced with a potential crime that will likely seriously injury life, limb, or property, an attorney should disclose the information, which he believes will prevent this crime from occurring. While some sources of the confidentiality rule stem from the American legal system, others stem from more general ethical principles. Three such sources of the rule are: the attorney-client contract, the constitutional guarantees stemming from the Fifth …
Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick
Remarks Delivered On The Occasion Of The Presentation Of The Fordham Stein Award To Judge Edward Weinfeld, John D. Feerick
Fordham Urban Law Journal
In the aftermath of a very difficult period for the conscience and reputation of the legal profession, the Fordham Stein Award was endowed for the purpose of providing the profession and society with a sterling example of professional integrity and leadership. The mandate was to search the profession nationwide each year and to select a person whose selfless contribution to the public good exemplified the quiet performance of thousands of others whose dedicated work adds life, vigor and substance to our democracy. In 1985, Fordham Law School awarded the Stein Award to Judge Edward Weinfeld. This article describes the award …
Address By Judge Edward Weinfeld, Edward Weinfeld
Address By Judge Edward Weinfeld, Edward Weinfeld
Fordham Urban Law Journal
This is a transcript of Judge Edward Weinfeld's acceptance of the 1985 Fordham Stein Award.
A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher
A Critique Of Lawyers' Ethics In An Adversary System, William R. Meagher
Fordham Urban Law Journal
Monroe Freedman’s book is largely a reiteration of his unorthodox views, previously aired in various law reviews and other professional publications, regarding ethical standards that should govern the conduct of the trial advocate. Since his positions contradict the behavioral principles codified in two publications of the American Bar Association—the Code of Professional Responsibility and the Standards Relating to the Defense Function—the author adopts the apologetic strategy of impugning both the credibility and the viability of these precepts in order to justify his contrary stance and to clear the way for its general acceptance.
Attorneys Must Not Enter Partnership Agreements Prohibiting Themselves From Representing Former Clients Upon Termination Of Partnership. Dwyer V. Jung, 133 N.J. Super. 343, 336 A.2d 498 (Ch. 1975), Appeal Docketed, No. 3378-74, App. Div., June 18, 1975., Robert L. Schonfeld
Fordham Urban Law Journal
Three attorneys entered into a partnership agreement for the practice of law. Their agreement included a provision that assigned the partnership's insurance carrier clients to individual partners upon the termination of the partnership and restricted the partners from doing business with a client designated as that of another partner for a period of five years. Of these insurance carrier clients, 154 were assigned to the defendant while five were allotted to the plaintiffs. After the partnership was dissolved, the plaintiffs sought a judicial accounting. The defendant counterclaimed, contending that the plaintiffs violated the restrictive covenant of the original partnership agreement …
A Public Citizens’S Action Manual , Lisa H. Blitman
A Public Citizens’S Action Manual , Lisa H. Blitman
Fordham Urban Law Journal
The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …