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Full-Text Articles in Law
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
David Barnhizer
In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
David Barnhizer
The issue of how best to do a legal education is being approached as if it were an intellectual and pedagogical question. Of course in a conceptual sense it is. But from a political and human perspective (law faculty, deans and lawyers) it is a self-interested situation in terms of how does this affect me? The reality is that for law faculty and deans it is mainly a life style, status, economic benefit and political situation in which the various interests protected by the traditional faculty slot placeholders [as well as the non-traditional practice-oriented teachers) are being masked by self-serving …
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Cleveland State Law Review
This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Cleveland State Law Review
This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …