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Full-Text Articles in Law
The Partnership Mystique: Law Firm Finance And Governance For The 21st Century American Law Firm, Maya Steinitz
The Partnership Mystique: Law Firm Finance And Governance For The 21st Century American Law Firm, Maya Steinitz
William & Mary Law Review
This Article identifies and analyzes the de facto and de jure end of lawyers’ exclusivity over the practice of law in the United States. This development will have profound implications for the legal profession, the careers of individual lawyers, and the justice system as a whole.
First, the Article argues that various financial products that have recently flooded the legal market are functionally equivalent to investing in and owning law firms and create all the same governance challenges as allowing nonlawyers to directly own stock in law firms.
Second, the Article analyzes Arizona’s groundbreaking legalization of nonlawyer participation in law …
Tiptoeing Through The Landmines: The Evolution Of States’ Legal Ethics Authority Regarding Representing Cannabis Clients, Karen E. Boxx
Tiptoeing Through The Landmines: The Evolution Of States’ Legal Ethics Authority Regarding Representing Cannabis Clients, Karen E. Boxx
Seattle University Law Review
Despite the continued federal classification of cannabis as an illegal drug, states have legalized the possession, use, production, and sale of cannabis. In order to do so, the states have created complex regulatory schemes to control and monitor the cannabis industry and satisfy the federal government concerns, such as use by minors and organized crime involvement. First, this Article presents the ethical dilemma of cannabis lawyering. Second, this Article describes the history, evolution, and current status of the various states’ pronouncements on a lawyer’s ethical duties with respect to the business and use of cannabis that may be legal under …
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
Dickinson Law Review (2017-Present)
No abstract provided.
The Fault In Legal Ethics, Anthony T. Kronman
The Fault In Legal Ethics, Anthony T. Kronman
Dickinson Law Review (2017-Present)
No abstract provided.
Law Firm Economics And Professionalism, Ward Bower
Law Firm Economics And Professionalism, Ward Bower
Dickinson Law Review (2017-Present)
Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.
Both authors accurately assess the state of the …
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Dickinson Law Review (2017-Present)
No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.
In this essay I address another cluster of folklore about …
Money Didn’T Buy Happiness, Lawrence J. Fox
Money Didn’T Buy Happiness, Lawrence J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
University of Arkansas at Little Rock Law Review
No abstract provided.
Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations, Jed S. Rakoff
Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations, Jed S. Rakoff
Seattle University Law Review
Judge Rakoff’s remarks from the seventh annual Berle Symposium, held May 26–27, 2015 at Seattle University School of Law.
A Behavioral Theory Of Legal Ethics, Andrew M. Perlman
A Behavioral Theory Of Legal Ethics, Andrew M. Perlman
Indiana Law Journal
Behavioral insights have informed many areas of law, including the field of professional responsibility. Those insights, however, have had only a modest effect on the foundational theories of legal ethics, even though those theories are, at their core, prescriptions about human behavior. The reality is that lawyers’ conduct cannot be understood, theorized about, or used to produce the best possible regulations without an appreciation for the limits on human rationality and objectivity. A behavioral theory of legal ethics offers a way to incorporate those realties into the foundational debates on a lawyer’s professional role so that scholars can produce more …
A Call To Action: A Client-Centered Evaluation Of Collaborative Law, Alexandria Zylstra
A Call To Action: A Client-Centered Evaluation Of Collaborative Law, Alexandria Zylstra
Pepperdine Dispute Resolution Law Journal
This paper will first examine the process of collaborative law, from deciding to hire a collaborative lawyer to the disqualification agreement, as well as identifying potential dangers for the client, including an analysis of collaborative law utilizing the negotiation theory of Roger Fisher and William Ury's book Getting to Yes. The second part of the paper will examine how collaborative law literature evaluates and critiques the costs and benefits of collaborative law. This paper ultimately finds that the cost-benefit analysis either stems from small, non-controlled studies or personal anecdotes, or discussions of whether collaborative law complies with ethics rules, …
The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir
The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir
Pepperdine Dispute Resolution Law Journal
The issue I shall discuss in this article is whether the concept of mediator neutrality advances the empowering and effective participation of parties from disadvantaged groups. Section II will deal with the relationship between the concept of neutrality in the adversarial legal process, in the mediation process, and the concept of procedural justice. I shall then present the meanings ascribed to the concept of mediator neutrality in the two prevailing models of mediation: the problem-solving model and the transformative model. The affinity between these meanings and the concept of judicial impartiality will be discussed and critiqued. Finally, I shall suggest …
The Truth Shall Set You Free: A Distinctively Christian Approach To Deception In The Negotiation Process, Al Sturgeon
The Truth Shall Set You Free: A Distinctively Christian Approach To Deception In The Negotiation Process, Al Sturgeon
Pepperdine Dispute Resolution Law Journal
This paper examines whether the Christian religion offers a distinct position on the use of deception in the negotiation process. It is expected to be of primary interest to Christian negotiators, but combining the popularly understood theorem that "everyone negotiates on some level" with the fact that there are over 173 million Christian adherents in the United States alone, the topic may be of general interest to anyone who negotiates. There is apparently neither an official nor a widespread recognition of a distinct Christian position on the use of deception in negotiation at present. It is this article's proposal, however, …
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon
William & Mary Law Review
No abstract provided.
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce
William & Mary Law Review
No abstract provided.
Lawyers As Citizens, Deborah L. Rhode
An Ethos Of Lying, Paul Butler
An Ethos Of Lying, Paul Butler
University of the District of Columbia Law Review
No abstract provided.
The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman
The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman
University of the District of Columbia Law Review
No abstract provided.
Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin
Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin
University of the District of Columbia Law Review
Should a lawyer protect her client's confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding "yes." 1 Until August 2003, the American Bar Association's (ABA's) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client's confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and investor losses prompted the ABA …
A Critique Of Burrow V. Arce, Charles Silver
A Critique Of Burrow V. Arce, Charles Silver
William & Mary Environmental Law and Policy Review
No abstract provided.
When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham
When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham
University of the District of Columbia Law Review
No abstract provided.
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green
Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997
An Essay On The Regulation Of The Legal Profession And The Future Of Lawyer's Characters, Patrick L. Baude
An Essay On The Regulation Of The Legal Profession And The Future Of Lawyer's Characters, Patrick L. Baude
Indiana Law Journal
No abstract provided.
An Attorney Is Not A Rolls-Royce: The Comprehensice Forfeiture Act Of 1984 And The Sixth Amendment Right To Effective Assistance Of Counsel After United States V. Monsanto, Karin Graham Horwatt
An Attorney Is Not A Rolls-Royce: The Comprehensice Forfeiture Act Of 1984 And The Sixth Amendment Right To Effective Assistance Of Counsel After United States V. Monsanto, Karin Graham Horwatt
William & Mary Bill of Rights Journal
No abstract provided.
Legal Ethics, By Henry S. Drinker, Verner F. Chaffin
Legal Ethics, By Henry S. Drinker, Verner F. Chaffin
Indiana Law Journal
No abstract provided.
Attorney And Client--Misdemeanor Of Withholding Client's Funds--Disbarment, W. F. Wunchel
Attorney And Client--Misdemeanor Of Withholding Client's Funds--Disbarment, W. F. Wunchel
West Virginia Law Review
No abstract provided.
Fiduciaries-Corporate And Lawyers, Julius Henry Cohen
Fiduciaries-Corporate And Lawyers, Julius Henry Cohen
Indiana Law Journal
An address delivered to the Indiana State Bar Association at Indianapolis, January 16, 1932.
A Lawyer Tells The Truth, By Morris Gisnet, Daniel James
A Lawyer Tells The Truth, By Morris Gisnet, Daniel James
Indiana Law Journal
No abstract provided.