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The Need For Fair Trials Does Not Justify A Disciplinary Rule That Broadly Restricts An Attorney's Speech, Thomas Gibson, Diana Parker
The Need For Fair Trials Does Not Justify A Disciplinary Rule That Broadly Restricts An Attorney's Speech, Thomas Gibson, Diana Parker
Fordham Urban Law Journal
In "Gentile v. State Bar of Nevada," the Supreme Court held a Nevada law prohibiting attorneys from making extra-judicial statements that could reasonably be expected to lead to prejudiced proceedings unconstitutionally vague. The safe harbor provision of New York's restriction on extra-judicial attorney speech seems to suffer from a similar deficiency, and must therefore be amended. To cure vagueness concerns, an amended rule should pay heed to the timing of prohibited public statements by attorneys, limiting speech restrictions to the month preceding the start of the trial. The amended rule should also include a clear and present danger standard to …
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.