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Legal Ethics and Professional Responsibility

1990

Journal

Institution
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Publication

Articles 1 - 30 of 66

Full-Text Articles in Law

Legal Ethics, L. Ray Patterson Dec 1990

Legal Ethics, L. Ray Patterson

Mercer Law Review

With one exception, the legal ethics cases this year involved well established rules of law. The case constituting the exception dealt with the breach of a rule of ethics as the basis for a malpractice claim. This Article will discuss that issue first and then will proceed to discuss other relevant cases.


Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato Dec 1990

Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato

Michigan Law Review

Judge Harry T. Edwards has written a lucid and seemingly logical plea for the judiciary to be granted exclusive self-regulation over all matters of judicial misconduct that fall short of crimes or impeachable offenses. His essay demonstrates the seriousness with which he regards misconduct that would bring shame to the federal judiciary. He believes that the judiciary as a whole is the best institution to ascertain and take measures against individual aberrant judges who are guilty of various forms of misconduct, and I have no doubt of the sincerity of his belief. Yet when we look at claims for self-regulation …


Book Review, Mitchell M. Simon Sep 1990

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment (1990-2002)

Review of the book Codes of Professional Responsibility (Rena A. Gorlin, ed., BNA Books, 1990). This 555 page book includes 43 codes of conduct promulgated by the major professional associations in business, health, and law. Each code is preceded by a brief description of the relevant association, including its address and phone number, and information relating to implementation and enforcement. The book concludes with three helpful resource lists including: first, research centers, educational programs and governmental bodies dealing with ethical issues; second, journals and periodical services; and, third, bibliographies, databases and libraries with special ethics collections. The resource sections and …


Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr. Sep 1990

Legal Representation And The Next Steps Toward Client Control: Attorney Malpractice For The Failure To Allow The Client To Control Negotiation And Pursue Alternatives To Litigation, Robert F. Cochran, Jr.

Washington and Lee Law Review

No abstract provided.


Lawyer's Justice, William A. Edmundson May 1990

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman


Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley Apr 1990

Clearly Erroneous: The Fourth Circuit's Decision To Uphold Removal Of A State-Bar Disciplinary Proceeding Under The Federal-Officer Removal Statute, Franklin D. Cleckley

West Virginia Law Review

No abstract provided.


Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines Apr 1990

Restraining The Overly Zealous Advocate: Time For Judicial Intervention, Paul Lowell Haines

Indiana Law Journal

No abstract provided.


Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers Apr 1990

Attorney And Client—Conflict Of Interest—Prohibition Against Appearance Of Impropriety Retained Under Model Rules Of Professional Conduct. First American Carriers, Inc. V. Kroger Co., 302 Ark. 86, 787 S.W.2d 669 (1990)., David Ivers

University of Arkansas at Little Rock Law Review

No abstract provided.


Are Law And Morality Distinct?, William A. Edmundson Mar 1990

Are Law And Morality Distinct?, William A. Edmundson

Brigham Young University Journal of Public Law

No abstract provided.


Retrospective Justification, Jeffrey Malkan Jan 1990

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.


Professional Responsibility, Michael J. Howlett, Patricia S. Spratt Jan 1990

Professional Responsibility, Michael J. Howlett, Patricia S. Spratt

Loyola University Chicago Law Journal

No abstract provided.


A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli Jan 1990

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.


A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli Jan 1990

A Response To Irwin Kramer's Reply, 23 J. Marshall L. Rev. 585 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.


Collegiality, Justice, And The Public Image: Why One Lawyer's Pleasure Is Another's Poison, Andrew R. Herron Jan 1990

Collegiality, Justice, And The Public Image: Why One Lawyer's Pleasure Is Another's Poison, Andrew R. Herron

University of Miami Law Review

No abstract provided.


Annual Survey Of Virginia Law: Professional Responsibility, Timothy M. Kaine Jan 1990

Annual Survey Of Virginia Law: Professional Responsibility, Timothy M. Kaine

University of Richmond Law Review

This year, like many years, has been marked by increasing public concern over legal ethics. Public attention has been drawn to lawyers' participation in scandals such as the misuse of funds by the Department of Housing and Urban Development, the collapse of the savings and loan industry, and numerous ethical breaches by members of Congress.


University Of Richmond Law Review Jan 1990

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Clergy Malpractice After Nally: Touch Not My Anointed, And To My Prophets Do Not Harm, Martin R. Bartel Jan 1990

Clergy Malpractice After Nally: Touch Not My Anointed, And To My Prophets Do Not Harm, Martin R. Bartel

Villanova Law Review

No abstract provided.


Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati Jan 1990

Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

No abstract provided.


You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood Jan 1990

You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood

St. Mary's Law Journal

No abstract provided.


Estate Planning For The Non-Taxable Estate., Mcken V. Carrington Jan 1990

Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

No abstract provided.


Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett Jan 1990

Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett

St. Mary's Law Journal

No abstract provided.


Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards Jan 1990

Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards

St. Mary's Law Journal

No abstract provided.


Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid Jan 1990

Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …


1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan Jan 1990

1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan

St. Mary's Law Journal

Abstract Forthcoming.


Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle Jan 1990

Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle

St. Mary's Law Journal

As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …


Dedication., Orville C. Walker Jan 1990

Dedication., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., James P. White Jan 1990

Dedication., James P. White

St. Mary's Law Journal

Abstract Forthcoming.


Dedication., Editorial Board St. Mary's School Of Law Jan 1990

Dedication., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.


The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell Jan 1990

The Original Intent Of The Education Article Of The Texas Constitution., Mikal Watts, Brad Rockwell

St. Mary's Law Journal

Abstract Forthcoming.


Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm Jan 1990

Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm

St. Mary's Law Journal

Abstract Forthcoming.