Law Commons^™

Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller

Journal of Race, Gender, and Ethnicity

No abstract provided.

“The More Things Change, The More They Remain The Same:” Lawyer Ethics In The 21st Century, Gregory C. Sisk

St. Mary's Journal on Legal Malpractice & Ethics

At an accelerating pace since the recession, our legal profession has been undergoing structural changes in the delivery of many legal services. At the same time, longstanding principles of ethics continue to govern the day-to-day lives of practicing lawyers.

This article lays out four examples of how meaningful change in lawyer practice has been accomplished since the turn-of-the-century with continued adherence to bedrock professional concepts. First, the rules now embrace the multi-jurisdictional practice of law, while the disciplinary authority of each jurisdiction is emphatically confirmed and strengthened. Second, rules on lawyer advertising are streamlined to grant largely open-ended permission for …

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …

The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera

St. Mary's Journal on Legal Malpractice & Ethics

This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own use of social …

Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling

St. Mary's Journal on Legal Malpractice & Ethics

While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …

The Lawyer As Lover: Are Courts Romanticizing The Lawyer-Client Relationship?, Bruce A. Green

Touro Law Review

No abstract provided.

Use Of Expunged Records In Attorney-Disciplinary Proceedings, Roland D. Ramos

St. Mary's Journal on Legal Malpractice & Ethics

The Texas Supreme Court’s decision in In re State Bar of Texas should be modified. In In re State Bar of Texas, the Court allowed the use of a criminal defendant’s expunged records in a subsequent disciplinary proceeding against his attorney. Allowing the use of expunged records for any purpose violates Texas law. For example, under the Texas Code of Criminal Procedure, it is an offense to knowingly release or use expunged records for any reason, unless a court’s final expunction order permits the expunged records to be retained for future use or if a defendant waives his or …

Fraud And Misrepresentation Claims Against Lawyers, Douglas R. Richmond

Nevada Law Journal

No abstract provided.

Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton

Pepperdine Law Review

No abstract provided.

Fred Z., David Mcgowan

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

Fred Zacharias's Skeptical Moralism, David Luban

San Diego Law Review

Dedication to the works of Prof. Fred Zacharias.

California's Duty Of Confidentiality: Is It Time For A Life-Threatening Criminal Act Exception?, Kevin E. Mohr

San Diego Law Review

In August 2001, the House of Delegates of the American Bar Association (ABA) voted in favor of a revision to the duty of confidentiality contained in the ABA's Model Rules of Professional Conduct, a set of ethics rules that has been adopted in some form by over forty states. Specifically, the House voted to broaden the exception in Model Rule 1.6 that permits a lawyer to reveal confidential information of the client to the extent the lawyer reasonably believes

necessary to prevent likely death or substantial bodily harrn.

It is

uncertain whether that vote will have any effect on the …

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Kentucky Law Journal

No abstract provided.

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.

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- …

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

The A.B.A. Model Rules Of Professional Conduct, M. Peter Moser

University of Baltimore Law Forum

No abstract provided.

Canons 28 And 29 -- An Appraisal, Henry S. Drinker

Vanderbilt Law Review

How far should Canons 28 and 29 of the ABA's Canons of Ethics deter a lawyer from taking or participating in proceedings against a fellow lawyer in a matter involving the propriety of his professional conduct, by reason of the fact that such proceedings may injure such lawyer's professional reputation. The Canons do not clearly or fully cover this problem...

The solution of these problems related to participating in litigation against a fellow lawyer depends in each case to a great extent on the accompanying circumstances. Professional courtesy should not be distorted or overemphasized merely to avoid a disagreeable or …