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Legal Profession

Articles in Law Reviews & Other Academic Journals

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Legal profession

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Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams Jul 2021

Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.

This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …


From Advocate To Party - Defenses For Lawyers Who Find Themselves In Litigation, Richard J. Wilson Jan 2020

From Advocate To Party - Defenses For Lawyers Who Find Themselves In Litigation, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

Attorneys, like all professionals, face civil liability when their action or inaction causes harm to a client. When an attorney fails the client, the claim most often asserted, and the claim that is typically most appropriate, is a legal malpractice claim. A legal malpractice claim is based on negligence.' Thus, the elements of a legal malpractice claim are (1) a duty, (2) a breach of that duty, (3) the breach proximately caused injury to the plaintiff, and (4) damages occurred.

Still, attorneys find themselves in a different circumstance than the average litigant. An attorney is not responsible for the client's …