Law Commons^™

The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, Llerena Robles, Jose Carlos

Faculty Scholarly Works

More than two hundred countriesin the world have agreed to abide by the anti-money laundering ("AML") recommendations developed by the Financial Action Task Force ("FATF"), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF's fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other's compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports. A number of these FATF Reports recommend changes that include requiring lawyers to report suspicious client …

Shades Of Liberalism: Lawyers And Social, Political And Legal Transformations In Nineteenth Century Cuba, Ricardo Pelegrin Taboada

FIU Electronic Theses and Dissertations

In 1819, Ferdinand VII ordered the creation of two Colegios de Abogados in Cuba to prevent the expansion of the number of legal professionals, as well as the unauthorized practice of law. The strategy, however, failed, and lawyers increasingly became a force of political and social change in the island, being mostly inspired by the debates about the implementation of liberal agendas in and out of Cuba. Some Colegios de Abogados eventually became centers of anti-Spanish conspiracy and lawyers even led recurrent uprisings for Cuban independence. Ideas of reform among Cuban lawyers, however, were diverse, and different interpretations of liberalism …

Nevertheless They Persisted: Gendered Frameworks And Socialization Advantages In Indian Professional Service Firms, Swethaa Ballakrishnen

Faculty Scholarship

This article uses the Indian case to offer further nuance to these narratives about the impact of global cultures on the gendered experience of professional work. I find that while gender certainly infiltrates all workspaces through the framework of a background identity, there remain occupational and organizational differences in the ways in which women experience their environments. Particularly, while Indian women lawyers overall are more disadvantaged in many ways than their international counterparts, women lawyers in very elite law firms do much better than both their local and global peers. A confluence of factors might be responsible for this unusual …

Self-Directedness And Professional Formation: Connecting Two Critical Concepts In Legal Education, Larry O. Natt Gantt Ii, Benjamin V. Madison Iii

University of St. Thomas Law Journal

No abstract provided.

Bringing Purposefulness To The American Law School's Support Of Professional Identity Formation, Louis D. Bilionis

University of St. Thomas Law Journal

No abstract provided.

Is There Sufficient Human Resource Capacity To Support Robust Professional Identity Formation Learning Outcomes?, Jerome M. Organ

University of St. Thomas Law Journal

No abstract provided.

Picturing Professionals: The Emergence Of A Lawyer's Identity, Barbara Glesner Fines

University of St. Thomas Law Journal

No abstract provided.

Practical Lessons Learned While Building A Required Course For Professional Identity Formation, Danny Dewalt

University of St. Thomas Law Journal

No abstract provided.

Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks

University of St. Thomas Law Journal

No abstract provided.

The Elusive "High Road" For Lawyers: Teaching Professional Responsibility In A Shifting Context, Bryant G. Garth

University of St. Thomas Law Journal

No abstract provided.

The Next Steps Of A Formation-Of-Student-Professional Identity Social Movement: Building Bridges Among The Three Key Stakeholders - Faculty And Staff, Students, And Legal Employers And Clients, Neil Hamilton

University of St. Thomas Law Journal

No abstract provided.

Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully

Dickinson Law Review (2017-Present)

In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students …

Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher

Dickinson Law Review (2017-Present)

This Article discusses a program implemented by the New York State Unified Court System in order to address the justice gap for unrepresented litigants. Part I of this Article discusses the process behind creating the New York Navigator’s Program (discussed in more detail Part II), a program designed to help non-lawyer “Navigators” to assist unrepresented litigants in a limited capacity when the litigants appear before different types of state courts. The Navigators must complete training before they are able to assist the litigants. This program has been well received, as Part IV discusses, and has helped more and more unrepresented …

The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers

Dickinson Law Review (2017-Present)

This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …

Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood

Dickinson Law Review (2017-Present)

Washington’s 2012 adoption of a Limited License Legal Technician (LLLT) rule has been a topic of great interest throughout the United States and elsewhere. This Article is co-written by Steve Crossland, who is the Chair of the Washington Supreme Court’s Limited License Legal Technician Board, which is responsible for implementing the rule, and Paula Littlewood, who is the Executive Director of the Washington State Bar Association, which is the unified bar association charged, inter alia, with lawyer and LLLT regulation. This Article builds on the authors’ previous articles about Washington’s LLLT program by providing previously unpublished information about the …

Utah’S Online Dispute Resolution Program, Deno Himonas

Dickinson Law Review (2017-Present)

This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”

This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …

The Settlement Problem In Public Interest Law, Susan Carle

Articles in Law Reviews & Other Academic Journals

Public interest lawyers, of many types and political persuasions, play a vital role in pursuing '"public justice." For public interest (as for all) lawyers, settlement provides an important means of resolving cases. Yet a persisting ambivalence about case settlement in public interest law contributes to the difficulties public interest practitioners face in sustaining themselves in practice. Indeed, public interest lawyers identify case settlement as posing some of the most vexing legal ethics problems they routinely confront.

The trouble often stems from the fact that, in public interest law where clients do not pay for legal services, the economic incentives that …

The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy

Dickinson Law Review (2017-Present)

This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …

A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings

Articles in Law Reviews & Other Academic Journals

This essay takes a new look at legal ethics issues salient to "movement lawyers" who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement lawyers work in collaboration with mobilized social movement groups, though not always in traditional lawyer-client relationships. As this analysis reveals, contemporary movements employ a sophisticated array of strategies, which may pull lawyers away from traditional representation paradigms. We argue that the legal ethics literature on movement lawyering must …

The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède

Articles in Law Reviews & Other Academic Journals

This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these …

Ethics And The History Of Social Movement Lawyering, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman

Dickinson Law Review (2017-Present)

No abstract provided.

Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

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 …

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.

College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler

Dickinson Law Review (2017-Present)

No abstract provided.

Money Didn’T Buy Happiness, Lawrence J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

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 …

Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli

Dickinson Law Review (2017-Present)

No abstract provided.