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- Laurel S. Terry (12)
- Randy Lee (9)
- Leslie C. Levin (8)
- Carole Silver (5)
- Samuel J. Levine (4)
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- David Barnhizer (3)
- Thomas L. Shaffer (3)
- John Sahl (2)
- Louise L Hill (2)
- Patricia E. Salkin (2)
- Amy R. Mashburn (1)
- Aziz Rana (1)
- Catherine Rogers (1)
- Deborah M. Hussey Freeland (1)
- Gillian K Hadfield (1)
- James E. Moliterno (1)
- Jana B. Singer (1)
- Jane Campbell Moriarty (1)
- Lee T Nutini (1)
- Mark Spiegel (1)
- Matthew L.M. Fletcher (1)
- Milan Markovic (1)
- Ray W Campbell (1)
- Robert B Leflar (1)
- Robert Rodes (1)
- Steve Sheppard (1)
- Susan S. Fortney (1)
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Articles 1 - 30 of 68
Full-Text Articles in Law
Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan S. Fortney
Mandatory Legal Malpractice Insurance: Exposing Lawyers' Blind Spots, Susan S. Fortney
Susan S. Fortney
The legal landscape for lawyers’ professional liability in the United States is changing. In 2018, Idaho implemented a new rule requiring that lawyers carry legal malpractice insurance. The adoption of the Idaho rule was the first move in forty years by a state to require legal malpractice insurance since Oregon mandated lawyer participation in a malpractice insurance regime. Over the last two years, a few states have considered whether their jurisdictions should join Oregon and Idaho in requiring malpractice insurance for lawyers in private practice. To help inform the discussion, the article examines different positions taken in the debate on …
Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno
Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno
James E. Moliterno
The legal profession tends to look inward and backward when faced with crisis and uncertainty. The legal profession could make greater advances by looking outward and forward to find in society and culture the causes of and connections with the legal profession’s crises. Doing so would allow the profession to grow with society, solve problems with rather than against the flow of society, and be more attuned to the society the profession claims to serve.
Rise Of The Robot Lawyers?, Milan Markovic
Rise Of The Robot Lawyers?, Milan Markovic
Milan Markovic
The advent of artificial intelligence has provoked considerable speculation about the future of the American workforce, including highly educated professionals such as lawyers and doctors. Although most commentators are alarmed by the prospect of intelligent machines displacing millions of workers, this is not so with respect to the legal sector. Media accounts and some legal scholars envision a future where intelligent machines perform the bulk of legal work, and legal services are less expensive and more accessible. This future is purportedly at hand as lawyers struggle to compete with technologically savvy alternative legal service providers.
This Article challenges the notion …
International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry
International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry
Laurel S. Terry
Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry
Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry
Laurel S. Terry
The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
Laurel S. Terry
Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles
Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles
Laurel S. Terry
The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer
The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer
Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer
Thomas L. Shaffer
This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house rather than …
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
When Bad Guys Are Wearing White Hats, Catherine A. Rogers
Catherine Rogers
Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Laurel S. Terry
As a Lichtenstein Distinguished Lecturer, Professor Terry was asked to write an article for the Hofstra Law Review. Her article, cited below, may be downloaded from the link at the top of the page. Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95 (2014) The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal …
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
David Barnhizer
In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …
The End Of Law Schools, Ray W. Campbell
The End Of Law Schools, Ray W. Campbell
Ray W Campbell
What would legal education look like if it were designed from the ground up for a world in which legal services have undergone profound and irreversible change? Law schools as we know them are doomed. They continue to offer an educational model originally designed to prepare lawyers to practice in common law courts of a bygone era. That model fails to prepare lawyers for today’s highly specialized practices, and it fails to provide targeted training for the emerging legal services fields other than traditional lawyering.
This article proposes a new ideology of legal education to meet the needs of modern …
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
David Barnhizer
In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …
Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Aziz Rana
No abstract provided.
Making Civility Democratic, Amy R. Mashburn
Making Civility Democratic, Amy R. Mashburn
Amy R. Mashburn
Historically, the concept of civility has been bound up with undemocratic notions of hierarchy and deference. Using insights from studies of civility by social psychologists, linguists, sociologists, historians, and political theorists, this article advances the theory that the legal profession’s self-consciously isolating professionalism ideology allows judges and disciplinary tribunals to apply deference-based notions of civility in their decisions to sanction lawyers. This theory would predict that the lawyers most likely to be sanctioned for incivility and rudeness are those from whom society expects the most deference. To test this theory, the author conducted an empirical study of every available case …
Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry
Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry
Laurel S. Terry
Bullshit And The Tribal Client, Matthew L.M. Fletcher
Bullshit And The Tribal Client, Matthew L.M. Fletcher
Matthew L.M. Fletcher
No abstract provided.
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin
The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin
Leslie C. Levin
The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s approval of …
Taking Back The Legal Profession, Lee T. Nutini
Taking Back The Legal Profession, Lee T. Nutini
Lee T Nutini
A reaction piece addressing the current economic and market crisis related to failing law school education and the lawyer bubble.
The Folly Of Expecting Evil: Reconsidering The Bar's Character And Fitness Requirement, Leslie Levin
The Folly Of Expecting Evil: Reconsidering The Bar's Character And Fitness Requirement, Leslie Levin
Leslie C. Levin
The bar’s character and fitness inquiry seeks to protect the public. As part of this inquiry, bar applicants are required to produce detailed information about their past histories. The rationale for this inquiry is that this information can be used to identify who will subsequently become a problematic lawyer. Bar applicants bear the burden of providing their “good” character even though there is little evidence that past conduct predicts who will become a problematic lawyer. This article looks at psychological and other research that attempt to identify factors that might predict future misconduct in the work place. It also reports …
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
David Barnhizer
The issue of how best to do a legal education is being approached as if it were an intellectual and pedagogical question. Of course in a conceptual sense it is. But from a political and human perspective (law faculty, deans and lawyers) it is a self-interested situation in terms of how does this affect me? The reality is that for law faculty and deans it is mainly a life style, status, economic benefit and political situation in which the various interests protected by the traditional faculty slot placeholders [as well as the non-traditional practice-oriented teachers) are being masked by self-serving …
Cracks In The Profession's Monopoly Armor, John Sahl
Cracks In The Profession's Monopoly Armor, John Sahl
John Sahl
This article examines the legal profession’s long-held monopoly in the nation’s legal services market in the context of two recent developments. The first development concerns the Conference of Chief Justices’ (CCJ) recent adoption of Resolution 15, “Encouraging Adoption of Rules Regarding Admission of Attorneys Who Are Dependents of Service Members.” Resolution 15 urges state bar authorities to develop and implement rules permitting admission without examination of lawyers who are military dependents. The CCJ’s rule promotes competition by facilitating the movement of lawyers from one geographic market to another.
The second development is Washington Supreme Court’s new Admission to Practice Rule …
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Laurel S. Terry
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Thomas L. Shaffer
No abstract provided.
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Robert Rodes
The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the lawyer …
Getting Real About Globalization And Legal Education: Potential And Perspectives For The U.S., Carole Silver
Getting Real About Globalization And Legal Education: Potential And Perspectives For The U.S., Carole Silver
Carole Silver
This article addresses whether US law schools are preparing their JD students to work in the global environment that many - if not most – law graduates will encounter. It begins by considering the significance of globalization for legal education, drawing on research analyzing its influence on legal practice as well as on higher education. It then explores possible settings and opportunities for learning to work in a global environment. For the vast majority of students whose learning must occur in the US, the presence of international students in their law school offers the potential for creating a global learning …
Cloud Nine Or Cloud Nein? Cloud Computing And Its Impact On Lawyers' Ethical Obligations And Privileged Communications, Louise Hill
Louise L Hill
No abstract provided.
Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver
Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver
Carole Silver
The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …
A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman
A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman
Leslie C. Levin
The research reported here uses information from the admissions files of lawyers admitted to the Connecticut bar from 1989 to 1992 to compare those who were disciplined with those who were not disciplined. It analyzes information reported during the bar admissions process that may predict later lawyer misconduct including, inter alia, prior criminal history, problem credit history, prior employment history, academic misconduct, substance abuse, and psychological history. The study reveals that many of the responses on the admissions application are statistically associated with an elevated risk of future discipline. Nevertheless, these variables nevertheless make very poor predictors of subsequent misconduct. …