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Full-Text Articles in Law
Three Concepts Of Roles, W. Bradley Wendel
Three Concepts Of Roles, W. Bradley Wendel
San Diego Law Review
There is something distinctive about the law, legal reasoning, and the role of lawyers. That distinctiveness is captured by the idea that normative reasoning by citizens in communities is necessarily aimed at discovering what rights and obligations everyone ought to have, consistent with the interests of other citizens. It is implausible to believe that ordinary moral reasoning is well-suited to working out a scheme of public entitlements that is suited to regulating the interactions among citizens who disagree about what their entitlements ought to be. The law has authority to the extent it enables people to do better than they …
Feminist Legal Writing, Kathryn M. Stanchi
Feminist Legal Writing, Kathryn M. Stanchi
San Diego Law Review
Because feminist legal advocates must use legal writing to persuade
their audience and push for change in the law, they must confront the dilemma of whether to follow legal writing conventions and risk altering or losing their feminist message or whether to break from convention and risk losing the legal audience. Feminist legal scholarship, in many different ways, has made great progress in dealing with this dilemma. The focus of this Article, however, is on several pieces of feminist legal scholarship that have confronted the dilemma by pushing the bounds of conventional legal language and legal writing. These pieces, by …
Teaching Professional Ethics, Tom C. Clark
Teaching Professional Ethics, Tom C. Clark
San Diego Law Review
Unless the bar is uniformly imbued with that spirit of honesty and decency and unless it is inspired to insist upon the exercise of the highest ideals in the day-to-day practice of law, then no disciplinary system can be effective and no code of professional conduct will be anything more than a hypocritical farce. How can such an ethical renaissance take place? That, to be sure, is the question and to my mind there is but one possible answer. It must begin in the law schools of this country and spread from there — through continuing legal education programs and …
Legal Ethics Of The Trial Lawyer--How They Serve The Client, Leonard M. Ring
Legal Ethics Of The Trial Lawyer--How They Serve The Client, Leonard M. Ring
San Diego Law Review
The trial lawyer, especially, must recognize that the entire basis of legal intercourse is ethical and moral. Even viewed solely from the standpoint of those whom he represents, the attorney who enjoys a reputation for high ethical standards receives favorable treatment from the court which inures to the benefit of the client. First of all, the court knows that whatever a trial lawyer says or does, he dos so with the sincerity of his convictions, and also because he believes that it is the moral and proper thing to be done. The court is bound to attach greater weight to …
Watergate And The Law Schools, Donald T. Weckstein
Watergate And The Law Schools, Donald T. Weckstein
San Diego Law Review
The misdeeds of the Watergate lawyers involve more than image tarnishing. A large number of the showcase successes for the profession have acted unethically, dishonestly, corruptly and criminally. But out of the debris of these fallen idols an opportunity for professional reform, more favorable than perhaps at any other time in our history, has arisen.
One Man's Perspective On Ethics And The Legal Profession, William Pincus
One Man's Perspective On Ethics And The Legal Profession, William Pincus
San Diego Law Review
The present system of educating and qualifying lawyers is questionable on ethical grounds because it holds out that it is preparing lawyers to serve clients when it does not do so. Limited to classroom and library in law school and to written exercises on Bar examinations, our educational and qualification process ignores the necessary transition from learning theory and doctrine to putting these into practice with a client. The present systems leaves untouched the largest part of the professional development of the lawyer, satisfied as it is with achievement in intellectual analysis and unconcerned as it has been with professional …
Professional Responsibility Problems And Contempt In Advocacy, Horace W. Gilmore
Professional Responsibility Problems And Contempt In Advocacy, Horace W. Gilmore
San Diego Law Review
In this Article, I propose to deal with a comparison between the standards of the ABA Code of Professional Responsibility and general contempt standards in two contexts: advocacy in the court room and the limits of pre-trial publicity by advocates.
Is The Bar Meeting Its Ethical Responsibilities?, John V. Tunney
Is The Bar Meeting Its Ethical Responsibilities?, John V. Tunney
San Diego Law Review
Our society depends to a large extent on lawyers to assure all citizens the protection and advantages of the law. The legal profession itself ? through its largest national organization, the American Bar Association, and through most state bars which adopt or enforce disciplinary rules for lawyers ? has chosen, in the canons quoted above, to impose on itself the ethical responsibility of making competent legal services available to all those who need them. Society has accepted the profession's position, and has subjected the ethical conduct of lawyers to little government interference or supervision.
Canon 2 - The Bright And Dark Face Of The Legal Profession, Alex Elson
Canon 2 - The Bright And Dark Face Of The Legal Profession, Alex Elson
San Diego Law Review
The focus of this Article is on the disciplinary rules which, though intended to implement Canon 2, in fact foreclose lawyers from ethically participating in plans designed to extend legal services to many Americans who otherwise would go without a lawyer.
Ethical Problems In Connection With The Delivery Of Legal Services, Walter P. Armstrong Jr.
Ethical Problems In Connection With The Delivery Of Legal Services, Walter P. Armstrong Jr.
San Diego Law Review
When the Code of Professional Responsibility was presented to the House of Delegates of the American Bar Association at its 1969 annual meeting by the Special Committee on the Evaluation of Ethical Standards, the only exception taken to any of its provisions was to that dealing with cooperation by a lawyer with an organization engaged in facilitating the delivery of legal services to the public. The Code, as drafted by the Committee, and as ultimately adopted at that time by the House of Delegates, provides that "a lawyer shall not knowingly assist a person or organization that recommends, furnishes or …