Law Commons^™

Legal Ethics And The Constitution, Alan Dershowitz

Hofstra Law Review

No abstract provided.

Do Bar Association Ethics Committees Serve The Public Or The Profession? An Argument For Process Change, Hon. David G. Trager

Hofstra Law Review

No abstract provided.

Henry Lord Brougham And Zeal, Monroe H. Freedman

Hofstra Law Review

In a recent article, Professors Fred Zacharias and Bruce Green undertook to "reconceptualize" advocacy ethics. In the course of that article, they rejected the ethic of zeal, and stated erroneously that Henry Lord Brougham had himself repudiated his famous statement on zealous advocacy.

Inspired by Brougham almost two centuries ago, the "traditional aspiration" of zealous advocacy remains "the fundamental principle of the law of lawyering" and "the dominant standard of lawyerly excellence" among lawyers today. To paraphrase the ABA's 1908 Canons of Professional Ethics, the ethic of zeal requires that the lawyer give entire devotion to the interests of the …

The Corporate Lawyer And 'The Perjury Trilemma', Thomas D. Morgan

Hofstra Law Review

This paper extends Monroe Freedman's idea of the criminal lawyer's "perjury trilemma" to current issues faced by corporate lawyers dealing with perceived pressures on the attorney-client privilege. The duties of criminal defense and corporate lawyers are more similar than they often seem. Corporate lawyers' duties of honesty in dealing with third parties are closely analogous to criminal lawyers' duties of honesty in dealing with a court. Both sets of lawyers also have an important interest in fostering open communications with their clients. Where their situations differ is not with respect to lawyer obligations but with respect to their clients' rights. …

Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode

Hofstra Law Review

No abstract provided.

In Praise Of Overzealous Representation - Lying To Judges, Deceiving Third Parties, And Other Ethical Conduct, Monroe H. Freedman

Hofstra Law Review

Three ethical rules are both clear and highly desirable - MR 3.3(a)(1), which forbids a lawyer to make a false statement of fact to a tribunal; MR 4.1(a), which forbids a lawyer to make a false statement of material fact to a third person; and MR 8.4(c), which proscribes conductinvolving dishonesty, fraud, deceit, or misrepresentation.

Nevertheless, by considering the larger legal context of the lawyer's role, by understanding inconsistent ethical rules in the light of reason, and by applying insights of moral philosophy, this article concludes that there are circumstances in which a lawyer can ethically make a false statement …

Monroe Freedman's Solution To The Criminal Defense Lawyer's Trilemma Is Wrong As A Matter Of Policy And Constitutional Law, Stephen Gillers

Hofstra Law Review

No abstract provided.

Counseling Organizational Clients"Within The Bounds Of The Law", Roger C. Cramton

Hofstra Law Review

No abstract provided.

Secret Evidence Is Slowly Eroding The Adversary System: Cipa And Fisa In The Courts, Ellen Yaroshefsky

Hofstra Law Review

No abstract provided.

Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell

Hofstra Law Review

No abstract provided.

The Zeal Shortage, Anita Bernstein

Hofstra Law Review

Although the duty of zealous advocacy enjoys nominal approval in most state bar rules and the secondary literature, today the majority of writings about zeal in the practice of law present zeal in a negative light. Critics use this word to object to lawyers' dishonesty, hyperpartisanship, aggressive or confrontational work styles, rudeness, and disregard for the interests of adversaries, the courts, and the public. This article, part of a Hofstra University symposium, builds on the literature that praises zealous advocacy (much of it written by symposium honoree Monroe Freedman) to identify a shortage of zeal in American legal practice and …

Ethical Issues In Asbestos Litigation, Lester Brickman

Hofstra Law Review

Asbestos litigation has given rise to over 50,000,000 claims against 8400 former producers, distributors, installers and sellers of asbestos-containing products. To date, 850,000 claimants have sought compensation, costing businesses and insurance companies over $70 billion and resulting in more than 70 bankruptcies. Over 100,000 deaths are attributable to asbestos exposure with an additional 40,000 deaths anticipated over the next 30 years. Despite the significance of the ethical issues generated by the processes of acquiring, pressing and settling the most massive litigation in history, the legal literature is substantially devoid of any such discussion. One possible reason for this paucity of …

Accidental Clients, Susan R. Martyn

Hofstra Law Review

Most of the time, lawyers represent clients. But lawyers can be consulted and paid, but not serve as lawyers for clients, for example when they are sought out as friends, escrow agents, corporate officers or expert witnesses. The law governing lawyers recognizes the significance of the client-lawyer relationship by imposing fiduciary duties on lawyers who undertake a client representation. These duties, the "4 C's," include communication, competence, confidentiality, and conflict of interest resolution. A wide variety of legal remedies for breach of the 4 C's, including malpractice, fee forfeiture, disqualification, constructive trust, and professional discipline also belong primarily to clients. …

Symposium Remarks: Plea For The Next Great Wave Of Reform, Burnele V. Powell

Hofstra Law Review

No abstract provided.

Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie A. Gardina, Salvatore Ricciardone

Hofstra Law Review

Over the last 20 years, a rich body of literature has emerged to describe the increasingly complex system of lawyer regulation in the United States. This article studies the available data from the Code of Judicial Conduct and federal and state court opinions to glean a richer understanding of how judges construct their individual and institutional role in this web of attorney regulation. The picture that emerges from the reported decisions in both state and federal court is a desire to maintain the integrity of the judicial process and a concern for the efficiency and fairness in the proceeding before …

The Professional Obligation To Raise Frivolous Issues In Death Penalty Cases, Monroe H. Freedman

Hofstra Law Review

Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term "frivolous" is narrowed, even in civil cases, by the way it is defined and explained in the ethical …

Foreword: Conference On Legal Ethics: "What Needs Fixing?", Roy D. Simon

Hofstra Law Review

The remarkable collection of papers in this special issue of the Hofstra Law Review grew out of Hofstra University School of Law's third major ethics conference, which was held at Hofstra from September 9 to September 11, 2001. The papers are linked together by the broad theme expressed in the conference's title: Legal Ethics: What Needs Fixing?

n this Foreword, I want to do three simple things. First, I want to talk about how Hofstra put the ethics conference together. Second, I want to comment on the connections between some of the papers. Third, I want to say a few …

Forgeddabout Conflicts - If Citibar Has Its Way, We Can Have Just One Big Law Firm, Lawrence J. Fox

Hofstra Law Review

No abstract provided.

Lawyer Ethics Code Drafting In The Twenty-First Century, Nancy J. Moore

Hofstra Law Review

No abstract provided.

The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport

Hofstra Law Review

This article continues my earlier research on conflicts of interest in bankruptcy cases, particularly in chapter 11 cases. It suggests that conflicts in interest in chapter 11 bankruptcy cases should not be handled the same way that conflicts are handled under state ethics rules, and it proposes a new section of the Bankruptcy Code to cover conflicts of interest in cases filed under chapter 11.

Speak No Evil: Settlement Agreements Conditioned On Noncooperation Are Illegal And Unethical, Stephen Gillers

Hofstra Law Review

No abstract provided.

What Needs Fixing?: "So Obvious, And So Easily Done", Burnele V. Powell

Hofstra Law Review

No abstract provided.

Errors And Ethics: Dilemmas In Death, Penny J. White

Hofstra Law Review

No abstract provided.

In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen

Hofstra Law Review

No abstract provided.

All's O.K. Between Consenting Adults: Enlightened Rule On Privacy, Obscene Rule On Ethics, Lawrence J. Fox

Hofstra Law Review

No abstract provided.

Honoring Choice By Consenting Adults: Prospective Conflict Waivers As A Mature Solution To Ethical Gamesmanship--A Response To Mr. Fox, Jonathan J. Lerner

Hofstra Law Review

No abstract provided.

The Group Legal Plan Revolution: Bright Horizon Or Dark Future?, Brian Heid, Eitan Misulovin

Hofstra Labor & Employment Law Journal

No abstract provided.

The Right Of Attorneys To Unionize, Collectively Bargain, And Strike: Legal And Ethical Considerations*, Laura Midwood, Amy Vitacco

Hofstra Labor & Employment Law Journal

No abstract provided.

The New Law Firm Economy, Billable Hours, And Professional Responsibility, Douglas R. Richmond

Hofstra Law Review

No abstract provided.

Pragmatic Professionalism: An Exercise In Applied Ethics, Amy R. Mashburn

Journal of the Institute for the Study of Legal Ethics

No abstract provided.