Law Commons^™

The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn

Dalhousie Law Journal

The question of whether Canadian lawyers ought to be trusted to govern themselves has been repeatedly raised by the public, policy-makers and the academy over the past several decades. The legal profession has responded on a number of fronts, adopting what has been characterized as a "regime of defensive self-regulation." The analysis in this article complements and complicates this account by arguing that, alongside the profession's efforts at defensive self-regulation, there has been a steady stream of aggressive judicial regulation. The central argument of this article is two-fold: first, that courts have come to occupy an increasingly active role as …

The Role Of The Attorney And The Attorney Client Relationship: The Keys To Improved Public Perception Of Attorneys And The Lexus, Jeanne Marie Zokovitch Paben

Tennessee Journal of Law and Policy

It is a pivotal time for the legal profession. Economic challenges are making it harder and harder for the historical law firm to survive. According to the National Law Journal's annual survey, "the 250 biggest firms ... shed more than 9,500 lawyers in 2009 and 2010, nearly 8% of the total [lawyers at those firms]." This represents the largest multiyear decline in the thirty-four years the National Law Journal has conducted this survey.

These same challenges are making it harder for law graduates to get "typical" law jobs. The job statistics for recent law school graduates have not been good. …

Chinese Ritual And The Practice Of Law, Mary Szto

Touro Law Review

While there is much literature about the contemporary practice of law in China, almost no articles discuss the rituals involved. This article describes five common Chinese rituals in the contemporary practice of law: drinking tea, banqueting, drinking alcohol, napping, and karaoke. These rituals are traced to their ancient origins in ancestor worship, traditional Chinese medicine, and Confucian, Daoist, and Buddhist thought. Then they are explicated for their contemporary meaning. Properly observed, these rituals promote just governance, harmony, balance, and physical and spiritual wholeness. They should be celebrated and practiced without excess.

Relationships Are King, Arnie Herz

Touro Law Review

No abstract provided.

Protecting The Profession Or The Public? Rethinking Unauthorized-Practice Enforcement, Deborah L. Rhode, Lucy Buford Ricca

Fordham Law Review

No abstract provided.

Hemispheres Apart, A Profession Connected, Dana Remus

Fordham Law Review

No abstract provided.

Access To Justice Requires Access To Attorneys: Restrictions On The Practice Of Law Serve A Societal Purpose, Lisa H. Nicholson

Fordham Law Review

No abstract provided.

Anyone Can “Think Like A Lawyer”: How The Lawyers’ Monopoly On Legal Understanding Undermines Democracy And The Rule Of Law In The United States, Bridgette Dunlap

Fordham Law Review

No abstract provided.

Globalization And The Monopoly Of Aba-Approved Law Schools: Missed Opportunities Or Dodged Bullets?, Carole Silver

Fordham Law Review

No abstract provided.

What Do We Talk About When We Talk About Control?, Anthony J. Sebok

Fordham Law Review

No abstract provided.

Compliance And Claim Funding: Testing The Borders Of Lawyers’ Monopoly And The Unauthorized Practice Of Law, Michele Destefano

Fordham Law Review

No abstract provided.

The Future Of Big Law: Alternative Legal Service Providers To Corporate Clients, John S. Dzienkowski

Fordham Law Review

No abstract provided.

The Great Disruption: How Machine Intelligence Will Transform The Role Of Lawyers In The Delivery Of Legal Services, John O. Mcginnis, Russell G. Pearce

Fordham Law Review

No abstract provided.

The Legal Profession’S Monopoly: Failing To Protect Consumers, Laurel A. Rigertas

Fordham Law Review

No abstract provided.

Foreword: The Profession’S Monopoly And Its Core Values, W. Bradley Wendel

Fordham Law Review

No abstract provided.

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin

Fordham Law Review

No abstract provided.

Cracks In The Profession’S Monopoly Armor, Jack P. Sahl

Fordham Law Review

No abstract provided.

Overstepping Ethical Boundaries? Limitations On State Efforts To Provide Access To Justice In Family Courts, Jessica Dixon Weaver

Fordham Law Review

Family law courts in America are overwhelmed with self-represented parties who try their best to navigate an unfamiliar territory laden with procedural and evidentiary rules. Efforts to level the playing field in these courts have resulted in state entities and judges taking on roles that previously belonged to attorneys. State supreme court judges and state agencies draft and promulgate family law forms, such as divorce pleadings and paternity acknowledgments, to provide poor citizens access to justice. While these efforts have resulted in positive outcomes for some families, reliance on the state’s imprimatur has caused significant harm to others. Upon closer …

Legal Information, The Consumer Law Market, And The First Amendment, Renee Newman Knake

Fordham Law Review

No abstract provided.

The Lawyer’S Monopoly—What Goes And What Stays, Benjamin H. Barton

Fordham Law Review

We live in a time of unprecedented changes for American lawyers, probably the greatest changes since the Great Depression. That period saw the creation of the lawyer’s monopoly through a series of regulatory modifications. Will we see the same following the Great Recession? Formally, no. This Article predicts that formal lawyer regulation in 2023 will look remarkably similar to lawyer regulation in 2013. This is because lawyer regulators will not want to rock the boat in the profession or in law schools during a time of roil.

Informally, yes! We are already seeing a combination of computerization, outsourcing, and nonlawyer …

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

University of Arkansas at Little Rock Law Review

No abstract provided.

Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin

University of Arkansas at Little Rock Law Review

No abstract provided.

The Chicken Or The Egg? Public Service Orientation And Lawyer Well-Being, Melissa H. Weresh

University of Arkansas at Little Rock Law Review

No abstract provided.

Cat, Cause, And Kant, Richard J. Peltz-Steele

University of Massachusetts Law Review

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.

The Case For Forgiveness In Legal Disputes, Eileen Barker

Pepperdine Dispute Resolution Law Journal

The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.

Mindful Ethics-A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott Rogers

St. Mary's Journal on Legal Malpractice & Ethics

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation—an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation’s Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …

Putting The Legal Profession’S Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry

Fordham Law Review

When considering the proper scope of the U.S. legal profession’s monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know—and do not know—about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledge on this topic is relatively undeveloped, that the scope of the U.S. legal profession’s monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the “conventional wisdom” may …