Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Western Michigan University (6)
- American University Washington College of Law (3)
- Boston University School of Law (3)
- Fordham Law School (3)
- Georgetown University Law Center (3)
-
- Pace University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- William & Mary Law School (3)
- Cleveland State University (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Duke Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Florida Levin College of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Florida State University College of Law (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Penn State Dickinson Law (1)
- Santa Clara Law (1)
- Schulich School of Law, Dalhousie University (1)
- UC Law SF (1)
- UIC School of Law (1)
- University of Baltimore Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pittsburgh School of Law (1)
- University of the Pacific (1)
- Western University (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Legal ethics (11)
- Ethics (7)
- Legal Ethics (5)
- Legal profession (4)
- Legal Profession (3)
-
- Legal education (3)
- Professional Ethics (3)
- Professional conduct (3)
- Attorney-client relationship (2)
- Attorneys (2)
- Confidentiality (2)
- Criminal defense (2)
- Government intervention (2)
- Internet (2)
- Judges (2)
- Law practice (2)
- Lawyers (2)
- Legal scholarship (2)
- Litigation (2)
- Multidisciplinary practice (2)
- Professionalism (2)
- ABA Section of Legal Education and Admissions to the Bar (1)
- Administrator (1)
- Admission (1)
- Affirmative Action (1)
- Agencies (1)
- Agency (1)
- Aggregation (1)
- American Bar Association (1)
- Apology (1)
- Publication
-
- Faculty Scholarship (13)
- Center for the Study of Ethics in Society Papers (6)
- Scholarly Works (5)
- All Faculty Scholarship (3)
- Articles in Law Reviews & Other Academic Journals (3)
-
- Elisabeth Haub School of Law Faculty Publications (3)
- Faculty Publications (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Cornell Law Faculty Publications (2)
- Law Faculty Articles and Essays (2)
- Scholarly Articles (2)
- UF Law Faculty Publications (2)
- Articles (1)
- Faculty Articles (1)
- Faculty Scholarly Works (1)
- Innis Christie Collection (1)
- Law Publications (1)
- Lawyers and the Legal Profession (1)
- McGeorge School of Law Scholarly Articles (1)
- Scholarly Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
- William & Mary Annual Tax Conference (1)
Articles 31 - 57 of 57
Full-Text Articles in Law
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy
Faculty Scholarship
If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
Faculty Scholarship
This is the edited text of a panel discussion held as part of the legal ethics curriculum at Duquesne University Law School on October 24, 1999. The speakers have had the opportunity to update and correct this text; therefore, this printed version may deviate slightly from what was presented.
Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.
Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow
Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
In this Foreword I will explore why we use stories and case studies (and whether stories and case studies are equal to the task) to examine ethical and moral issues in the practice of law and provide an introduction to the interesting tales which will enfold in this Symposium issue. I conclude with some thoughts about how stories and cases should be used to teach legal ethics.
Is The Rule Of Law Cosmopolitan?, Robin West
Is The Rule Of Law Cosmopolitan?, Robin West
Georgetown Law Faculty Publications and Other Works
What I will argue in the bulk of the paper is that whether or not the rule of law implies ethical cosmopolitanism depends: it depends on how we understand or interpret the legalistic sense of justice that law and the rule of law seemingly require. The virtue that we sometimes call legal justice, and the correlative meaning of the rule of law to which it is yoked, can plausibly be subjected to a range of different interpretations, each resting on quite different understandings of the point of law and of what the individual law is meant to protect. Some of …
Why Formalism?, James E. Moliterno
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton
What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
For the purpose of this article, the relevance of my experience as a criminal defense attorney is this: if ever one might expect to find a prosecutor inclined to err on the side of fairness of process and protecting the rights of defendants, it ought to be me. Also, for more than twenty years, I have been something of a professional ethicist--as research fellow, teacher, staff member of an ethics center, chair and/or member of several institutional review boards, pro bono trial counsel to a disciplinary committee, ethics consultant, and expert witness--and, therefore, one might think, especially susceptible to the …
Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher
Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher
Scholarly Works
No abstract provided.
Dueling Class Actions, Rhonda Wasserman
Dueling Class Actions, Rhonda Wasserman
Articles
When multiple class action suits are filed on behalf of the same class members, numerous problems ensue. Dueling class actions are confusing to class members, wasteful of judicial resources, conducive to unfair settlements, and laden with complex preclusion problems. The article creates a typology of different kinds of dueling class actions; explores the problems that plague each type; considers the effect the Supreme Court's decision in Matsushita Electric Industrial Co. v. Epstein, 516 U.S. 367 (1996), has had on these problems; evaluates the efficacy of existing judicial tools to curb them; and proposes an array of possible solutions. The more …
Ethics, Loyalty And Harm To Third Parties: A Debate Based On Spaulding V. Zimmerman, Lloyd B. Snyder, Scott Rawlings
Ethics, Loyalty And Harm To Third Parties: A Debate Based On Spaulding V. Zimmerman, Lloyd B. Snyder, Scott Rawlings
Law Faculty Articles and Essays
This discussion poses the question: should an attorney ever provide information to an opposing party to prevent that party from suffering great harm if the information will have an adverse effect on the attorney's own client? The case that sets the stage for this discussion is Spaulding v. Zimmerman, 243 Minn. 346 (1962).
Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer
Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer
Law Faculty Articles and Essays
The increasing belief among many lawyers that life is comprised of "fear and greed and money" has altered the legal profession and helped make lawyers into one of the most feared and powerful groups in American society - and one of the most scorned. In the midst of the widespread contempt American society is showing lawyers, this article seeks to explain the special role the legal profession serves in our complex democracy. At the same time it condemns attitudes such as those reflected in Fritts' statement. The belief that life is driven by fear, greed, and money has created a …
Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen
Lawyer Role, Agency Law, And The Characterization Officer Of The Court , James A. Cohen
Faculty Scholarship
The law of agency has governed American lawyers since before the Revolution, but recent scholarship about legal ethics and professional role almost entirely ignores it. Most commentators would concede that attorneys are agents, but would quickly add that the lawyer is also an "officer of the court" who has obligations to seek justice. However, analysis of the phrase "officer of the court" reveals that it has surprisingly little content; it is mostly rhetoric, caused by self-love and self-promotion. What little content it has points to a role of the attorney as agent whose obligations to the court are almost identical …
Who Shall We Admit To Our Club?, Lawrence Raful
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Scholarly Works
No abstract provided.
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Law, Ethics, And Religion In The Public Square: Principles Of Restraint And Withdrawal, Samuel J. Levine
Scholarly Works
In recent years, scholars have begun to recognize and discuss the profound questions that arise in attempting to determine the place of religion in the law and the legal profession. This discussion has emerged on at least two separate yet related levels. On one level, scholars have debated the place of religion in various segments of the public sphere, including law and politics. On a second level, lawyers have expressed the aim to place their professional values and obligations in the context of their overriding religious obligations. This article explores, from both an ethical and jurisprudential perspective, the question of …
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Faculty Scholarship
No abstract provided.
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Abuse Of Confidentiality And Fabricated Controversy: Two Proposals, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article is framed as a discussion of two proposals for modifying the Model Rules. One would declare fabricated controversy to be out of bounds as a tactical tool. The other would expressly affirm that it is an abuse of confidentiality for lawyers to engage in strategies of partial-truth advocacy, to assert partial truths while deliberately holding back other information that the lawyer should know is needed in order not to mislead others. Both of these techniques, fabrication of controversy and partial-truth advocacy, tend to undercut the trial as a “search for truth” and both interfere with negotiations as a …
Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green
Public Declarations Of Professionalism Professionalism Symposium, Bruce A. Green
Faculty Scholarship
When it comes to the subject of "professionalism," there is a gap between the leaders of the organized bar and its members. Bar leaders are eager to discuss the subject. For example, this year's annual meeting of the American Bar Association ("ABA") afforded bar leaders, as well as legal academics, a host of opportunities to share strategies to promote "professionalism" and "professional values." The Section of Legal Education and Admissions to the Bar sponsored a program on "Professionalism in Law Schools and the Profession." Organizations representing bar executives, bar presidents, and bar foundations jointly presented a program called "Tough Talk, …
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Faculty Publications
No abstract provided.
Litigators’ Ethics, Michael E. Tigar
The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice
The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice
Articles in Law Reviews & Other Academic Journals
No abstract provided.
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen
Faculty Scholarship
Class action abuse is a particularly interesting area in which to explore both when and why law might fail to affect lawyer conduct and the complexity of the lawyer-entity relationship. By class action abuse, we have in mind three related problems: collusive settlements, inadequate representation of class interests, and payoffs to objectors and their counsel. The law condemns collusive settlements and the lawyers who make them.20 It demands that class counsel adequately represent the class.21 Paying objectors and their counsel to drop their challenges to class settlements is, at best, legally questionable behavior and, at worst, evidence of …
The Chicago Conspiracy Trial: Character And Judicial Discretion, Pnina Lahav
The Chicago Conspiracy Trial: Character And Judicial Discretion, Pnina Lahav
Faculty Scholarship
On October 29, 1969, sometime after two o'clock in the afternoon, following yet another heated exchange with defendant Bobby Seale in a courtroom full of spectators, reporters, and armed guards, Judge Julius Jennings Hoffman turned to a marshal and ordered: "Take that defendant into the room in there and deal with him as he should be dealt with in this circumstance."' Judge Hoffman described the aftermath:
In an attempt to maintain order in the courtroom, the Court thereupon ordered the defendant Seale removed from the courtroom at which time he was forcibly restrained by binding and gagging. The defendant Seale …
The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie
The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie
Faculty Articles
No abstract provided.
Symposium: Regulatory And Liability Considerations, Michael S. Baram, Ellen Flannery, Patricia Davis, Gary Marchant
Symposium: Regulatory And Liability Considerations, Michael S. Baram, Ellen Flannery, Patricia Davis, Gary Marchant
Faculty Scholarship
You can tell from remarks by prior speakers that regulatory approvals and liability prevention are of critical importance to progress in biomaterials. Gene therapy trials and the tragic outcomes of some of those trials have raised the specter of government suspension of clinical studies, termination of funding, and potential liability for personal injury under malpractice or products liability doctrines. Regulatory requirements and the terms of research grants and contracts have to be very carefully addressed by organizations testing, developing, making, selling and using biomaterials, biotechnology, and medical devices. However, many regulatory requirements are incomplete, ambiguous and confusing because the agencies …
Ensuring Able Representation For Publicly-Funded Criminal Defendants: Lessons From England, Peter W. Tague
Ensuring Able Representation For Publicly-Funded Criminal Defendants: Lessons From England, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
While there are skilled private defense lawyers who enthusiastically represent indigent criminal defendants, too often defense lawyers whose income depends upon appointments provide deplorable representation. The problem is well known and pervasive. In addition to the blizzard of claims on appeal of ineffective representation, defenders' efforts have been savaged by judges and by fellow lawyers. These nagging problems persist: to induce private lawyers to represent their clients effectively by eliciting the defendant's story and managing their relationship in a way that at least does not displease the defendant; investigating his and the prosecution's positions; pressing the prosecution for discovery, for …