Law Commons^™

Speaking Truth To Powerlessness, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The National Association Of Honest Lawyers: An Essay On Honesty, "Lawyer Honesty" And Public Trust In The Legal System, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The growing public disquiet about lawyer ethics is not mainly because people think lawyers neglect their professional standards. Rather, the main problem is the belief among lawyers that the duty of loyalty to clients requires a lawyer to mislead. Specifically, the ethical duty of confidentiality and the ethical duty of zealous advocacy are interpreted together to mean that lawyers must conceal some facts (‘confidentiality‘) while forcefully asserting others. This mis-coupling of these two key ethical duties has an inevitable tendency to produce a kind of partial-truth advocacy in which the lawyer knowingly distracts attention from the truth and fosters misconceptions …

A Nightmare On Main Street (Part Mxl): Freddie Joins An Accounting Firm, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The subject of multidisciplinary practice (“MDP”) has intrigued me for well over a decade. The topic has led me into new areas of research, and sometimes into the cross hairs of colleagues in the legal profession. My views have not always represented the mainstream of thinking among lawyers, and that is reflected in the title of my talk today: “A Nightmare on Main Street (Part MXL): Freddie Joins an Accounting Firm.”

Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Competition between lawyers and accountants is not a new concept. At various times during the past century, these two professions have clashed over the scope and definition of their respective services. Lawyers traditionally have relied upon a professional monopoly to provide “legal” services as a device to exclude nonlawyers from the practice of law. Supported by statutes in many jurisdictions making the unauthorized practice of law a criminal offense and ethics rules prohibiting lawyers from assisting in the unauthorized practice of law, lawyers have always been able to identify some inner sanctum of professional services that only they could handle. …

The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Religious Lawyer In A Pluralist Society, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat

All Faculty Scholarship

No abstract provided.

The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Why Pro Bono In Law Schools, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.

All Faculty Scholarship

The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …

The Moral Labyrinth Of Zealous Advocacy, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicrs of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services.

Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will explore the problem of the attorney's duty to provide clients with adequate information to make informed decisions. It will discuss situations in which such a duty is appropriate, and suggest that a cause of action for informed consent must be limited to those fact patterns where courts have established the right of the client to make the decision. The analysis rejects establishment of a broad right of the client to control all aspects of the representation. The Article will first review the history of the development of professional liability law with particular emphasis on the medical profession, …

The City University Of New York Law School: An Insider's Report, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

The Law School of the City University of New York ("CUNY") is an experiment in whether it is possible for lawyers to integrate their lives. It is not, primarily, an institution with a somewhat novel, somewhat derivative, approach to legal education (although it is that). It is a place where lawyers try to bridge the gap between love and work, those so often dichotomized constituents of life. At CUNY we are trying simultaneously to equip students for survival in the current legal system and to burden them with a critical perspective on that system; to do and think, to practice …

Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Integration Of Responsibility And Values: Legal Education In An Alternative Consciousness Of Lawyering And Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Review Of Managing The Recruitment Process, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Serving The Public Interest: An Overstated Objective, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

It is clear that there are many occasions when legal services would be useful but are not being provided. The question is what the legal profession can do and should be fairly expected to do about this.

Reassessing Law Schooling: The Sterling Forest Group, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Ptolemaism In The Law And Concomitant Needs For Scientific Study Of The Legal System, Fredrick W. Huszagh

Scholarly Works

Traditional law review and text development efforts ensure the internal integrity of the law system. This article has attempted to explore research approaches that can improve the quality and quantity of the linkages between the law and other systems. Inherent in the approaches advocated with the physical science, social science and humanistic disciplines.

Constructive reliance on other disciplines, however, is not easily achieved, since the parts of each major discipline are so disparate and their yearly achievements so substantial. In most instances, their import for the law system cannot be fully grapsed by law scholars, even if they are trained …

The Lawyer As A Citizen, University Of Virginia Law Review Banquet, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.