Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
In-House Counsel Beware!, Katrice Bridges Copeland
In-House Counsel Beware!, Katrice Bridges Copeland
Fordham Urban Law Journal
No abstract provided.
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Fordham Urban Law Journal
This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …
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 …
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
Fordham Urban Law Journal
The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- …
Foreword: Legal Ethics And Government Integrity, Cyrus Vance
Foreword: Legal Ethics And Government Integrity, Cyrus Vance
Fordham Urban Law Journal
This foreword addresses "the need to uphold and maintain a high level of integrity in both the legal profession and in government." The author discusses the roles of self-regulation and ethical standards for ensuring integrity in the legal and governmental fields. "Public trust and confidence in lawyers and government officials alike require that members of each group strive to maintain the highest ethical standards. This issue of the Urban Law Journal contributes to our thinking about the need for and problems of preserving both government and professional integrity."
Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick
Reflections On Chairing The New York State Commission On Government Integrity, John D. Feerick
Fordham Urban Law Journal
"The New York State Commission on Government Integrity (Commission) was born from a sense of crisis. A series of corruption scandals in New York State, involving officials at all levels of government, produced widespread cynicism and distrust of government and created a perception that unethical, if not illegal, practices were rampant throughout the State. The scandals implicated borough presidents of New York City, political party chairmen, municipal officials, members of the State Legislature, judges and a host of other officials." Following the New York State Commission on Government Integrity's final report to Governor Mario Cuomo in September 1990, Chairman John …
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 …