Law Commons^™

The (F)Utility Of Rules: Regulating Attorney Conduct In Federal Court Practice, Judith A. Mcmorrow

Judith A. McMorrow

The problem is often decried: out-of-control attorneys, opportunists, cowboys, self-dealers, and overzealous prosecutors abusing the litigation process either for self-serving ends or from ideological zeal. But one person’s opportunist, cowboy, or self-dealer is another person’s zealous advocate. Lawyers want and need guidance on how to resolve issues that have competing claims to right behavior. The first place many lawyers look to find appropriate guidance are rules of ethics. Lawyers practicing in federal courts will find the search for rules particularly confusing. Unlike the Federal Rules of Civil and Criminal Procedure, federal courts do not operate with uniform ethics rules. District …

On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel

Cornell Law Faculty Publications

"Legal Ethics is an international and interdisciplinary journal dedicated to the field of legal ethics." The mission statement of this journal poses three concise challenges for scholars in this discipline: To define the domain of legal ethics, to study it from a perspective that is valid across jurisdictional boundaries, and to incorporate the insights of related disciplines. As befits an emerging and exciting field, lawyers and university faculty throughout the English- speaking common-law world have begun to engage with all three of these problems. The book reviews section of Legal Ethics has highlighted the publication of many of the …

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Cornell Law Faculty Publications

One of the most striking things to notice when "looking back" on the regulation of the legal profession is the relative absence of enforceable legal sanctions for unethical behavior by lawyers. Before the promulgation in 1970 of the ABA's Model Code of Professional Responsibility, regulation of the legal profession was largely a matter of a fraternal body taking care of its own, and occasionally expelling miscreants. Now, of course, there is a complex body of law, enforced by courts and regulatory authorities with overlapping jurisdiction, that governs a substantial amount of the day-to-day activities of lawyers.

The hypothesis I explore …

Toward A History Of The Legalization Of American Legal Ethics -- Ii The Modern Era, Charles W. Wolfram

Cornell Law Faculty Publications

Renewed Introspection And The Legal Profession, Eugene R. Gaetke

Law Faculty Scholarly Articles

As the twentieth century draws to a close, the legal profession again immersed in a process of self-assessment, reflection, and reform. Operating on several fronts, various constituent elements of the bar have recently completed or have underway significant projects relating to the law of lawyering.

Two efforts stand out in particular. For more than a decade, the American Law Institute has labored in the production of a new Restatement of the Law Governing Lawyers, and the organization stands now on the brink of that monumental work's publication. Equally significant, the American Bar Association has again undertaken a comprehensive review of …

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Cornell Law Faculty Publications

Legal Ethics And The Restatement Process -- The Sometimes-Uncomfortable Fit, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Lawyer Turf And Lawyer Regulation -- The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis

Publications

No abstract provided.