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Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii
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
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
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
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.
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Michigan Law Review
The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …