Law Commons^™

Lying To Clients, Lisa G. Lerman

Scholarly Articles

Moral philosopher Sissela Bok defines a lie as "any intentionally deceptive message which is stated." She defines deception more broadly, as encompassing "messages meant to mislead [others] ... through gesture, through disguise, by means of action or inaction, even through silence." This broader category of deception is the subject of study here. This Article will examine overt misstatements and deliberate omissions or failures to disclose information. The determining factor in identifying deception is the lawyer's intent. If the lawyer intends to deceive a client, he or she may accomplish this by telling a lie or by withholding information. Deception by …

Kentucky's New Rules Of Professional Conduct For Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

On July 12, 1989, the Kentucky Supreme Court adopted its own version of the American Bar Association's 1983 Model Rules of Professional Conduct as the body of disciplinary law applicable to lawyers practicing in the state. These new rules constitute a major improvement in the state's law of legal ethics. Their adoption should be considered a victory for Kentucky lawyers and, more importantly, a victory for the people of the state, the ultimate beneficiaries of the regulation of the legal profession.

As with most victories, the adoption of the new rules was not unequivocally positive. Kentucky's version of the Model …

Malice In Wonderland: Fictionalized Quotations And The Constitutionally Compelled Substantial Truth Doctrine, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans

Articles & Book Chapters

The issue of unauthorized legal practice involves questions of professionalism and market protection. The legal profession, like other professions, is seen a being particularly successful at excluding others from its area of jurisdiction. Disputes over jurisdiction occur at the edge of this jurisdiction, specifically when certain condition arise. The e conditions are characterized by the "indetermination/ technicality (I/T) ratio", where "I" represents the ideological underpinning of the profession and "T" represents the technical knowledge. "If either the knowledge base or the ideological underpinning deteriorates, the occupation will lose control over its spheres of activity....For an occupation or a profession to …

Consensual Relationships And Institutional Policy, Elisabeth Keller

Elisabeth Keller

No abstract provided.

Unauthorized Legal Practice Prosecutions And Independent Paralegals In Ontario And The United States, John A. Flood, Frederick H. Zemans

Frederick H. Zemans