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Full-Text Articles in Law
Ethics In The Legal Industry, Michael Ariens
Ethics In The Legal Industry, Michael Ariens
Faculty Articles
A brief item in the Hearsay section of the June 2017 ABA Journal was headlined "2%." This number indicated an increase in the percentage of lawyers, from 2012 to 2016, "who worked remotely within the legal industry." Making one's "office" a location other than the physical space leased or owned by oneself or by an employer is hardly news, even as applied to the work of lawyers. Lawyers know as well as anyone that technology allows one to work almost anywhere and, unfortunately, almost any time. What is striking in this brief news item is the use by the flagship …
The Rise And Fall Of Social Trustee Professionalism, Michael Ariens
The Rise And Fall Of Social Trustee Professionalism, Michael Ariens
Faculty Articles
Elite lawyers have long urged the private practice bar to account for the interests of more than their clients in their work. A lawyer who served merely as a "mouthpiece" or "hired gun" of clients failed to meet the standards of professionalism, of failing to act, in Roscoe Pound's words, "in the spirit of a public service." Pound's view, expressed in the mid-20th century, was premised on the ideal that the lawyer pursued a public calling that incidentally was remunerative. This ideal required the lawyer to serve as a social trustee, one encumbered by duties for the benefit of society. …
The Role Of Ethics Audits In Improving Management Systems And Practices: An Empirical Examination Of Management-Based Regulation Of Law Firms, Susan Saab Fortney
The Role Of Ethics Audits In Improving Management Systems And Practices: An Empirical Examination Of Management-Based Regulation Of Law Firms, Susan Saab Fortney
Faculty Scholarship
For decades, legal malpractice experts have urged lawyers to implement risk management measures. To assist law firms in doing so, legal malpractice insurers have provided audit services and self-audit materials. Under the Australian regulatory regime, incorporated legal practices are required to complete a self-assessment process and to report on the firm's compliance with ten objectives of sound law practice. Using management-based principles, this Article discusses steps to take to encourage ethics audits "to merge good ethics and good business" in the U.S.
Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Faculty Scholarship
To advance the discourse related to law firm ethics and the impact of formal controls and informal influences on lawyer conduct, we convened on April 5, 2013 the Conference on the Ethical Infrastructure and Culture of Law Firms ("Conference" or "Symposium"). The Conference, conducted under the auspices of the Hofstra Law Review and the Maurice A. Deane School of Law at Hofstra University's Institute for the Study of Legal Ethics, was funded in part by the Abraham J. Gross '78 Conference and Lecture Fund at the Maurice A. Deane School of Law at Hofstra University. Experts who have studied issues …
Foreword: The New Era- Quo Vadis?, John Sahl
Foreword: The New Era- Quo Vadis?, John Sahl
Akron Law Faculty Publications
The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the …
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, toward practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers everywhere. Recent events involving Enron Corporation and the Arthur Andersen accounting firm have raised new questions about the efficacy of these emerging trends and remind lawyers that these issues retain their currency.
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, towards practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers at the American Bar Association, the Canadian Bar Association: the American Corporate Counsel Association, the International Bar Association, as well as numerous other state and local, international, and specialty bar associations. This article describes that new business reality, those trends, and some of the ethical constraints presented by current …
The Practice Of Law, Karen H. Rothenberg
Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer
Princes Of Darkness And Angels Of Light: The Soul Of The American Lawyer, David R. Barnhizer
Law Faculty Articles and Essays
The increasing belief among many lawyers that life is comprised of "fear and greed and money" has altered the legal profession and helped make lawyers into one of the most feared and powerful groups in American society - and one of the most scorned. In the midst of the widespread contempt American society is showing lawyers, this article seeks to explain the special role the legal profession serves in our complex democracy. At the same time it condemns attitudes such as those reflected in Fritts' statement. The belief that life is driven by fear, greed, and money has created a …