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Full-Text Articles in Law
Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii
Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii
Indiana Law Journal
No abstract provided.
The Law Between The Bar And The State, Susan P. Koniak
The Law Between The Bar And The State, Susan P. Koniak
Faculty Scholarship
The traditional understanding of the relation between law and professional legal ethics is that legal ethics covers matters not covered by law; that ethics sits passively above law, starting where law leaves off. In this Article, Professor Susan Koniak argues that this understanding is wrong. She asserts that professional ethics are in competition and conflict with law as it is embodied in the pronouncements of courts and legislatures. Although "law" is usually considered to be the near exclusive preserve of the state, the Article contends that private groups also have "law," but it is usually called "ethics." The legal profession's …
Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu
Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu
Indiana Law Journal
No abstract provided.
Gentile V. State Bar Of Nevada: Trial In The Court Of Public Opinion And Coping With Model Rule 3.6 - Where Do We Go From Here, Lynn S. Fulstone
Gentile V. State Bar Of Nevada: Trial In The Court Of Public Opinion And Coping With Model Rule 3.6 - Where Do We Go From Here, Lynn S. Fulstone
Villanova Law Review
No abstract provided.
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Faculty Scholarship
Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …