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Articles 1 - 13 of 13
Full-Text Articles in Law
Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney
Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney
Faculty Scholarship
This article explores the concept of peer review in the practice of law. The article begins with an introduction to law partners’ liability exposure for the acts or omissions of their law partners. The article explains how this exposure has traditionally been approached as vicarious liability and how the government is attempting to transform these issues into direct liability by using failure to monitor claims. Part I briefly reviews perspectives on the emergence, growth, and structure of law firms, then uses a matrix to show how firm culture and organizational structure affect internal and external controls on attorney conduct. Part …
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Review Of "Constitutional Torts" By Sheldon H. Nahmod, Michael L. Wells, Thomas A. Eaton, Jack M. Beermann
Faculty Scholarship
The most interesting issues in the field of constitutional torts, involving the legal and moral bases for the government's responsibility for injuries it causes, are the most difficult ones for lawyers to explore. The question whether, as a moral or social policy matter, governments and government officials should enjoy immunities or other defenses not available to private individuals is rarely confronted directly in judicial opinions or in scholarship on constitutional torts, yet it lurks behind many of the doctrinal issues that come up in constitutional tort litigation.1 A slight scratch on the surface of doctrines as disparate as official …
A Preliminary Inquiry Into The Transcendence Of Value Creation, Frederick Lambert
A Preliminary Inquiry Into The Transcendence Of Value Creation, Frederick Lambert
Faculty Scholarship
No abstract provided.
Business Lawyers And Value Creation For Clients, Ronald J. Gilson, Robert H. Mnookin
Business Lawyers And Value Creation For Clients, Ronald J. Gilson, Robert H. Mnookin
Faculty Scholarship
This Symposium marks an important milestone in legal scholarship and education: The spotlight falls on business lawyers for a change. Ten years ago, when one of us first wrote about what business lawyers really do, no one had devoted much attention to this part of the profession. In his broadside against lawyers, Derek Bok, then President of Harvard University and formerly dean of its law school, reserved his invective for litigators and the litigation process. Business lawyers captured the attention of very few critics; even on the unusual occasion when we were noticed, the criticism was at least funny. If …
Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack
Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack
Faculty Scholarship
There are more things of importance to representing clients than are disclosed through a typical interview or counseling session, even a session undertaken by a lawyer earnestly attempting to hear rather than ignore the client. We lawyers are often vividly aware, when we pause to contemplate the point, that we do not know all we should about our clients. We may also believe that we have great gulfs of knowledge and experience to cross in order to hear and understand any particular client. Further, we fear that our ability to cross these gulfs is limited by the human, and lawyerly, …
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Commentary: Policy Implications, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
Faculty Scholarship
As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …
Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce
Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce
Faculty Scholarship
The Article explains how the Professionalism Paradigm distinguishes between self-interested businesspersons and altruistic professionals who place the public good above their own interests and those of their clients. The legal profession has used this Business-Profession dichotomy to obtain control of the delivery legal services, including a legislative monopoly on the practice of law. Today, the Professionalism Paradigm faces a crisis as leading lawyers, judges, and scholars complain that law has become a business and is no longer a profession. The Article “identifies this shift as a time for hope rather than as a cause for despair. Applying Thomas S. Kuhn's …
What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar
What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Defending, Michael E. Tigar
Lawyers And Social Justice, Michael E. Tigar
Lawyers And Social Justice, Michael E. Tigar
Faculty Scholarship
No abstract provided.
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman
The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman
Faculty Scholarship
Columbia Law School's ethics course, "The Profession of Law" ("POL"), is an interactive, experiential exploration of lawyer ethics. The course, required for all third-year students, is taught on an intensive basis during the first week of the fall semester. It begins on Monday morning, the first day of the semester, and runs through mid-afternoon on the following Friday. The course has five goals: to introduce students to the rules that govern professional conduct; to help them develop an analytic framework for making ethical decisions in those broad areas where the rules do not give clear answers; to provoke them to …