Law Commons^™

The Porous Boundary Between Legal And Business Advice, An Empirical Approach, Amy M. Ter Haar

Electronic Thesis and Dissertation Repository

This thesis asked whether corporate lawyers in both private practice and acting as in-house counsel differed in their attitudes toward distinguishing their professional obligations concerning the provision of “business” advice. This research establishes that these two groups of lawyers differ in their attitudes toward the provision of advice in two ways. In connection with providing business advice, in-house counsel more frequently a) feel that “murky lines” exist when distinguishing between legal and business advice and, b) look to ethics codes. This research reflects at its core an unresolved boundary between legal and business advice and provides a resolution to this …

Why Punctuation Matters: Part Three, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Addressing Twin Crises In The Law: Underserved Clients And Underemployed Lawyers, James R. Holbrook, Jonathan R. Hornok

Jonathan R. Hornok

The legal profession faces two unprecedented crises: underserved middle-class clients and underemployed lawyers: • Many poor, modest-means, and middle-class parties cannot afford to hire a lawyer. • Many recent law school graduates cannot find full-time employment as lawyers.

The Short History Of Arizona Legal Ethics, Keith Swisher

Keith Swisher

This Essay provides a history of Arizona legal ethics: its substance and procedure. A hundred years ago, legal ethics barely existed in Arizona. Fortunately, a century permits significant progress, as captured in this work. Following the lead of the ABA (among others), Arizona slowly but surely adopted a modernized system of ethical regulation. And today, Arizona shows increasing signs of autonomy in legal ethics. These signs can be seen in Arizona’s independent approach to lawyer screening, prosecutorial ethics, and inadvertent disclosure — to focus on just a few of many examples in this “short history.” In Part I of this …

"Practice Ready" Law Graduates, David Barnhizer

David Barnhizer

Whatever view one holds on the idea of “practice ready” law graduates in the abstract it seems clear that it does not and could not mean that a new graduate can be fully capable of providing high quality services across the board to clients unfortunate enough to be using the services of the neophyte lawyer. If that were the case I can hear a client’s conversation with the brand new lawyer in a complex corporate merger with numerous parties, millions of dollars at stake, estate and tax issues, patent rights and differing valuations for the deal. “How many of these …

In Search Of Racial Justice: The Role Of The Prosecutor, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article examines the role of prosecutors in establishing and maintaining racial disparities in the criminal justice system, and examines efforts of the Prosecution and Racial Justice Program of the Ve,:-a Institute of Justice to enact reform within prosecutors' offices. After providing an overview of the debate on causes of such racial disparities generally, the article examines how seemingly race neutral charging and plea-bargaining decisions by prosecutors can actually cause and perpetuate racial disparities. As a model for reforming such practices, the article evaluates and critiques the Prosecution and Racial Justice Program and makes recommendations for how this program can …

Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik Knutsen, Carla Crifo', Camille Cameron

Articles, Book Chapters, & Popular Press

This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …

Peel-Off Lawyers: Legal Professionals In India's Corporate Law Firm Sector, Jayanth K. Krishnan

Articles by Maurer Faculty

This study is about hierarchy within the legal profession – how it presents itself, how it is retained, and how it is combated. The socio-legal literature on this subject is rich, with many roots tracing back to Professor Marc Galanter’s famous early 1970s article on the ‘Haves’ and ‘Have-Nots.’ Galanter’s piece and the work of those influenced by him rightly suggest that resources – institutional, financial, and demographic – contribute to whether lawyers are, and remain as, part of the ‘Haves.’ Yet, while resources of course greatly matter, as this study will argue other forces are significant as well. One …

Reflections On Us Policies Regarding Effective Regulation And Discipline And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room, Laurel S. Terry

Faculty Scholarly Works

The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …

Transnational Legal Practice (United States), Laurel S. Terry

Faculty Scholarly Works

This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …

Transnational Legal Practice (International), Laurel S. Terry

Faculty Scholarly Works

This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …

The Benefits Of Mindfulness For Litigators, Jan Jacobowitz

Jan L Jacobowitz

“I am calling for an all-out revolution.” These words reverberated through the federal district courthouse in Miami in the spring of 2012, but there was no one calling for security. In fact, it was eerily quiet in the conference room in which the call for revolution was sounded. How can that be? Well, the audience was a group of well-regarded litigation counsel and judges and the revolutionary leader a prominent federal district court judge. The revolution: Mindfulness in law as a vehicle for restoring civility, decreasing stress, and enhancing the fundamental fabric of the legal community.

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson

Jan L Jacobowitz

Fidelity and confidentiality are hallmarks of the attorney-client relationship. However, as social media use permeates the legal profession, new challenges have arisen to the traditional interpretation of client confidentiality. The Virginia Supreme Court’s recent holding, which concludes that to deny attorney Horace Hunter the ability to blog about his clients’ cases without client consent, after the case concludes and based upon what is found in the public record, is to deny Hunter his First Amendment right of free speech has spurned controversy. The Hunter opinion arguably undermines the long standing legal ethics rule of confidentiality and strikes at the heart …

In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program, Thomas Stipanowich

Thomas J. Stipanowich

The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …

One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Keene

Sherri Keene

Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening one’s knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close work on legal writing …

It’S All About The People: Hierarchy, Networks, And Teaching Assistants In A Civil Procedure Classroom Community, Jennifer E. Spreng

Jennifer E Spreng

This article provides a blueprint for a “civic community in a law school classroom” that would better prepare many students for what is likely to be their professional future based on natural social hierarchy and network dynamics. It uses experiences from the author's own teaching career to illustrate hierarchy and network dynamics and how to use them to enrich the pedagogical and social experience of a first year course. It also roots those experiences in principles from social psychology, organizational behavior, transformative leadership and all levels of education literature.

Modern law school classrooms fall into two categories: the "polar model" …

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan

Erin Ryan