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Legal Ethics and Professional Responsibility

1999

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Articles 31 - 60 of 172

Full-Text Articles in Law

Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman Jan 1999

Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman

The Journal of Appellate Practice and Process

This article is the first of two articles that discuss the concern of prosecutorial misconduct. This article focuses improper prosecutorial argument in the 1990s. The article examines a California Supreme Court reversal of a murder conviction and death sentence due to misconduct during the prosecutor’s closing argument. The article then discusses forty-five federal appellate court opinions addressing the issue of prosecutorial misconduct.


Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton Jan 1999

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger Jan 1999

State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger

Richmond Journal of Law and the Public Interest

The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …


The National Association Of Honest Lawyers: An Essay On Honesty, "Lawyer Honesty" And Public Trust In The Legal System, John A. Humbach Jan 1999

The National Association Of Honest Lawyers: An Essay On Honesty, "Lawyer Honesty" And Public Trust In The Legal System, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The growing public disquiet about lawyer ethics is not mainly because people think lawyers neglect their professional standards. Rather, the main problem is the belief among lawyers that the duty of loyalty to clients requires a lawyer to mislead. Specifically, the ethical duty of confidentiality and the ethical duty of zealous advocacy are interpreted together to mean that lawyers must conceal some facts (‘confidentiality‘) while forcefully asserting others. This mis-coupling of these two key ethical duties has an inevitable tendency to produce a kind of partial-truth advocacy in which the lawyer knowingly distracts attention from the truth and fosters misconceptions …


Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke Jan 1999

Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Competition between lawyers and accountants is not a new concept. At various times during the past century, these two professions have clashed over the scope and definition of their respective services. Lawyers traditionally have relied upon a professional monopoly to provide “legal” services as a device to exclude nonlawyers from the practice of law. Supported by statutes in many jurisdictions making the unauthorized practice of law a criminal offense and ethics rules prohibiting lawyers from assisting in the unauthorized practice of law, lawyers have always been able to identify some inner sanctum of professional services that only they could handle. …


Front Matter Jan 1999

Front Matter

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Comments On Professionalism, John M. Walker Jr. Jan 1999

Comments On Professionalism, John M. Walker Jr.

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Pragmatic Professionalism: An Exercise In Applied Ethics, Amy R. Mashburn Jan 1999

Pragmatic Professionalism: An Exercise In Applied Ethics, Amy R. Mashburn

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Professionalism, Anthony T. Kronman Jan 1999

Professionalism, Anthony T. Kronman

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Informal Remarks On Professionalism, Burnele V. Powell Jan 1999

Informal Remarks On Professionalism, Burnele V. Powell

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Some Thoughts On The Differences In Criminal Trials In The Civil And Common Law Legal Systems, Mary C. Daly Jan 1999

Some Thoughts On The Differences In Criminal Trials In The Civil And Common Law Legal Systems, Mary C. Daly

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Corporate Law Firms And Corporate Ethics, Ralph Nader Jan 1999

Corporate Law Firms And Corporate Ethics, Ralph Nader

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Case Against Secret Settlements (Or, What You Don't Know Can Hurt You), Richard A. Zitrin Jan 1999

The Case Against Secret Settlements (Or, What You Don't Know Can Hurt You), Richard A. Zitrin

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Adversary Process Is Not An End In Itself, Lloyd L. Weinreb Jan 1999

The Adversary Process Is Not An End In Itself, Lloyd L. Weinreb

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Questions And Answers On Lloyd Weinreb's And Mary Daly's Articles Jan 1999

Questions And Answers On Lloyd Weinreb's And Mary Daly's Articles

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Partners Without Power - A Preliminary Look At Black Partners In Corporate Law Firms, David B. Wilkins Jan 1999

Partners Without Power - A Preliminary Look At Black Partners In Corporate Law Firms, David B. Wilkins

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Access To The Legal Profession For Minorities: Introductory Remarks, Dennis Chin Jan 1999

Access To The Legal Profession For Minorities: Introductory Remarks, Dennis Chin

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford Jan 1999

Reflections On Confidentiality - A Practitioner's Response To Spaulding V. Zimmerman, Carol M. Langford

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Good Person Question: Valid Query Or Hobson's Choice, Raymond M. Brown Jan 1999

The Good Person Question: Valid Query Or Hobson's Choice, Raymond M. Brown

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Plaintiffs' Class Action Attorneys Earn What They Get, Patricia M. Hynes Jan 1999

Plaintiffs' Class Action Attorneys Earn What They Get, Patricia M. Hynes

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Can A Good Lawyer Be A Bad Person, Stephen Gillers Jan 1999

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton Jan 1999

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Access To What, Stephen L. Pepper Jan 1999

Access To What, Stephen L. Pepper

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Plaintiffs' Attorneys' Fees In Class Action Litigation: An Ethical Solution, David M. Young Jan 1999

Plaintiffs' Attorneys' Fees In Class Action Litigation: An Ethical Solution, David M. Young

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson Jan 1999

Effective Assistance: Reconceiving The Role Of The Chief Public Defender, Kim Taylor-Thompson

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Conflicts In The Corporate Family: Professor Wolfram Has It Almost Right, Lawrence J. Fox Jan 1999

Conflicts In The Corporate Family: Professor Wolfram Has It Almost Right, Lawrence J. Fox

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Rationing Justice - What Thomas More Would Say, Michael E. Tigar Jan 1999

Rationing Justice - What Thomas More Would Say, Michael E. Tigar

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Innovative Legal Billing, Alternatives To Billable Hours And Ethical Hurdles, Ronald D. Rotunda Jan 1999

Innovative Legal Billing, Alternatives To Billable Hours And Ethical Hurdles, Ronald D. Rotunda

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


Comments On After Legal Aid Is Abolished, Frank Rosiny Jan 1999

Comments On After Legal Aid Is Abolished, Frank Rosiny

Journal of the Institute for the Study of Legal Ethics

No abstract provided.


The Lawful And The Just: Moral Implications Of Unequal Access To Legal Services, Kathleen Clark Jan 1999

The Lawful And The Just: Moral Implications Of Unequal Access To Legal Services, Kathleen Clark

Journal of the Institute for the Study of Legal Ethics

No abstract provided.