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Full-Text Articles in Law
Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer
Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer
Law Faculty Articles and Essays
It is time to abandon the pretense of "legal ethics" as an independent lawyer-run system and to design a civil liability system in which lawyers can be held accountable to wronged clients at reasonable costs with ready access and fair modes of proof. To the extent that the system of ethics actually caused lawyers to act "ethically" (which is a major and largely unsupportable supposition), the competitive dynamics of the legal profession, coupled with the significant decline in values, honesty, and accountability in American society, have rendered even that historically suspect system illegitimate. This does not mean that there are …
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Cleveland State Law Review
United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.
Group Representation By Attorneys As Misconduct, Richard M. Markus
Group Representation By Attorneys As Misconduct, Richard M. Markus
Cleveland State Law Review
This article is intended to consider the future of group retainers in light of the conflicting views of proponents and opponents. Attention will first be given to the "Canons of Professional Ethics" which affect this subject and the judicial decisions interpreting them. Next, an attempt will be made to evaluate the effect of the Supreme Court Brotherhood case, and other related decisions, upon the Canons. Finally, an effort will be made to anticipate the prospects of group legal service with a view towards implementing or modifying present standards.