Law Commons^™

The Purposes Of Legal Ethics And The Primacy Of Practice, Robert P. Burns

William & Mary Law Review

No abstract provided.

Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno

William & Mary Law Review

No abstract provided.

The Professionalism Problem, Deborah L. Rhode

William & Mary Law Review

No abstract provided.

Teaching Moral Perception And Moral Judgment In Legal Ethics Courses: A Dialogue About Goals, Lisa G. Lerman

William & Mary Law Review

No abstract provided.

Mpre Reconsidered, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.

Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56

Law Practice

No abstract provided.

Conflicts For Sports And Entertainment Attorneys: The Good News, The Bad News, And The Ugly Consequences, John A. Walton

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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.

Lawyers' Identities, Client Selection And The Antidiscrimination Principle: Thoughts On The Sanctioning Of Judith Nathanson, Bruce K. Miller

Faculty Scholarship

The Author discusses how the Massachusetts Commission Against Discrimination might justifiably apply the Public Accommodations Statute to the client selection practices of some, perhaps many, lawyers. But it should leave Judith Nathanson alone. Nathanson's decision to represent only women in divorce cases is protected by the First Amendment, not because she is entitled as a lawyer to indulge whatever biases she chooses in her selection of clients, but because, as a lawyer of integrity who has melded her personal values and professional skills in service to the profession's best ideals, she is entitled to represent her chosen clients as she …

An Instrumetnal Interpretation Of Model Rule 1.7(A) In The Corporate Family Situation: Unintended Consequences In Pandora's Box, Stephen E. Kalish

McGeorge Law Review

No abstract provided.

The Attorney-Client Privilege And The Work-Product Doctrine In Michigan, D. A. Celphane, Barbara Mcquade, Leonard Niehoff, Daniel P. Malone

Books

In Upjohn Co v. United States, the United States Supreme Court acknowledged that the attorney-client privilege - the "oldest of the privileges for confidential communications known to the common law" - has the crucial purpose of "encourag[ing] full and frank communication between attorneys and their clients and thereby promote[s] broader public interests in the observance of law and administration of justice." Similarly, in Hickman v Taylor, the Court stressed the importance of the work-product doctrine, noting that "[n]ot even the most liberal of discovery theories can justify unwarranted inquiries into the files and the mental impressions of an attorney." …

The Attorney-Client Privilege, Ethical Rules, And The Impaired Criminal Defendant, James A. Cohen

University of Miami Law Review

No abstract provided.

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Lawyer Discrimination Against Clients: Outright Rejection--No; Limitations On Issues And Arguments-Yes, Sam Stonefield

Faculty Scholarship

The issue of lawyer discrimination brings new perspectives to traditional topics like the practice of law, the role of the lawyer and the relationship with, and rights of, the client. It forces us to examine the nature of lawyer discretion, the limits of that discretion and the consequences of trying to regulate that discretion. The examinationis a daunting task. This essay offers an approach that attempts to protect both the prohibition against discrimination and the practice of law and to accommodate the tension that necessarily accompanies this effort. It suggests that the best solution is to prohibit lawyers from discriminating …

Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz

Cornell Law Faculty Publications

No abstract provided.

Teaching Ethics Seriously: Legal Ethics As The Most Important Subject In Law School, Russell G. Pearce

Loyola University Chicago Law Journal

No abstract provided.

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

Crisis En La Corte Suprema, Horacio M. Lynch

Horacio M. LYNCH

Presentación en la conferencia dictada en la ciudad de Córdoba, con motivo de la reunión de la Federación de Colegios de Abogados de la Provincia de Córdoba.

The Digests Of Pennsylvania, Joel Fishman

Joel Fishman

Pennsylvania has one of the largest collections of case law for which digests serve as an important research tool.

Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Deposition Dilemmas: Vexatious Scheduling And Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Notre Dame Lawyer - Fall/Winter 1998, Notre Dame Law School

Notre Dame Lawyer

Physician Assisted Suicide, Leon Friedman

Touro Law Review

No abstract provided.

Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Mental Culpability And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article argues that a prosecutor's intent is always relevant to the courts' analysis of misconduct, and that the courts should always consider a prosecutor's intent in determining whether a rule was violated and whether the verdict was prejudiced. Part II of this Article examines the use of the objective test to analyze a prosecutor's trial conduct. Part II offers several reasons courts give for avoiding inquiry into a prosecutor's mental culpability, analyzes those reasons, and concludes that although the application of an objective test is sufficient to correct misconduct in some instances, it does not foreclose application of a …

Judge Hits Quality Of Appellate Advocacy (New York Law Journal), Bill Alden

News Articles

No abstract provided.

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 …

Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey

Journal Articles

The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a …

Regulation Of Unethical Billing Practices: Progress And Prospects, Lisa G. Lerman

Scholarly Articles

During the last ten years billing fraud by lawyers has been recognized as a serious problem that undermines clients' trust of lawyers and the reputation of the profession as a whole. It used to be thought that lawyers who wanted to steal their clients' money would just take money out of the trust account. In recent years it has become clear that dishonest lawyers' methods of misappropriation are far more diverse than that.

The focus of this paper is on billing misconduct by lawyers who contract with their clients to bill by the hour. I will not talk about lawyers …