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Articles 1 - 30 of 73
Full-Text Articles in Law
New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy
New Ethics Rules For The New Millennium, Dennis W. Dohnal, John Levy
William & Mary Annual Tax Conference
No abstract provided.
Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Scholarly Publications
Professor Atkinson hopes William Faulkner’s Intruder in the Dust will replace Harper Lee’s To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protégé try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Finch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself. The first urges us to …
If Deliberative Democracy Is The Solution, What Is The Problem?, Emily Hauptmann
If Deliberative Democracy Is The Solution, What Is The Problem?, Emily Hauptmann
Center for the Study of Ethics in Society Papers
Presented March 18, 1999 for the Center for the Study of Ethics in Society.
Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson
Lawyering In Law's Republic: William Simon's The Practice Of Justice: A Theory Of Lawyers' Ethics, Rob Atkinson
Scholarly Publications
No abstract provided.
Gun Control, Hugh Lafollette
Gun Control, Hugh Lafollette
Center for the Study of Ethics in Society Papers
Presented October 22, 1998 for the Center for the Study of Ethics in Society.
Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson
Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson
Scholarly Publications
No abstract provided.
Public Values And Professional Responsibility, W. Bradley Wendel
Public Values And Professional Responsibility, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson
Scholarly Works
Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …
Lawyer Collaboration With Systems Of Evil, Roger Williams University School Of Law
Lawyer Collaboration With Systems Of Evil, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Faculty Scholarship
This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, 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 imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …
Competent Legal Writing - A Lawyer's Professional Responsibility, Debra R. Cohen
Competent Legal Writing - A Lawyer's Professional Responsibility, Debra R. Cohen
Journal Articles
The legal profession is constantly evolving to keep pace with our increasingly complex society.' Today, the legal profession "is larger and more diverse than ever before." Despite this transformation, "the law has remained a single profession identified with a perceived common body of learning, skills and values." This common body of learning, skills, and values constitutes the fundamental elements of competent representation. Writing is one of the essential skills of competent representation.
"Law is a profession of words." Lawyers use words, both written and oral, in a wide array of contexts-to advise, to advocate, to elicit information, to establish legal …
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
The National Association Of Honest Lawyers: An Essay On Honesty, "Lawyer Honesty" And Public Trust In The Legal System, John A. Humbach
The National Association Of Honest Lawyers: An Essay On Honesty, "Lawyer Honesty" And Public Trust In The Legal System, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The growing public disquiet about lawyer ethics is not mainly because people think lawyers neglect their professional standards. Rather, the main problem is the belief among lawyers that the duty of loyalty to clients requires a lawyer to mislead. Specifically, the ethical duty of confidentiality and the ethical duty of zealous advocacy are interpreted together to mean that lawyers must conceal some facts (‘confidentiality‘) while forcefully asserting others. This mis-coupling of these two key ethical duties has an inevitable tendency to produce a kind of partial-truth advocacy in which the lawyer knowingly distracts attention from the truth and fosters misconceptions …
Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke
Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Competition between lawyers and accountants is not a new concept. At various times during the past century, these two professions have clashed over the scope and definition of their respective services. Lawyers traditionally have relied upon a professional monopoly to provide “legal” services as a device to exclude nonlawyers from the practice of law. Supported by statutes in many jurisdictions making the unauthorized practice of law a criminal offense and ethics rules prohibiting lawyers from assisting in the unauthorized practice of law, lawyers have always been able to identify some inner sanctum of professional services that only they could handle. …
Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated, Paul Rice
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Prosecuting Race, Anthony V. Alfieri
Prosecuting Race, Anthony V. Alfieri
Articles
Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.
This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism …
Corporate-Family Conflicts, Charles W. Wolfram
Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.
Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett
The Leak And The Craft: A Hard Line Proposal To Stop Unaccountable Disclosures Of Law Enforcement Information, John Q. Barrett
Faculty Publications
The critics of Kenneth W. Starr accused him, in the five-plus years that he served as the multi-tasked Independent Counsel, of many failings, mistakes, and improprieties. One of the most prevalent charges was one that has significance to lawyers and resonates with the general public's sense of bad behavior by prosecutors: the allegation that Starr and/or members of his staff "leaked" information. This general accusation was, of course, imprecise. It also might have been overbroad. Prosecutorial "leaks" include such plain illegalities as disclosing grand jury information to the media or other unauthorized persons, and also the much less regulated practice …
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Evaluating Effective Lawyer-Client Communication: An International Project Moving From Research To Reform, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
Of Cell Phones And Electronic Mail: Disclosure Of Confidential Information Under Disciplinary Rule 4-101 And Model Rule 1.6, Karin M. Mika
Of Cell Phones And Electronic Mail: Disclosure Of Confidential Information Under Disciplinary Rule 4-101 And Model Rule 1.6, Karin M. Mika
Law Faculty Articles and Essays
Regardless of the known security risks, it is difficult, if not impossible, to imagine a law firm in the twentieth century operating without the technological advancements that make it possible to communicate with anyone, anywhere, at any time. These advancements often enable immediate responses that are beneficial to attorneys and clients alike. Cellular phone usage and electronic mail are an integral mode of communication between firm members, negotiating attorneys, as well as between attorneys and their clients. While it has developed into a mode of communication making the practice of law more efficient, it is doubtful that most attorneys give …
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
The Zealous Advocacy Of Justice In A Less Than Ideal Legal World, Robin West
Georgetown Law Faculty Publications and Other Works
In The Practice of Justice, William Simon addresses a widely recognized dilemma -- the moral degradation of the legal profession that seems to be the unpleasant by-product of an adversarial system of resolving disputes -- with a bold claim: Lawyers involved in either the representation of private rights or the public interest should be zealous advocates of justice, rather than their clients' interests. If lawyers were to do what this reorientation of their basic identity would dictate -- that is, if lawyers were to zealously pursue justice according to law, rather than zealously pursue through all marginally lawful means whatever …
Representing Indigents In Serious Criminal Cases In England's Crown Court: The Advocates' Performance And Incentives, Peter W. Tague
Representing Indigents In Serious Criminal Cases In England's Crown Court: The Advocates' Performance And Incentives, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
While indigent defendants charged with serious criminal offenses can be represented by lawyers in the United States and by barristers and solicitors in England and Wales. Gauging the quality of that help is an important but elusive inquiry. This article has two purposes: to map how the indigent criminal defendant charged with very serious offenses is represented in England's Crown Court, and to examine whether economic incentives can induce the defendant's representatives to perform as expected.
While barristers profess to be skilled advocates, and while many lawyers have likewise extolled the barrister's advocacy, testing the point is extremely difficult. Apart …
Faculty Pro Bono And The Question Of Identity, David Luban
Faculty Pro Bono And The Question Of Identity, David Luban
Georgetown Law Faculty Publications and Other Works
My aim in this essay is to explain and defend a simple proposition, which I'll call the pro bono thesis: law teachers and law schools have the same pro bono responsibilities as lawyers and law firms. By "pro bono" I mean something more particular than community service or civic involvement. I mean free or reduced-rate legal work for those who cannot afford to pay for it. The pro bono thesis is that law teachers and law schools have pro bono responsibilities in this sense.
Ex Post Facto Payments In Legally-Aided Criminal Cases In The Old Bailey, Peter W. Tague
Ex Post Facto Payments In Legally-Aided Criminal Cases In The Old Bailey, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
A much more pervasive scheme for overseeing the reasonableness of fees charged by legal professionals exists in England than in the United States. In England, for example, with or without a specific agreement over the fee, the client can challenge the solicitor's charges, and the court or the Law Society will assess their reasonableness.' Similarly, as part of assigning costs to the losing party, the reasonableness of the winning solicitor's claim for fees is evaluated. The lay client can even dispute the reasonableness of the barrister's fee after the fact.
In the United States, by contrast, lawyers hammer out agreements …
Ethics And Professionalism In Non-Adversarial Lawyering, Carrie Menkel-Meadow
Ethics And Professionalism In Non-Adversarial Lawyering, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Traditional notions and rules of professionalism in the legal profession have been premised on particular conceptions of the lawyer's role, usually as an advocate, occasionally as a counselor, advisor, transaction planner, government official, decision maker and in the recent parlance of one of this symposium's participants-a "statesman [sic]. '" As we examine what professionalism means and what rules should be used to regulate its activity, it is important to ask some foundational questions: For what ends should our profession be used? What does law offer society? How should lawyers exercise their particular skills and competencies?
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Articles
No abstract provided.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Professionalism: Restoring The Flame, Donald L. Burnett Jr.
Articles
No abstract provided.
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin
Scholarly Works
No abstract provided.