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Legal Profession

1992

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Articles 61 - 90 of 100

Full-Text Articles in Law

Becoming A Player: A Credo For Young Lawyers In The 1990s, Patricia M. Wald Jan 1992

Becoming A Player: A Credo For Young Lawyers In The 1990s, Patricia M. Wald

Maryland Law Review

No abstract provided.


Beyond The New Role Morality For Lawyers, Rob Atkinson Jan 1992

Beyond The New Role Morality For Lawyers, Rob Atkinson

Maryland Law Review

No abstract provided.


Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon Jan 1992

Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon

Faculty Articles

Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.


Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil Jan 1992

Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil

Publications

No abstract provided.


The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young Jan 1992

The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young

Faculty Scholarship

No abstract provided.


Legal Malpractice In Ohio, John C. Nemeth Jan 1992

Legal Malpractice In Ohio, John C. Nemeth

Cleveland State Law Review

This article will discuss the fundamentals of a legal malpractice case, specifically addressing two areas. The first involves the elements of a legal malpractice case. This discussion will expose two problems that continually appear in legal malpractice litigation: (1) expanding the liability of an attorney to third parties, and (2) determining whether the alleged malpractice was the proximate cause of the plaintiff's injuries. The second area of discussion will focus on the time limitations imposed for bringing a legal malpractice action. Additionally, in order to better understand the current state of the law, a brief discussion illustrating the historical development …


Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr. Jan 1992

Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank Jan 1992

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

All Faculty Scholarship

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …


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 Jan 1992

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.


Volume 59 Jan 1992

Volume 59

Tennessee Law Review

No abstract provided.


Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce Jan 1992

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 …


Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce Jan 1992

Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce

Faculty Scholarship

When we acknowledge the contradiction between the project's goal and the reality of group influence, we are led to consider the alternative strategy of creating community. Such a strategy would invite lawyers to begin a community dialogue regarding how each of our group identities, and the responses of others to our identities, interfere with our efforts to realize the goal of equal justice. While significant to the understanding of group dynamics, consideration of Jewish lawyering probably has limited value as a predictor of an individual lawyer's professional conduct. The actual and potential influence of Jewishness on lawyering is quite diverse, …


The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le Jan 1992

The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le

Journal Articles

In 1978 a French television poll queried 982 viewers as to their images of the French lawyer (avocat). Of those polled, less than five percent held a positive view of the avocat. Eighteen percent of the 940 persons who expressed a negative view of the avocat simply conveyed this impression in general terms, but the remainder were more precise. Forty-eight percent of the respondents felt that the avocat was a "money sucker"; fourteen percent saw him as a man without conscience; and another fourteen percent believed that he acted with impunity within his bar. Four percent considered the bar to …


Kentucky Lawyer, 1992, University Of Kentucky College Of Law Jan 1992

Kentucky Lawyer, 1992, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin Jan 1992

Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin

Articles & Chapters

No abstract provided.


Lawyer Decision Making: The Problem Of Prediction, Marjorie Mcdiarmid Jan 1992

Lawyer Decision Making: The Problem Of Prediction, Marjorie Mcdiarmid

Law Faculty Scholarship

This Article examines three competing models for lawyer decision making. Reviewing literature drawn from other disciplines, Professor McDiarmid applies each model to a particular lawyer decision task and provides a critique both of applicability and of the underlying assumptions of the models themselves. The Article concentrates on the problem of prediction in the face of uncertainty.


On Retiring From A Deanship, John W. Reed Jan 1992

On Retiring From A Deanship, John W. Reed

Other Publications

The reason for the italicized "from" in the title of my remarks is to distinguish it from the comments that I made at our meeting in Tucson four years ago, under the title "On Retiring to a Deanship." For those of you who were not there, I should mention that five years ago, as I was about to reach retirement age at the University of Michigan Law School-what the late William L. Prosser used to call the age of mandatory senility-Wayne State University in Detroit asked me to serve as its dean for a term of five years. Lobbied by …


Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr. Jan 1992

Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown Jan 1992

Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown

UIC Law Review

No abstract provided.


Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng Jan 1992

Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng

UIC Law Review

No abstract provided.


The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman Jan 1992

The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman

UIC Law Review

No abstract provided.


On Defining Academic Scholarship, Stephen J. Werber Jan 1992

On Defining Academic Scholarship, Stephen J. Werber

Cleveland State Law Review

This article seeks to find a definition of “scholarship.” Scholarship, to be fully recognized in the academic community, must address the theory of law - not its application. The basic premise of this essay is that such a definition of scholarship is detrimental to the law teaching profession and demeaning of the legal profession as a whole. As in the sciences, there is a need for both theoretical scholarship and applied scholarship. Both should be recognized as contributing to the overall knowledge, development, and beauty of the law as well as to the justice that that law seeks to achieve.


Personal Values And Professional Ethics, Geoffrey C. Hazard Jr. Jan 1992

Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.

Cleveland State Law Review

My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …


The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii Jan 1992

The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii

Faculty Publications

The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.


Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond Jan 1992

Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond

Faculty Publications

This article discusses some of the lesser known complexities of LEXIS and WESTLAW and the necessity for evaluating these systems critically. Sample searches highlight the major differences between WESTLAW's and LEXIS's search protocols. Comparable features of each system are examined to show how users can improve the quality of their search results and to warn of unintended consequences when users misapply them. Strategies for formulating searches that retrieve relevant cases and prevent the exclusion of potentially relevant cases are considered, along with the economics of online searching. Although the searches presented are limited to Ohio case law, they are adaptable …


Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton Jan 1992

Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton

Faculty Scholarship

This article criticizes the inadequacy of information available to consumers seeking an attorney compatible with their needs. The article describes why such inadequacy exists – in part because the legal profession distribute information to consumers through the narrow lens of attorney self-regulation rather than through the broader lens of consumer need. Yet, in striving to maintain their autonomy, lawyers have only perpetuated the enormous gap between information the public would like to have and that which they actually receive. The article explores sources of information consumers have access to, why such sources are so limited, and finally, how the problem …


Discretion And Rules: A Lawyer's View, Carl E. Scheider Jan 1992

Discretion And Rules: A Lawyer's View, Carl E. Scheider

Book Chapters

In modern society the law regulates the complex behavior of millions of people. To do this efficiently-to do this at all-broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area …


Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford Jan 1992

Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


Professionalism And Community: A Response To Terrell And Wildman, Robert E. Rodes Jan 1992

Professionalism And Community: A Response To Terrell And Wildman, Robert E. Rodes

Journal Articles

Professor Terrell and Mr. Wildman have earned our gratitude with their sober, thoughtful, lucid, and honest contribution to the ongoing discussion of professionalism. They have examined the problems with a sharp and critical eye, placed them in a social and historical perspective, and offered modest but genuinely helpful suggestions for solving them. They are quite free from the obfuscation and bombast that often appear when people address this difficult subject. Best of all, they have resisted the temptation to draw an invidious distinction between a profession and a business - a distinction that is often presented in ways that no …


Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman Jan 1992

Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman

Articles

I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …