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Full-Text Articles in Law
Breach Of Contract?: The New Economy, Access To Justice And The Ethical Responsibilities Of The Legal Profession, Richard Devlin
Breach Of Contract?: The New Economy, Access To Justice And The Ethical Responsibilities Of The Legal Profession, Richard Devlin
Dalhousie Law Journal
In the last several years, there has been a growing awareness within the legal profession that access to justice, that is, to legal advice and representation, is becoming increasingly difficult. Nowhere is this more obvious than in the cuts to legal aid programmes. The author argues that the response of the legal profession is inadequate because it remains trapped in a welfarist paradigm of legal aid that is insensitive to the impact of the new economy and the newly emergent social investment state. The author explores the possibility of an alternative response - the adoption of a mandatory pro bono …
Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way
Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way
Dalhousie Law Journal
Are legal professionals concerned with "doing good" or just with "doing well" financially? In an age of increasing and intensifying public scrutiny there is a need to examine and challenge the legal profession's conception of professional responsibility, and how it translates into practice. This paper expresses the concern that the profession has moved too far in the direction of a "billable hours" culture, a culture that is falling short of the legal profession's obligation as a self-regulated entity to consider and acknowledge the public interest at all points. The author calls for a broader conception of professionalism, one that encompasses …
The Lawyer As Citizen, James E. Fleming
The Lawyer As Citizen, James E. Fleming
Faculty Scholarship
The moral schizophrenia of the lawyer-person wrought by the American adversarial system's differentiation of professional morality from personal morality is at once alienating and anesthetizing. Alienating in that it separates a person from her/his actions taken in performing a professional role by attributing responsibility for these actions and their consequences to the role itself rather than to the individual. Anesthetizing in that it permits if not requires a professional to constrict the moral universe inhabited on the job, extruding moral sentiments that she/he otherwise might feel, numbing the moral sense of ordinary personal responsibility.
Federalism And The Idea Of Law Practice, Patrick Baude
Federalism And The Idea Of Law Practice, Patrick Baude
Articles by Maurer Faculty
No abstract provided.
Law: Illumination Against Darkness, Alfred C. Aman
Law: Illumination Against Darkness, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine
Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine
Maryland Law Review
No abstract provided.
Learning More Than Law From Maryland Decisions, Ian Gallacher
Learning More Than Law From Maryland Decisions, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
Attorney Grievance Commission V. Childress: Excessive Focus On Mitigating Factors In Attorney Misconduct Case Fails To Preserve Public Confidence In The Legal Profession, Matthew G. Steinhilber
Attorney Grievance Commission V. Childress: Excessive Focus On Mitigating Factors In Attorney Misconduct Case Fails To Preserve Public Confidence In The Legal Profession, Matthew G. Steinhilber
Maryland Law Review
No abstract provided.
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Journal Articles
The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the lawyer …
Bicentennial Man - The New Millennium Assimilationism And The Foreigner Among Us, Lolita Buckner Inniss
Bicentennial Man - The New Millennium Assimilationism And The Foreigner Among Us, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
No abstract provided.
The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth
The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver
The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver
Articles by Maurer Faculty
This article contributes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000.
The various roles …
Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine
Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine
Scholarly Works
The prevailing trend within the legal community has been to associate the recent decline of professionalism in the practice of law with the emergence of increasing commercialism, indicating that law has become more a business than a profession. Despite the evidence apparently supporting the position that law has evolved into a business, some scholars have responded by reaffirming the professionalism model, arguing that legal practice remains true to its professional ideals. These scholars admit that the professional paradigm is not without its flaws, but argue that it is more likely to lead to a better practice of law than the …