Law Commons^™

Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, Mahira Siddiqui

Golden Gate University Law Review

In Marsh, the Ninth Circuit held that a prosecutor who photocopied and kept a child's autopsy photograph (and after retirement gave the copy to the press) was entitled to qualified immunity. The court reasoned that there was no "clearly established" law to inform the prosecutor that his earlier conduct in making and keeping the photocopy was unlawful. In so holding, the Ninth Circuit relied on American Manufacturers Mutual Insurance Co. v. Sullivan, which held that a plaintiff must prove that he or she was "deprived of a right secured by the Constitution or laws of the United States."' Moreover, …

Legal Profession, William J. Riegger

Cal Law Trends and Developments

No abstract provided.

Legal Profession, William J. Riegger

Cal Law Trends and Developments

During 1967, the California courts made decisions dealing with admission to the bar, discipline, the statute of limitations in legal malpractice, and just compensation. The legislature also affected the legal profession by expanding the power of local government to employ private counsel, by changing the rules governing admission of out-of-state attorneys to the bar, and by changing certain fee provisions.

The California Supreme Court decided several important bar admission cases. In Hallinan v. Committee of Bar Examiners and March v. Committee of Bar Examiners, the Committee of Bar Examiners made value judgments and, in effect, by refusing certification, attempted to …

Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii

Golden Gate University Law Review

This Comment will discuss (1) the prevalence of domestic violence in America, (2) the governmental responses to domestic violence, and (3) preserving the integrity of the legal profession. This Comment will then focus on how disciplinary courts have treated domestically violent attorneys. Part III examines the murky judicial approach to disciplining domestically violent attorneys, and Part IV criticizes that approach. Finally, Part V sets forth a proposal to cure the ill effects of the current approach, by injecting a greater degree of uniformity, ease, predictability and certainty into the disciplinary process.

Standing Committee On Discipline V. Yagman: The Ninth Circuit Provides Substantial First Amendment Protection For Attorney Criticism Of The Judiciary, Jeffrey A. White

Golden Gate University Law Review

In Standing Committee on Discipline of the United States District Court for the Central District of California v. Yagman, the Ninth Circuit Court of Appeals held that an attorney who publicly criticized a federal judge did not commit sanctionable conduct. In determining whether the attorney, Stephen Yagman, had violated a local rule of professional conduct for lawyers, the court applied a "reasonable attorney" standard, rather than a subjective malice standard. The court held that Yagman's statements, in light of this higher standard, did not violate the rule's prohibition against impugning the integrity of the court. The Ninth Circuit also held …

Lawyers, Clients And Sex: Breaking The Silence On The Ethical And Liability Issues, Caroline Forell

Golden Gate University Law Review

This paper examines the existing case law concerning attorney-client sexual relationships and the current ethical rules which may be implicated. Because of the inadequacies in the present system, and the serious harm caused to both women clients and the Bar by these inadequacies, I propose changes in how lawyers regulate themselves and how others are compensated for lawyer's sexual misconduct.

Toward A New Ethical Standard Regulating The Private Practice Of Former Government Lawyers, Barbara G. Mance

Golden Gate University Law Review

This comment advocates the elimination of the "appearance of impropriety" as a legal and ethical standard governing the disqualification of former government lawyers and urges the ABA to adopt Rule LIP of the proposed Model Rules of Professional Conduct. Model Rule 1.11, Successive Government and Private Employment, provides a comprehensible, precise ethical rule regulating the post-government practice of lawyers in conformity with federal statute and regulation.

The Right To Effective Counsel In Criminal Trials: Judicial Standards And The California Bar Association Response, Marlys Fredrickson Huez, Leonard D. Weiler

Golden Gate University Law Review

No abstract provided.

Winters V. Cook, 489 F.2d 174 (1973) - Authority Of Defense Attorney To Make A Binding Waiver Of The Client's Rights, Bertrand Leblanc Ii, Virginia Mcconnell

Golden Gate University Law Review

No abstract provided.

Developments In California Private Legal Services Plans, Ronald E. Braley

Golden Gate University Law Review

Authors: Ronald E. Braley, et al.

Contingent Fees In California After Fracasse V. Brent, Brian F. Gill, George A. Mealy

Golden Gate University Law Review

No abstract provided.

The Relative Importance Of Skills Used By Attorneys, Robert A.D. Schwartz

Golden Gate University Law Review

No abstract provided.