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Legal Ethics and Professional Responsibility

1983

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Articles 1 - 30 of 54

Full-Text Articles in Law

Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris Nov 1983

Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris

University of Miami Law Review

Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations


Legal Competence Yesterday And Tomorrow, Leon E. Trakman Oct 1983

Legal Competence Yesterday And Tomorrow, Leon E. Trakman

Dalhousie Law Journal

Attacks have been lodged against the legal profession for many years, indeed, since even before Shakespeare commented in Henry VI, "The first thing we do, let's kill all the lawyers." However, it is only more recently, with the growth of mass education and public awareness and with technological advances, that suspicions of the incompetence of lawyers has arisen again with a vengeance. Some would credit this new trend to the condemnation of alleged incompetence among trial lawyers by Chief Justice Burger of the American Supreme Court. But to limit the attack on lawyers to this Chief Justice is to ignore …


Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law Jun 1983

Confidentiality: The Future Crime--Contraband Dilemmas, Deborah Abramovsky Touro College School Of Law

West Virginia Law Review

No abstract provided.


Sharing In Justice, Roger J. Miner '56 May 1983

Sharing In Justice, Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.


Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr. Apr 1983

Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.

University of Michigan Journal of Law Reform

This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …


The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert Apr 1983

The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert

Buffalo Law Review

No abstract provided.


Recent Developments: Interspousal Tort Immunity, Karen L. Sussman Jan 1983

Recent Developments: Interspousal Tort Immunity, Karen L. Sussman

University of Baltimore Law Forum

No abstract provided.


Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr. Jan 1983

Point/Counterpoint: Lawyer Advertising - We Will Hand You No Line Before Its Time, John A. Lynch Jr.

University of Baltimore Law Forum

No abstract provided.


The Attorney Grievance Commission: Its Purpose And Objective, Melvin Hirshman Jan 1983

The Attorney Grievance Commission: Its Purpose And Objective, Melvin Hirshman

University of Baltimore Law Forum

No abstract provided.


Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman Jan 1983

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The Free Will-Determinism Debate And Social Work, Frederic G. Reamer Jan 1983

The Free Will-Determinism Debate And Social Work, Frederic G. Reamer

Faculty Publications

Social workers'judgments about the determinants of clients' problems have a substantial effect on practitioners' willingness to provide assistance. There is considerable variation in professionals' beliefs about the extent to which clients are themselves responsible for their difficulties, as opposed to factors that are beyond their control. This article examines the philosophical controversy known as the free will-determinism debate, and assesses its implications for the profession of social work.


Law School Honor Codes, Fritz Snyder, Shirley Goza Jan 1983

Law School Honor Codes, Fritz Snyder, Shirley Goza

Faculty Journal Articles & Other Writings

This article reviews the kind of ethics codes or honor codes law schools have post adoption of a new ethics code by the American Bar Association (the Model Rules of Professional Conduct) in 1983.


University Of Baltimore Law Forum Volume 14 Number 1 (Fall 1983) Front Matter Jan 1983

University Of Baltimore Law Forum Volume 14 Number 1 (Fall 1983) Front Matter

University of Baltimore Law Forum

No abstract provided.


The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas L. Shaffer Jan 1983

The Professional Responsibility Of Teachers Of Professional Responsibility, Thomas L. Shaffer

University of Baltimore Law Forum

No abstract provided.


Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong Jan 1983

Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong

University of Baltimore Law Forum

No abstract provided.


Professional Responsibilities Of The Federal Prosecutor, John S. Edwards Jan 1983

Professional Responsibilities Of The Federal Prosecutor, John S. Edwards

University of Richmond Law Review

The United States Attorney is in a unique and powerful position to affect the lives of many persons in the administration of justice in his district. He is vested with broad discretionary authority as the district's chief federal law enforcement officer and prosecutor; this includes the authority to initiate investigations and to bring charges. In exercising his responsibilities, he must be vigorous and vigilant in attacking crime, but must temper his zeal with a recognition that his broader responsibilities are to seek justice and not merely to prosecute with the single-minded goal of winning cases and achieving convictions. He must …


Professional Competence And Social Responsibility: Fulfilling The Vanderbilt Vision, Sandra D. O'Connor Jan 1983

Professional Competence And Social Responsibility: Fulfilling The Vanderbilt Vision, Sandra D. O'Connor

Vanderbilt Law Review

In our laudable attempt to train law students to "think like lawyers" by teaching them legal method, we must not lose sight of the fact that questions of professional responsibility cannot properly be resolved with the same legal framework of analysis. Rather,we must see that as professionals with almost exclusive access to our system of justice, we have moral responsibilities totally outside the scope of the legal rules, and not amenable to analysis in terms of legal method. It is time to return to consideration of the moral and spiritual foundations of our legal system. It is time to train …


Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock Jan 1983

Community Property - Division Of Property Upon Divorce - Property Acquired During Marriage In A Common Law State Except By Gift, Devise, Or Descent Should Be Treated As Community Property., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney Jan 1983

Constitutional Law - Presidential Immunity - The President Is Absolutely Immmune From Civil Damages Liability For Acts Done Within The Outer Perimeter Of His Official Capacity Symposium - Selected Topics On Constitutional Law - Case Note., Laura H. Burney

St. Mary's Law Journal

Abstract Forthcoming.


A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo Jan 1983

A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo

St. Mary's Law Journal

Abstract Forthcoming.


Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr Jan 1983

Sporhase, The Commerce Clause, And State Power To Conserve Natural Resources - Is The Local Well Running Dry Symposium - Selected Topics On Constitutional Law - Comment., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.


An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel Jan 1983

An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel

St. Mary's Law Journal

Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …


Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert Jan 1983

Constitutional Rights Of The Involuntarily Committed Mentally Retarded After Youngberg V. Romeo Symposium - Selected Topics On Constitutional Law - Comment., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.


Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow Jan 1983

Representative Democracy Symposium - Selected Topics On Constitutional Law., Glen E. Thurow

St. Mary's Law Journal

Abstract Forthcoming.


A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth Jan 1983

A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth

St. Mary's Law Journal

Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …


Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood Jan 1983

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Kentucky Law Journal

No abstract provided.


Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis Jan 1983

Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis

St. Mary's Law Journal

Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …


Franchising In Texas., Mark H. Miller Jan 1983

Franchising In Texas., Mark H. Miller

St. Mary's Law Journal

Abstract Forthcoming.


The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan Jan 1983

The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.


Historic District Zoning: A Texas Overview., Margaret Corning Boldrick Jan 1983

Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.