Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Law
Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport
Our House, Our Rules: The Need For A Uniform Code Of Bankruptcy Ethics, Nancy B. Rapoport
Scholarly Works
This article argues that there should be a separate code of professional responsibility for lawyers in bankruptcy cases.
Kentucky Law Survey: Professional Responsibility, William H. Fortune
Kentucky Law Survey: Professional Responsibility, William H. Fortune
Law Faculty Scholarly Articles
This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Scholarly Works
In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Seattle University Law Review
The hypotheticals prepared for this special symposium issue ask if a lawyer can provide legal services to a family when one family member yields major decision-making authority to another family member. At stake is the disposition of significant individual and family assets. The traditional model of legal representation would require each family member to have an advocate protecting and promoting his or her individual interests while negotiating a reasonable accommodation of the other family members' interests. The challenge presented by the hypotheticals is whether an attorney can simultaneously represent apparent multiple interests without violating ethical provisions.
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Seattle University Law Review
This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …
The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin
The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin
Seattle University Law Review
The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.
Dependency And Delegation: The Ethics Of Marital Representation, Naomi Cahn, Robert Tuttle
Dependency And Delegation: The Ethics Of Marital Representation, Naomi Cahn, Robert Tuttle
Seattle University Law Review
The two hypotheticals for this symposium concern a lawyer who is asked to represent a married couple in which one spouse would like to cede decision-making authority to the other. As we have examined the lawyer's ethical responsibilities, we have identified two distinct, but conceptually related, issues of legal ethics. The first, a threshold question, deals with the nature of marital representation: May a lawyer simultaneously represent both husband and wife? And if so, how should the representation be structured? The second adds an additional layer of complexity: If a lawyer represents both husband and wife, may the lawyer accept …
The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport
The Need For New Bankruptcy Ethics Rules: How Can "One Size Fits All" Fit Anybody?, Nancy B. Rapoport
Scholarly Works
Short discussion why dormant, temporary, actual conflicts (DTACs) in bankruptcy cases can't be handled appropriately under state ethics rules.
Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Seattle University Law Review
This symposium on whether the family should be represented as an entity marks another milestone in the development of legal ethics as a field central to understanding the operation of law in our society, and not merely as a set of dry, largely irrelevant rules. It does so by acknowledging that ethical rules of lawyers who represent families have very real consequences for those families. Building on earlier efforts to address this topic, this symposium's authors confront what some commentators have described as the individualist impulse of the ethics codes and whether this impulse is beneficial or harmful to families.
Race Trials, Anthony V. Alfieri
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Address: The Future Of Legal Services, Alexander D. Forger
Fordham Urban Law Journal
This address focuses on what is the future of legal services? There will always be the ability to provide legal services for many of those in need. We are never going to reach all eligible clients or resolve all their problems. But it is essential to keep pressure on the federal government to play its essential role. How can it walk away from all of the mandates in our fundamental documents and leave it to charity to assume access to justice? There could be no more nobler cause with which to be associated, and no more dedicated and heroic figures …
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Constitutional Issues Panel, Matthew Diller
Fordham Urban Law Journal
There have been three lawsuits brought that deal with these constitutional issues, two challenges to the Regulations and one opposition to a motion to withdraw, which was the VarshavskyI case that Valerie Bogart talked about. The decision in the Varshavsky case is outside. There is also a preliminary injunction decision from the case brought in Hawaii,2 of which Steve Shapiro is one of the counsel, and that decision is outside. And then, still pending is a decision on a preliminary injunction motion in a case called Velasquez,3 which was brought in the Eastern District of New York. Here to address …
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Ethics Issues Panel, Russell G. Pearce
Fordham Urban Law Journal
This panel focuses on the ethical issues relating to the restrictions, and speakers include Helaine Barnett, Emily Sack, Steve Ellmann and Stephen Gillers.
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche
The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions - Foreword, Steven Epstein, Eric B. Fields, Jack E. Pace Iii, Staci Rosche
Fordham Urban Law Journal
This article seeks to address issues of lawyering under Legal Services Corporation (LSC) restrictions . We organized the conference as part of Fordham's Advanced Seminar in Ethics and Public Interest Law. We comprised a student working group in the class who worked to organize the conference with the Legal Aid Society and the Stein Center for Ethics and Public Interest Law. The conference, held on May 30, 1997, brought together practitioners, academics, and law students to discuss the delivery of legal services under the federal restrictions. In the remarks that follow, participants address the issues germane to lawyering under the …
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Scholarly Works
Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …