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Full-Text Articles in Law

Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle Jan 2017

Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle

Missouri Law Review

This Note traces the facts and holding of the case In re Krigel, before delving into the ABA’s influential role in legal ethics. Next, it outlines Missouri’s attorney discipline procedures and analyzes pertinent Missouri case law. Lastly, this Note critiques the majority opinion and argues that Krigel should have been disbarred


Law School Marketing And Legal Ethics, Ben L. Trachtenberg Jan 2013

Law School Marketing And Legal Ethics, Ben L. Trachtenberg

Faculty Publications

Law schools have misled prospective students for years about the value of legal education. In some cases, law school officials have engaged in outright deceit, knowingly spreading false information about their schools. More commonly, they have presented statistics — especially those concerning the employment outcomes of law graduates — in ways nearly guaranteed to confuse readers. These deceptions and sharp practices violate the norms of the legal profession, a profession that scrupulously regulates the advertising of legal services. The deceptions also violate ethical rules prohibiting lawyers from engaging in dishonesty, misrepresentation, and deceit. This article exposes how pitches aimed at …


Regulators, Mount Up, Ben L. Trachtenberg Jan 2013

Regulators, Mount Up, Ben L. Trachtenberg

Faculty Publications

Since I began circulating drafts of an article arguing that certain law school officials have exposed themselves to professional discipline by engaging in dishonest marketing tactics, responses have varied considerably. Everyone seems to agree, however, that law school officials should not lie in their pursuit of students. There also appears to be broad consensus that misleading (albeit not intentionally false) marketing—such as systematically skewed salary statistics—is an unfortunate phenomenon, although disagreement remains on just how serious a problem it is and what level of corrective effort is appropriate. In their recently-published response pieces, Kyle McEntee of Law School Transparency (“LST”) …


The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem Oct 2005

The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem

Faculty Publications

At some point in their deanships, most law school deans will host a sabbatical site inspection of their law school by the American Bar Association (ABA) and the Association of American Law Schools (AALS). Virtually all deans also will have the opportunity to serve as a representative of the ABA or AALS on a team inspecting another law school. In this article I will discuss these site visits from the dean's perspective.


Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel Jan 2000

Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel

Missouri Law Review

Historically, a doctrine has existed within the area of unauthorized practice of law regulation which holds that a corporation or other entity cannot be licensed to practice law and thus cannot legally practice law. Even if the entity hires as an employee an attorney duly licensed to render the service, the doctrine forbids the attomey from representing any party other than the employer because if the attorney were to represent a third party, the entity, a nonlawyer, would be representing the third party, and this would violate the rule that corporations may not practice law.2 The primary motivating rationale of …


Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman Jan 1990

Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman

Journal of Dispute Resolution

This Article questions the wisdom of the Model Rule's exceptions to honest dealings in negotiations on several grounds: (1) Proponents of the exceptions have not offered empirical evidence or professional justification for this approach; 16 (2) The approach will further tarnish the profession's image; (3) The approach will create a slippery slope that leads to unintended ethical violations; and (4) The approach will erode the high degree of trust, veracity and integrity required of lawyers as "officer[s] of the legal system."1 7 For these reasons, the Model Rule's exceptions to honesty in negotiations should be abolished by the ABA and …