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Articles 61 - 77 of 77
Full-Text Articles in Law
Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu
Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu
University of Richmond Law Review
Justice William Brennan once observed that disputes about attorneys' fees are "one of the least socially productive types of litigation imaginable." Socially productive or not, attorneys' fees are a major problem in complex litigation today because of both the time and resources needed to determine appropriate fees and the public perception that fees are excessive. While the attorneys' fee problem is not unique to complex suits, the problem is magnified because: 1) complex suits are often more protracted than ordinary suits and necessarily require more lawyers; 2) many fee shifting statutes can be triggered in complex suits; and 3) class …
Remembering Nina R. Kestin, Kenneth E. Powell
Remembering Nina R. Kestin, Kenneth E. Powell
University of Richmond Law Review
There are many people whose lives are different because Ricki Kestin was in it. I am one of those people. You will understand when I tell you that I did not want to speak today; that I did not want to tell you what I knew or thought or felt about Ricki.
Invalidation Of Residency Requirements For Admission To The Bar: Opportunities For General Reform, Paul G. Gill
Invalidation Of Residency Requirements For Admission To The Bar: Opportunities For General Reform, Paul G. Gill
University of Richmond Law Review
Individuals must jump several major hurdles to earn the right to practice law. One hurdle state bars have traditionally imposed is the requirement that applicants demonstrate their residency in that state. This must be done either upon application, prior to admission, or upon admission. A residency requirement has been imposed on both applicants applying for admission by examination, and attorney applicants admitted on motion without exam.
A Love Of Excellence, Harry L. Carrico
A Love Of Excellence, Harry L. Carrico
University of Richmond Law Review
This is an address delivered by Harry L. Carrico, Chief Justice of the Virginia Supreme Court, at the T. C. Williams School of Law annual banquet honoring merit scholarship sponsors and recipients. At this banquet, Dean Joseph D. Harbaughpresented Justice Carricowith a plaque honoringhim for his unique and extensive contributions both to the legal profession in Virginia and to the T. C. Williams Law School.
The Coming Of Legal Specialization, O. Randolph Rollins
The Coming Of Legal Specialization, O. Randolph Rollins
University of Richmond Law Review
A great debate rages across the ranks of the legal profession about the need to regulate claims by lawyers that they are specialists in particular fields of practice. Members of our profession express outrage when another lawyer lists himself under the anti- trust or tax headings in the Yellow Pages complaining that that lawyer calls "them" when he needs anti-trust or tax advice. Lawyers profess astonishment when they see an advertisement by another attorney cataloguing a number of fields in which that attorney practices. They ask how could any person-much less a lawyer who advertises-be a "specialist" in so many …
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
University of Richmond Law Review
In the early days of America's development, the attorney-at-law was little needed. While law was a popular study, the pioneering nature of the settlers dictated that each look out for his own interests. Delegation to counsel was unnecessary.'
The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino
The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino
University of Richmond Law Review
One of the most essential and critical components of a democratic society is the law profession. Lawyers are charged with the preeminent duty of assisting citizens in the maintenance of their individual rights. Because of a lawyer's "enviable position of prestige and respect," he "enjoy[s] much public confidence and trust." Therefore, society expects, and the profession demands, that only individuals possessing an adequate degree of intelligence, education, and good moral character be permitted to practice law.
The Abolition Of The Forms Of Action In Virginia, W. Hamilton Bryson
The Abolition Of The Forms Of Action In Virginia, W. Hamilton Bryson
University of Richmond Law Review
The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …
Lawyer Advertising: Permissibility Of Indicating The Nature Of Legal Practice In Advertisements, Kenneth J. Alcott
Lawyer Advertising: Permissibility Of Indicating The Nature Of Legal Practice In Advertisements, Kenneth J. Alcott
University of Richmond Law Review
Canon 27 of the ABA Canons of Professional Ethics, adopted by the American Bar Association in 1908, provided that it was "unprofessional" for lawyers to advertise or solicit professional employment. This prohibition made sense in a time when most lawyers were general practitioners and communities were small, so that a lawyer's reputation was well known. However, the increasing size and complexity of both society and the law have made it necessary for lawyers to select certain areas of law in which to practices in order to develop the expertise necessary to deal with today's complex legal issues. A corresponding need …
Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr.
Corporate Attorney-Client Privilege - New Emphasis On The Lawyer's Need To Know: Upjohn Co. V. United States, Michael J. Viscount Jr.
University of Richmond Law Review
In seeking the advice of legal counsel, the corporation may, out of necessity, communicate through its representatives confidential secrets about its conduct in business. As is the case with individuals, it is well settled that a corporation may avail itself of the evidentiary privilege which allows concealment of such confidential communications. This so-called attorney-client privilege is the oldest of the privileges for confidential communications known to the common law. However, its application in the corporate context has been quite unpredictable for the past twenty years.
The Questionable Validity Of The Automatic Exemption Of Attorneys From Jury Service, Barbara Ann Dalvano
The Questionable Validity Of The Automatic Exemption Of Attorneys From Jury Service, Barbara Ann Dalvano
University of Richmond Law Review
On January 10, 1980 Senator Emick proposed a bill in the Virginia General Assembly to abolish the automatic and optional exemptions from jury service of persons engaged in certain occupations. The bill was not passed in its proposed form. Section 8.01-341, providing optional exemptions, still remains in force in its entirety. Automatic exemptions, however, were eliminated for optometrists, clerks of both houses of the General Assembly, ministers, jail keepers, superintendents of public and mental hospitals, undertakers, veterinarians, members of fire departments, pharmacists, clinical psychologists and citizens of Broad Water and Cobb Islands. Licensed practicing attorneys, however, along with several other …
Dedication - J. Westwood Smithers
Dedication - J. Westwood Smithers
University of Richmond Law Review
Mr. Smithers has been associated with the T. C. Williams School of Law for 50 years, both as a student and as a professor. Over the course of the half-century which has passed since he began his first year as a student in the old building on Lombardy Street, Mr. Smithers has served as example, mentor and friend to countless scores of students and attorneys both within and outside the state. He taught his last regular class at T. C. Williams last year, leaving behind a school saddened by his departure, yet richer for his service. The Editorial Board, therefore, …
Prepaid Legal Services: A New Frontier, Joseph R. Winston
Prepaid Legal Services: A New Frontier, Joseph R. Winston
University of Richmond Law Review
During its 1978 regular session, the Virginia General Assembly continued its efforts to regulate prepaid legal services. Enacted was a bill designed to regulate certain legal services plans not covered by Virginia or federal statute.
Third-Year Practice Rules In Virginia: Notes For The Practitioner, George K. Walker
Third-Year Practice Rules In Virginia: Notes For The Practitioner, George K. Walker
University of Richmond Law Review
It is pleasing to know that all courts sitting in Virginia have provided for student participation in the processing of cases. Within the boundaries of the Commonwealth, there is a uniform recognition of the need and appropriateness of judicial cooperation in the process of educating young men and women in the law.
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
University of Richmond Law Review
In 1939, the first in a series of four comprehensive law review articles by Professor George D. Hornstein was published on the subject of the award of counsel fees in stockholders' derivative suits and corporate class actions. These articles highlighted equitable principles peculiar to such actions, previously not fully understood by either attorneys or the courts, which have made derivative and class actions extremely effective weapons in the battle for corporate democracy. Three very basic questions were posed and answered: 1) Who will pay for the attorneys fees and expenses incurred in such litigation? 2) What factors govern the award …
Student Practice-Limited Appearances In Court By Third Year Law Students
Student Practice-Limited Appearances In Court By Third Year Law Students
University of Richmond Law Review
The practice of law as it is known to our legal system has been a closely guarded institution since its development in England during the Middle Ages. In the fourteenth and fifteenth centuries the legal profession became organized and obtained the monopoly of legal work it still enjoys today. Even before the end of the thirteenth century, it was generally recognized that although a litigant could personally appear and argue in his own behalf, the party represented by a lawyer, who was an expert in the law and its language, would have a decided advantage over his opponent.
Lawyers And The Professional Association Act, Ellsworth Wiltshire
Lawyers And The Professional Association Act, Ellsworth Wiltshire
University of Richmond Law Review
The Professional Association Act passed by the recent Gen- eral Assembly of Virginia becomes effective as Chapter 277 of the Acts of 1962 on June 29, 1962. It permits three or more individuals authorized to practice in Virginia any one of the following named professions to form an association, which will be a legal entity separate from the associates comprising it: "architecture, professional engineering, land surveying, certified public accounting, dentistry, optometry, practice of the healing arts, and veterinary medicine, surgery and law".