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Legal Ethics and Professional Responsibility

1987

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Articles 1 - 30 of 67

Full-Text Articles in Law

Current Issues In Professional Responsibility, James P. Holden Dec 1987

Current Issues In Professional Responsibility, James P. Holden

William & Mary Annual Tax Conference

No abstract provided.


Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette Oct 1987

Legal Ideology And Incorporation Iv: The Nature Of Civilian Influence On Modern Anglo-American Commercial Law, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Ethical Norms In Science, Rachelle D. Hollander Oct 1987

Ethical Norms In Science, Rachelle D. Hollander

Center for the Study of Ethics in Society Papers

Papers Presented to the Center for the Study of Ethics in Society, Western Michigan University.


Reflections On Client Perjury, Bennett L. Gershman Oct 1987

Reflections On Client Perjury, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Most experienced prosecutors, judges, and defense attorneys would probably agree that perjury in the criminal justice system occurs often. Although the frequency of perjury has never empirically been demonstrated, it is not surprising that with so much at stake, prosecution and defense witnesses would be tempted to fabricate testimony to meet the exigencies of the case. Detecting and dealing with perjurious testimony, however, is another matter. Implicated are complex legal and ethical problems for both prosecutors and defense attorneys. The judiciary's response to these problems, moreover, has largely been formalistic, without enunciating sufficiently clear standards to guide future behavior.


Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley Oct 1987

Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley

Washington Law Review

This Comment reviews the background leading to Washington's present reinstatement guidelines and analyzes the approach taken by the Washington Supreme Court in deciding reinstatement petitions. Three recent cases are discussed to illustrate the problems created by the current approach. This Comment suggests that the court adopt a new approach in deciding reinstatement cases. The proposed approach establishes uniform disbarment periods for specific offenses and clarifies the qualifications expected of individual reinstatement applicants. This approach utilizes the categories of offenses set forth in the proposal drafted by the American Bar Association (hereinafter ABA) Standards for Imposing Lawyer Sanctions. The proposed changes …


Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette Feb 1987

Legal Ideology And Incorporation Iii: Reason Regulated - The Post-Restoration English Civilians, 1653-1735, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette Feb 1987

Can Ethics Be Taught By Law Schools?, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry Feb 1987

A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry

William & Mary Law Review

No abstract provided.


Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel Jan 1987

Theory And Practice In Legal Education: An Essay On Clinical Legal Education, Mark Spiegel

Mark Spiegel

In this Article, the author argues that where clinical education fits within the law school curriculum does not have to be viewed as simply a question of whether more skills training is needed to balance the theory of the traditional curriculum. The author posits that stating the question this way obscures the choices already made, as most types of legal education have elements of both theory and practice. However, how the terms “theory” and “practice” are defined strongly influences how various aspects of legal education are perceived. Therefore, the way we view clinical education depends as much upon the viewpoint …


Professional Responsibility - When Do The Equities Tip The Scale To Require And Attorney To Remain In A Case Without A Client, Kristine Y. Schmidt Jan 1987

Professional Responsibility - When Do The Equities Tip The Scale To Require And Attorney To Remain In A Case Without A Client, Kristine Y. Schmidt

Villanova Law Review

No abstract provided.


Pinocchio For The Defense, Linda Harrison Gottlieb Jan 1987

Pinocchio For The Defense, Linda Harrison Gottlieb

Florida State University Law Review

No abstract provided.


Lawyers And Professionalism: A Commentary On The Report Of The American Bar Association Commission On Professionalism, Ronald D. Rotunda Jan 1987

Lawyers And Professionalism: A Commentary On The Report Of The American Bar Association Commission On Professionalism, Ronald D. Rotunda

Loyola University Chicago Law Journal

No abstract provided.


The Illinois Attorney Registration And Disciplinary Commission: Its Structure, Operation, And Limitations, Thomas R. Mulroy Jr., Michael Palmer Jan 1987

The Illinois Attorney Registration And Disciplinary Commission: Its Structure, Operation, And Limitations, Thomas R. Mulroy Jr., Michael Palmer

Loyola University Chicago Law Journal

No abstract provided.


The Concept Of A Restatement Of The Law Governing Lawyers, Charles W. Wolfram Jan 1987

The Concept Of A Restatement Of The Law Governing Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


The Epidemic Of Prosecutorial Courtroom Misconduct In Illinois: Is It Time To Start Prosecuting The Prosecutors?, Edward M. Genson, Marc W. Martin Jan 1987

The Epidemic Of Prosecutorial Courtroom Misconduct In Illinois: Is It Time To Start Prosecuting The Prosecutors?, Edward M. Genson, Marc W. Martin

Loyola University Chicago Law Journal

No abstract provided.


Reformas En La Corte Suprema, Horacio M. Lynch, Silvana Stanga Jan 1987

Reformas En La Corte Suprema, Horacio M. Lynch, Silvana Stanga

Horacio M. LYNCH

Investigación realizada con el auspicio de la Fundación Antorchas. Se trata de un trabajo único en su género que estudió el trabajo de un mes de la CSN argentina (más de 400 fallos) para determinar su funcionamiento, con pautas y sugerencias en el orden institucional, y funcional (v. comentario del diario La Nación).


The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg Jan 1987

The Former Client's Disqualification Gambit: A Bad Move In Pursuit Of An Ethical Anomaly, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

This Article contends that the successive conflict and imputed disqualification rules in combination are both bad law and bad ethics and that a different approach would be better for clients, for the adversary system, and for the profession. Part I of the Article analyzes the development of the successive conflict and the imputed disqualification doctrines. It demonstrates that two different, not always consistent, theories caused the successive conflict disqualification principles to develop erratically, resulting in a set of rules incompatible with either supporting rationale. Part II explains why the incorporation of that set of rules into the Model Rules of …


The City University Of New York Law School: An Insider's Report, Vanessa Merton Jan 1987

The City University Of New York Law School: An Insider's Report, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

The Law School of the City University of New York ("CUNY") is an experiment in whether it is possible for lawyers to integrate their lives. It is not, primarily, an institution with a somewhat novel, somewhat derivative, approach to legal education (although it is that). It is a place where lawyers try to bridge the gap between love and work, those so often dichotomized constituents of life. At CUNY we are trying simultaneously to equip students for survival in the current legal system and to burden them with a critical perspective on that system; to do and think, to practice …


Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby Jan 1987

Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby

University of Richmond Law Review

All lawyers licensed in Virginia must adhere to the Disciplinary Rules (DRs) and principles codified in the Virginia Code of Professional Responsibility. The ethical precepts contained therein constitute the bedrock upon which the notion of professionalism is based. It distinguishes Virginia lawyers as members of a learned profession. Unfortunately, all lawyers do not accept the ethical responsibilities which come with the privilege of licensure. For those instances in which a lawyer strays from his ethical tethering, the Supreme Court of Virginia has devised a procedure for investigating complaints of lawyer misconduct and, where appropriate, imposing discipline.


Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger Jan 1987

Casenotes: Attorney Conduct — A Defense Attorney Who Follows Aba Standards When His Client Manifests An Intent To Commit Perjury Is Not Jeopardizing The Client's Right To Effective Assistance Of Counsel. Nix V. Whiteside, 475 U.S. 157 (1986), John M. Seeberger

University of Baltimore Law Review

No abstract provided.


Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder Jan 1987

Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder

Campbell Law Review

This Comment will first explore the problems associated with grand jury subpoenas to defense attorneys, and then move on to examine the role of the grand jury in the criminal justice system. The Comment will then survey previous approaches to the problem and their deficiencies, following which it will focus on the new ethical rule and its ramifications for the grand jury process. Finally, it will will suggest alternatives to the current approaches.


Illusion And Reality In Regulating Lawyer Performance: Rethinking Rule 11, Lawrence M. Grosberg Jan 1987

Illusion And Reality In Regulating Lawyer Performance: Rethinking Rule 11, Lawrence M. Grosberg

Villanova Law Review

No abstract provided.


Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel Jan 1987

Casenotes: Attorney Malpractice — Under Third Party Beneficiary Theory, Nonclient Can Sue Attorney For Negligent Misrepresentation Without Proof Of Privity Of Contract. Flaherty V. Weinberg, 303 Md. 116, 492 A.2d 618 (1985), Courtney Blair Michel

University of Baltimore Law Review

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr. Jan 1987

The Proposed Rules Of Professional Conduct: Critical Concerns For Military Lawyers, Donald L. Burnett Jr.

Articles

No abstract provided.


It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni Jan 1987

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.


How Professionals (Including Legal Educators) "Treat" Their Clients, Edwin H. Greenebaum Jan 1987

How Professionals (Including Legal Educators) "Treat" Their Clients, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.


Common Issues Of Professional Responsibility, Thomas Ehrlich Jan 1987

Common Issues Of Professional Responsibility, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina Jan 1987

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.


Triangular Lawyer Relationships: An Exploratory Analysis, Geoffrey C. Hazard Jr. Jan 1987

Triangular Lawyer Relationships: An Exploratory Analysis, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.