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Articles 1 - 26 of 26

Full-Text Articles in Law

Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay Aug 2012

Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay Nov 2011

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Paul R. Tremblay

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …


Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay Nov 2011

Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay Nov 2011

Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay

Paul R. Tremblay

This Article is concerned with legal services lawyers and how they ethically might allocate their time and resources among their clients. Part I of this Article describes the institutional terrain of legal services practice and introduces the concept of the lawyer as street-level bureaucrat, operating within a complex, high demand human services bureaucracy. Part II discusses the problems inherent in attempts to ration care within a subsidized law practice. The purpose of Part II is to reveal the practice tensions that establishment professional ethics fail to accommodate, and that form an underlying justification for a discussion of triage principles. Part …


Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay Nov 2011

Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Forming Involuntary Client Relationships, Paul R. Tremblay Dec 2007

Forming Involuntary Client Relationships, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay Dec 2006

Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay Dec 2005

"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay

Paul R. Tremblay

This Article describes an alternative model for the process of legal counseling, a model applicable to a very common counseling experience ignored by the conventional Interviewing and Counseling texts—the experience of obtaining negotiating and settlement authority from a client. Counseling is, of course, a basic lawyering skill taught in law school clinics and in simulation courses. It is one of the most critical elements of good lawyering, and it is a skill which can be taught, and taught through the use of models. Every lawyering skills book available includes instruction about effective counseling. But when one reviews the available models …


Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski Oct 2005

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski Feb 2004

Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton Dec 2002

Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton

Paul R. Tremblay

No abstract provided.


Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer Dec 2002

Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer

Paul R. Tremblay

No abstract provided.


The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay Aug 2002

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Moral Activism Manqué, Paul R. Tremblay Dec 2001

Moral Activism Manqué, Paul R. Tremblay

Paul R. Tremblay

Symposium: The Ethics of Litigation


Researching Ethical Issues, Paul R. Tremblay Dec 2001

Researching Ethical Issues, Paul R. Tremblay

Paul R. Tremblay

2002 Supplement to vol. 2


Interviewing And Counseling Across Cultures: Heuristics And Biases, Paul R. Tremblay Dec 2001

Interviewing And Counseling Across Cultures: Heuristics And Biases, Paul R. Tremblay

Paul R. Tremblay

Increasingly in recent years, critics and commentators have noted the importance of the role of culture within the lawyering process. Lawyers now understand better than they used to that culture matters in their day to day work with clients, and that not all cultures share the same habits, customs, values, traditions and preferences. This article explores how the reality of cultural diversity might affect some fundamental lawyering practices and models, and specifically the models for interviewing and counseling. In their work, lawyers must take cultural background into consideration expressly, but at the same time they must avoid harmful and unfair …


Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay Dec 2001

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


The New Casuistry, Paul R. Tremblay Dec 1998

The New Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Coherence And Incoherence In Values-Talk, Paul R. Tremblay Dec 1997

Coherence And Incoherence In Values-Talk, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay Dec 1996

The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Practiced Moral Activism, Paul R. Tremblay Dec 1994

Practiced Moral Activism, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay Dec 1993

The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay

Paul R. Tremblay

The following essay is a work-in-progress. Professor Tremblay offers his unfinished ideas in this essay in an effort to invite reactions, criticisms, or research suggestions, all of which would aid him in refining his analysis of the subject. By presenting such works-in-progress, the Clinical Law Review seeks to provide a forum for sharing ideas and sparking debate.


Ratting, Paul R. Tremblay Dec 1992

Ratting, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Counseling Clients Who Weren't Born Yesterday: Age And The Attorney-Client Relationship, Paul R. Tremblay Dec 1992

Counseling Clients Who Weren't Born Yesterday: Age And The Attorney-Client Relationship, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


A Tragic View Of Poverty Law Practice, Paul R. Tremblay Dec 1991

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


On Persuasion And Paternalism: Lawyer Decisionmaking And The Questionably Competent Client, Paul R. Tremblay Dec 1986

On Persuasion And Paternalism: Lawyer Decisionmaking And The Questionably Competent Client, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.