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Legal Ethics and Professional Responsibility

1992

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Articles 1 - 30 of 95

Full-Text Articles in Law

Federal Standards Of Tax Practice: "Preparer" Penalties And Circular 230, Gwen T. Handelman Dec 1992

Federal Standards Of Tax Practice: "Preparer" Penalties And Circular 230, Gwen T. Handelman

William & Mary Annual Tax Conference

No abstract provided.


Legal Ethics, Roy M. Sobelson Dec 1992

Legal Ethics, Roy M. Sobelson

Mercer Law Review

One of the traditional hallmarks of the American legal profession has been its virtual freedom from regulation. If there is any theme evident in recent developments in the legal ethics field, it is that this freedom is under increasing attack from clients, courts, the bar, and the legislature. The year 1992 was no exception, with a number of challenges made to the authority of individual lawyers and the profession itself. The Supreme Court of Georgia rejected one lawyer's challenge to mandatory court appointments and another's freedom to contract with a client for unlimited authority to settle cases.

The supreme court …


Arguing For Economic Equality, John Baker Nov 1992

Arguing For Economic Equality, John Baker

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - Febuary 10, 1992.


Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 1992

Clark Memorandum: Fall 1992, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon Nov 1992

Overcompensating: The Corporate Lawyer And Executive Pay, Charles M. Yablon

Articles

No abstract provided.


The Moral Labyrinth Of Zealous Advocacy, James R. Elkins Jul 1992

The Moral Labyrinth Of Zealous Advocacy, James R. Elkins

Law Faculty Scholarship

No abstract provided.


Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii Jul 1992

Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii

Indiana Law Journal

No abstract provided.


National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan Jun 1992

National Health Insurance Proposals: An Ethical Perspective, Alan O. Kogan

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, January 31, 1992.


Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips Jun 1992

Client Fraud And The Securities Lawyer's Duty Of Confidentiality, Richard M. Phillips

Washington and Lee Law Review

No abstract provided.


The Law Between The Bar And The State, Susan P. Koniak Jun 1992

The Law Between The Bar And The State, Susan P. Koniak

Faculty Scholarship

The traditional understanding of the relation between law and professional legal ethics is that legal ethics covers matters not covered by law; that ethics sits passively above law, starting where law leaves off. In this Article, Professor Susan Koniak argues that this understanding is wrong. She asserts that professional ethics are in competition and conflict with law as it is embodied in the pronouncements of courts and legislatures. Although "law" is usually considered to be the near exclusive preserve of the state, the Article contends that private groups also have "law," but it is usually called "ethics." The legal profession's …


Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty May 1992

Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1992.


Tricks Prosecutors Play, Bennett L. Gershman Apr 1992

Tricks Prosecutors Play, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”


Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney Apr 1992

Attorneys' Malpractice Policies: Regulatory Exclusions And Public Policy, Susan Saab Fortney

Faculty Scholarship

The courts have yet to decide the issue of the enforceability of provisions in legal malpractice insurance policies that specifically exclude from coverage claims made by government regulators such as the FDIC. The question has reached the courts with respect to such exclusionary provisions in directors' and officers' liability insurance policies, and here the courts are split. The author discusses the current case law and the statutory developments.


Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders Mar 1992

Government Attorneys And The Ethical Rules: Good Souls In Limbo, Maureen A. Sanders

Brigham Young University Journal of Public Law

No abstract provided.


The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton Mar 1992

The Imperative To Restore Nature: Some Philosophical Questions, Lisa Newton

Center for the Study of Ethics in Society Papers

The purpose of WMU's Center for the Study of Ethics is to encourage and support research, teaching, and service to the university and community in areas of applied and professional ethics. These areas include, but are not restricted to: business, education, engineering, government, health and human services, law, media, medicine, science, and technology.


Lawyers And Loyalty, Michael K. Mcchrystal Feb 1992

Lawyers And Loyalty, Michael K. Mcchrystal

William & Mary Law Review

No abstract provided.


Money Laundering And Lawyers, Eugene R. Gaetke, Sarah N. Welling Jan 1992

Money Laundering And Lawyers, Eugene R. Gaetke, Sarah N. Welling

Law Faculty Scholarly Articles

The federal government has recently enacted money laundering laws to track and discourage the use of money generated by crime. Because some of that money is used to pay legal fees, the laws have a direct impact on lawyers. The laws increase the risk of prosecution for lawyers, inhibit some methods of fee payment, and make some cases less attractive financially. Generally, the laws make law practice more complicated and risky.

The laws have been criticized for their impact on criminal defense lawyers. Critics have raised three broad objections. The first objection is constitutional. Critics have also objected to the …


Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher Jan 1992

Liability Of Individuals Who Serve On Panels Reviewing Allegations Of Misconduct In Science, Stacey M. Berg, Montgomery K. Fisher

Villanova Law Review

No abstract provided.


Avalon Ethics, Thomas D. Eisele Jan 1992

Avalon Ethics, Thomas D. Eisele

Faculty Articles and Other Publications

Book review of Thomas Shaffer & Nancy Shaffer, American Lawyers and Their Communities (1991)


Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel Jan 1992

Suppressed V. Suppressed: A Court's Refusal To Remedy The Legal Profession's "Dirty Little Secret," Attorney-Client Sexual Exploitation, Robert H. Muriel

Loyola University Chicago Law Journal

No abstract provided.


Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood Jan 1992

Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood

Law Faculty Scholarly Articles

For many jurisdictions, the need for part-time prosecutors is a reality that will continue into the foreseeable future. The daunting task of balancing a private practice with prosecutorial duties is made all the more difficult by the lack of a coherent set of guidelines for minimizing the impact of conflicts of interest. What is needed is a set of guidelines flexible enough to permit attorneys to balance the part-time prosecutor's dual practice yet concrete enough to protect the system and its participants from conflicts of interest. Of prime importance in establishing any such system is the need for a clear …


Perspectives On Group Representation, Deborah L. Rhode Jan 1992

Perspectives On Group Representation, Deborah L. Rhode

Kentucky Law Journal

No abstract provided.


Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood Jan 1992

Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood

Kentucky Law Journal

No abstract provided.


The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram Jan 1992

The U.S. Law Of Client Confidentiality: Framework For An International Perspective, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke Jan 1992

Dances With Nonlawyers: A New Perspective On Law Firm Diversification, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicrs of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services.

Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …


Stances, Anthony V. Alfieri Jan 1992

Stances, Anthony V. Alfieri

Articles

No abstract provided.


La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch Jan 1992

La Enseñanza De La Ética A Los Abogados, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.


Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek Jan 1992

Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.


The Questions Of Authority, Frederick Schauer Jan 1992

The Questions Of Authority, Frederick Schauer

Philip A. Hart Memorial Lecture

In 1992, Professor, Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: "Two Cheers for Authority: Should Officials Obey the Law?."

Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The Law …


State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell Jan 1992

State Ethics Rules And Federal Prosecutors: The Controversies Over The Anti-Contact And Subpoena Rules, Roger C. Cramton, Lisa K. Udell

Cornell Law Faculty Publications

No abstract provided.