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Full-Text Articles in Law
Escaping From Lawyers' Prison Of Fear, John Lande
Escaping From Lawyers' Prison Of Fear, John Lande
Faculty Publications
Lawyers regularly experience numerous fears endemic to their work. This is not surprising considering that lawyers generally operate in environments that frequently stimulate many fears. Lawyers’ fears can lead them to enhance their performance due to increased preparation and effective “thinking on their feet.” Fear is problematic when it is out of proportion to actual threats, is expressed inappropriately, or is chronically unaddressed effectively. It can lead to sub-optimal and counterproductive performance through paralysis, ritualized behavior, or inappropriate aggression. Some lawyers’ fears unnecessarily prevent them from performing well, producing good results for clients, earning more income, and experiencing greater satisfaction …
Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington
Law And The Wisconsin Idea, Erika Lietzan, Paul D. Carrington
Faculty Publications
We recall a summer of contentment when American law was suffused with optimism, a season ending a long winter of despair and disorder. For the first fifteen years of this century, many (and perhaps most) American lawyers were filled with confidence that America had healed the wounds of civil war and was healing those of class struggle. We could, and we would, overcome all obstacles to peace and prosperity, not only for our people but for all mankind. This, it was widely believed, would be our century. As early as 1879 Daniel Coit Gilman, the premier educator of his time, …
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
Faculty Publications
The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff
Faculty Publications
This article examines a difficult question in the representation of mentally impaired criminal defendants: should counsel be obligated to inform the court of doubts about a client's competency to stand trial even though doing so may be contrary to the client's wishes or best interests? Professor Rodney J. Uphoff analyzes authorities that impose such an obligation on defense lawyers, including an American Bar Association Criminal Justice Standard and a recent decision of the Wisconsin Supreme Court, State v. Johnson. Uphoff concludes that these authorities needlessly undercut the mentally impaired defendant's right to zealous representation. He proposes an alternative ethical model …