Law Commons^™

The Restatement Volume 6 No. 2, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

No abstract provided.

Ex Parte Communication By The Judiciary, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The recent establishment of an Individual Assignment System in New York has introduced what one commentator has referred to as new "rules of the game". Nonetheless, the old rules still apply with respect to ex parte communication by judges which is governed by Canon 3(A)( 4) of the Code of Judicial Conduct. Canon 3(A)(4), as adopted by the New York State Bar Association in 1973, prohibits a judge from initiating or considering ex parte communications concerning a pending or impending proceeding. This prohibition, which has been strictly construed by decisional law and bar association advisory opinions, has new significance under …

In Defense Of A Double Standard In The Rules Of Ethics: A Critical Reevaluation Of The Chinese Wall And Vicarious Disqualification, Frances Witty Hamermesh

University of Michigan Journal of Law Reform

This Note suggests that no change is warranted at the present time; courts should not adopt the Chinese wall defense to vicarious disqualification of private firms. The Chinese wall should, however, continue to operate as an internal device for protection of confidentiality. As such, it encourages firms to avoid disqualification by obtaining client consent to successive representation. Neither the historical record of the work of the Commission on the Evaluation of Professional Standards (the Kutak Commission), the empirical evidence currently available, nor the pragmatic arguments offered by many commentators justify an exception to, or modification of, the standard of imputed …

Loss Of Chance In Legal Malpractice, Polly A. Lord

Washington Law Review

The current procedure for proving causation in legal malpractice, known as the trial-within-a-trial method, has dissatisfied courts. One unexplored alternative is the loss of chance doctrine. Compensable chances lost in legal malpractice are capable of definition, and methods for valuing those chances are available. Procedural ramifications of proving legal loss of chance and policy justifications for the doctrine support the incorporation of loss of chance into some legal malpractice litigation.

Labor Law Preemption: The Ninth Circuit Grants Malpractice Immunity To Union Attorneys—Peterson V. Kennedy, 771 F.2d 1244 (9th Cir. 1985), Tim Adams

Washington Law Review

This Note traces the development of federal preemption in labor law, examining Peterson as an illustration of the tendency of courts to broadly interpret federal statutory labor policy. In particular, this Note questions whether preemption in a legal malpractice action is appropriate, since professional negligence is not expressly or impliedly addressed under federal statute, and is not an essential part of the national labor policy expressed in legislative history. This Note concludes that federal law should not have preempted the state cause of action in Peterson. Finally, this Note suggests that recognition of state legal malpractice actions would be an …

Made In The U.S.A.: Legal And Ethical Issues In Artificial Heart Experimentation, George J. Annas

Faculty Scholarship

The death of William Schroeder in Louisville, Kentucky, on August 6, 1986, brought to a close a remarkable chapter in public human experimentation. Artificial heart implants represent the most public experiments in the history of the world. The manner in which they are conducted is a matter of utmost public and professional concern, since it graphically portrays the seriousness with which we take our laws and ethical rules regarding the protection of the rights and welfare of human subjects. Unfortunately, the brief history of artificial heart implants is neither a happy nor a proud one. Begun with high hopes and …

Artists, Workers, And The Law Of Work: Keynote Address, Howard Lesnick

All Faculty Scholarship

No abstract provided.

A Comment For Tom Shaffer: The Ethics Of Race, The Ethics Of Corruption, James J. Friedberg

West Virginia Law Review

No abstract provided.

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

West Virginia Law Review

No abstract provided.

The Ethics Of Dissent And Friendship--A Response To Professor Shaffer, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Lawyer Advertising, Tim J. Filer

Washington Law Review

This Survey Comment will give a brief synthesis of the constitutional law underlying the area of attorney advertising, and take a more detailed look at the Zauderer decision. While an overview of the Washington Rules has been given elsewhere in this issue, the primary focus of this comment will be on how the rules meet, and fall short of, the constitutional standards clarified in Zauderer. In particular, the prohibition of direct mail contact with specific persons known to need legal services in a specific matter appears to be unconstitutional. Additionally, the Washington rule limiting the use of trade names may …

Confidentiality Under The Washington Rules Of Professional Conduct, Stuart Watt

Washington Law Review

This Comment examines the lawyer's duty of confidentiality under the RPC. This examination begins with a discussion of the general rule of confidentiality and its purposes. The duty of confidentiality, however, is not absolute, and the RPC provide several exceptions to the rule. Under Rule 1.6, for example, a lawyer may disclose those client confidences necessary to carry out the representation of the client, to collect his or her fees, to defend the lawyer in an action regarding the representation of the client, or upon court order. In addition, under the RPC, the lawyer may reveal client confidences to the …

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Michigan Law Review

A Review of The Good Lawyer: Lawyers' Roles and Lawyers' Ethics edited by David Luban and The Adversary System: A Description and Defense by Stephan Landsman

An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson

Washington Law Review

This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from the ABA …

How The Patent And Copyright Clauses Came To Be A Part Of Our National Charter, Roger J. Miner '56

Intellectual Property

No abstract provided.

The Professional Responsibility Of The Law Professor: Three Neglected Questions, Monroe H. Freedman

Vanderbilt Law Review

Law professors have a great deal to say about the ethics of law practitioners. We write law review articles about lawyers' professional responsibilities, and we have participated in drafting codes of conduct for practicing lawyers.

Many of us bring to that task a significant perspective. We can be both informed about and detached from the pressures of daily practice. We are free of involvement or (worse yet) identification with particular clients. Indeed, in choosing to become law professors, we have made the choice to dissociate ourselves from contact with clients.

Not surprisingly, therefore, most law professors tend to minimize the …

Foreword: Clothed With Integrity: The Consequences Of Attorney Disloyalty In The Fourth Circuit, K. K. Hall

Washington and Lee Law Review

No abstract provided.

Federal Courts At The Crossroads, Roger J. Miner '56

Bar Associations

No abstract provided.

The Duty To Criticize The Courts (Ii), Roger J. Miner '56

Judges

No abstract provided.

Nix V. Whiteside: The Lawyer's Role In Response To Perjury, James R. Mccall

Faculty Scholarship

No abstract provided.

Developing The Ladder To Professionalism, Tom Baum, Patricia Reid

Hospitality Review

Developing The Ladder To Professionalism by Tom Baum, Manager, Curricula Development Unit and Patricia Reid, Training Advisor, Curricula Development Unit at the Council for Education, Recruitment and Training, State Agency for Hotels, Catering and Tourism in Dublin, Ireland: “Developments are currently in hand to promote increased professionalism in management within the hotel and catering industry in Ireland. The authors discuss the particular responsibility of educational agencies. Recent initiatives to provide a comprehensive and flexible career ladder encompassing craft training, in-service and “second-chance” education, as well as more conventional college-based initial management are reviewed, as are attempts by various industry associations …

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …

The Integration Of Responsibility And Values: Legal Education In An Alternative Consciousness Of Lawyering And Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Comments: Forfeiture Of Attorneys' Fees Under The Comprehensive Forfeiture Act Of 1984: Not What Congress Ordered, Daniel A. Guy Jr.

University of Baltimore Law Review

In 1984 Congress amended the criminal forfeiture provisions of the RICO and CCE statutes. The Department of Justice has interpreted the amended laws to allow for the restraint and forfeiture of assets transferred by a defendant to defense counsel as compensation for legitimate legal services. This comment explores the legislative history of the amendments, as well as the constitutional and ethical concerns which arise under the Department's interpretation, to conclude that Congress did not intend bona fide attorneys' fees to be subject to the forfeiture provisions of the RICO and CCE statutes.

Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb

Campbell Law Review

The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed.

The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill

Seattle University Law Review

The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

Journal Articles

Professional ethics is commonly understood as a creature of the establishment—the study of what the better doctors and lawyers do and impose on their colleagues. But this traditional notion of ethics conveys a message that professionals need only care for their clients or patients to a certain point whether it is the end of the professional’s expertise, the end of the contract or the end of an assigned task. But this ethical understanding loses the sense of professionals serving a community. This Article dissents from that common understanding of ethics and tells dissenting-professional stories that show professional ethics through the …

Professional Responsibility, Thomas Sukowicz, Patricia Thompson

Loyola University Chicago Law Journal

No abstract provided.

The Professional Responsibility Of The Law Professor: Three Neglected Questions, Monroe H. Freedman

Hofstra Law Faculty Scholarship

Law professors have a great deal to say about the ethics of law practitioners. We write law review articles about lawyers' professional responsibilities, and we have participated in drafting codes of conduct for practicing lawyers.

Many of us bring to that task a significant perspective. We can be both informed about and detached from the pressures of daily practice. We are free of involvement or (worse yet) identification with particular clients. Indeed, in choosing to become law professors, we have made the choice to dissociate ourselves from contact with clients.

Not surprisingly, therefore, most law professors tend to minimize the …