Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (34)
- Litigation (26)
- Legal Profession (24)
- Business Organizations Law (6)
- Law and Society (6)
-
- Legal Writing and Research (5)
- Legal Education (4)
- Conflict of Laws (2)
- Labor and Employment Law (2)
- Law and Politics (2)
- Organizations Law (2)
- Comparative and Foreign Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Courts (1)
- Criminal Law (1)
- Dispute Resolution and Arbitration (1)
- Family Law (1)
- Government Contracts (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Nonprofit Organizations Law (1)
- Public Law and Legal Theory (1)
- Social Welfare Law (1)
- Keyword
-
- Professional Ethics (18)
- Legal Practice (4)
- Attorney-Client Relationship (3)
- Professional ethics (3)
- Law of lawyering (2)
-
- Legal counseling (2)
- Legal services lawyers (2)
- Poverty Law (2)
- Professional responsibility (2)
- Transactional Practice (2)
- Client-centeredness (1)
- Clinical Legal Education (1)
- Collaboration (1)
- Community groups (1)
- Community lawyers (1)
- Confidentiality (1)
- Conflict of interest (1)
- Counseling models (1)
- Cross-disciplinary practice (1)
- Dispute resolution (1)
- Ethics (1)
- Group clients (1)
- Guardians (1)
- Health Law and Policy (1)
- Helping professions (1)
- Human service bureaucracy (1)
- Interdisciplinary law practice (1)
- Interest on Lawyer Trust Account (1)
- Joint clients (1)
- Lateral hires (1)
Articles 1 - 30 of 36
Full-Text Articles in Law
The Emergence And Influence Of Transactional Practice Within Clinical Scholarship, Paul R. Tremblay
The Emergence And Influence Of Transactional Practice Within Clinical Scholarship, Paul R. Tremblay
Paul R. Tremblay
This essay, in honor of the twenty-fifth anniversary of the founding of the Clinical Law Review, reflects on the gradual emergence, and the limited influence, of transactional practice within clinical scholarship as reflected by writing in the Clinical Law Review since 1994. The essay offers three observations. First, a review of the fifty or so published issues of the journal demonstrates that writing about transactional practice has increased demonstrably between 1994 and 2019. Second, that development notwithstanding, it appears that when writers, even in recent years, write about lawyering in some generalizable fashion, the examples that appear in those works …
Case Study 3: Movement Lawyers And Community Organizers In Litigation: Issues Of Finances And Collaboration, Paul R. Tremblay, Baher Azmy
Case Study 3: Movement Lawyers And Community Organizers In Litigation: Issues Of Finances And Collaboration, Paul R. Tremblay, Baher Azmy
Paul R. Tremblay
This essay represents one of several Case Studies published as the Movement Lawyering Roundtable Symposium by Hofstra Law Review. The Case Studies were developed within a roundtable of movement lawyers, community organizers, and legal ethics experts convened in March, 2018 by the Monroe H. Freedman Institute for the Study of Legal Ethics at Hofstra University’s Maurice A. Deane School of Law. This Case Study addresses the ethical tensions encountered by movement lawyers and community organizers engaged in public interest litigation. The Study consists of three topics, with resulting ethics analyses of the issues that arise in the differing settings. …
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R Tremblay
At Your Service: Lawyer Discretion To Assist Clients In Unlawful Conduct, Paul R Tremblay
Paul R. Tremblay
The common, shared vision of lawyers’ ethics holds that lawyers ought not collaborate with clients in wrongdoing. Ethics scholars caution that lawyers “may not participate in or assist illegal conduct,” or “giv[e] legal services to clients who are going to engage in unlawful behavior with the attorney as their accomplice.” That sentiment resonates comfortably with the profession’s commitment to honor legal obligations and duties, and to fidelity to the law.
The problem with that sentiment, this Article shows, is that it is not an accurate statement of the prevailing substantive law. The American Bar Association’s model standards governing lawyers prohibit …
The Ethics Of Representing Founders, Paul R Tremblay
The Ethics Of Representing Founders, Paul R Tremblay
Paul R. Tremblay
Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.
A lawyer working with a …
Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay
Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay
Paul R. Tremblay
In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald Lopez disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply Lopez’s critiques to the work of those practitioners. I argue here that transactional legal services, or TLS, on behalf of subordinated clients achieves …
Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay
Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Paul R. Tremblay
Lawyers often leave a practice setting and move to a new practice as their career paths advance or change. The incidence of lawyer migration has increased dramatically in the past decade, as law firms recruit more lateral hires and offer fewer partnership opportunities to their associates. As a lawyer prepares to change employment settings, her prospective new law firm asks her about the clients she has represented in the past. The new law firm must insist on this information, for without it the firm could not screen for possible conflicts of interest. Were the firm to hire a lawyer without …
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay
Paul R. Tremblay
This Article explores the professional responsibilities of progressive lawyers representing the poor and disadvantaged. The author argues that lawyers representing the poor are generally good, energetic lawyers committed to social justice and lessening the pain of poverty. Subsequently, the defects found in poverty lawyering are structural, institutional, political, economic, and ethical. Therefore, the author posits that the mission of teachers and practitioners should be to develop practice patterns and proposals that account for the street-level experiences of legal services lawyers on the front lines. By examining the notions of rebellious and regnant lawyering, the author seeks to illuminate how these …
Public Health Legal Services: A New Vision, David I. Schulman, Ellen Lawton, Paul R. Tremblay, Randye Retkin, Megan Sandel
Public Health Legal Services: A New Vision, David I. Schulman, Ellen Lawton, Paul R. Tremblay, Randye Retkin, Megan Sandel
Paul R. Tremblay
In recent years, the medical profession has begun to collaborate more and more with lawyers in order to accomplish important health objectives for patients. That collaboration invites a revisioning of legal services delivery models and of public health constructs, leading to a concept we develop in this article, and call "public health legal services." The phrase encompasses those legal services provided by non-government attorneys to low-income persons the outcomes of which when evaluated in the aggregate using traditional public health measures advance the public's health. This conception of public health legal services has emerged most prominently from innovative developments in …
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay
Paul R. Tremblay
In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …
Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay
Shadow Lawyering: Nonlawyer Practice Within Law Firms, Paul R. Tremblay
Paul R. Tremblay
Lawyers commonly associate with nonlawyers to assist in their performance of lawyering tasks. A lawyer cannot know with confidence, though, whether the delegation of some tasks to a nonlawyer colleague might result in her assisting in the unauthorized practice of law, because the state of the law and the commentary about nonlawyer practice is so confused and incoherent. Some respected authority within the profession tells the lawyer that she may only delegate preparatory matters and must prohibit the nonlawyer from discussing legal matters with clients, or negotiating on behalf of clients. Other authority suggests that the lawyer may delegate a …
Counseling Community Groups, Paul R. Tremblay
Counseling Community Groups, Paul R. Tremblay
Paul R. Tremblay
The training of lawyers for years has established ethical and practice protocols based upon an individual representation model, or, if the protocols contemplated a form of collective representation, they have envisioned formal, structured entities with powerful constituents. The good lawyers who represent the dispossessed, the exploited, and the powerless need to craft different protocols, ones which accept messier, less organized, and often contentious group representation. Writing about the ethical and political mission of “community lawyers” has flourished, but that scholarship has tended to elide some knotty practical questions about the lawyers’ professional responsibilities in their work with such groups. This …
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay
Toward A Community-Based Ethic For Legal Services Practice, Paul R. Tremblay
Paul R. Tremblay
This Article is concerned with legal services lawyers and how they ethically might allocate their time and resources among their clients. Part I of this Article describes the institutional terrain of legal services practice and introduces the concept of the lawyer as street-level bureaucrat, operating within a complex, high demand human services bureaucracy. Part II discusses the problems inherent in attempts to ration care within a subsidized law practice. The purpose of Part II is to reveal the practice tensions that establishment professional ethics fail to accommodate, and that form an underlying justification for a discussion of triage principles. Part …
Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay
Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Forming Involuntary Client Relationships, Paul R. Tremblay
Forming Involuntary Client Relationships, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay
Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay
"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay
Paul R. Tremblay
This Article describes an alternative model for the process of legal counseling, a model applicable to a very common counseling experience ignored by the conventional Interviewing and Counseling texts—the experience of obtaining negotiating and settlement authority from a client. Counseling is, of course, a basic lawyering skill taught in law school clinics and in simulation courses. It is one of the most critical elements of good lawyering, and it is a skill which can be taught, and taught through the use of models. Every lawyering skills book available includes instruction about effective counseling. But when one reviews the available models …
Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski
Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski
Paul R. Tremblay
No abstract provided.
Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski
Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski
Paul R. Tremblay
No abstract provided.
Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton
Commentary: The Lawyer Is In: Why Some Doctors Are Prescribing Legal Remedies For Their Patients, And How The Legal Profession Can Support This Effort, Paul R. Tremblay, Pamela Tames, Thuy Wagner, Ellen Lawton
Paul R. Tremblay
No abstract provided.
Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer
Symposium: Client Counseling And Moral Responsibility, Paul R. Tremblay, Robert F. Cochran Jr., Deborah L. Rhode, Thomas L. Shafer
Paul R. Tremblay
No abstract provided.
The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay
The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
Moral Activism Manqué, Paul R. Tremblay
Moral Activism Manqué, Paul R. Tremblay
Paul R. Tremblay
Symposium: The Ethics of Litigation
Researching Ethical Issues, Paul R. Tremblay
Researching Ethical Issues, Paul R. Tremblay
Paul R. Tremblay
2002 Supplement to vol. 2
Interviewing And Counseling Across Cultures: Heuristics And Biases, Paul R. Tremblay
Interviewing And Counseling Across Cultures: Heuristics And Biases, Paul R. Tremblay
Paul R. Tremblay
Increasingly in recent years, critics and commentators have noted the importance of the role of culture within the lawyering process. Lawyers now understand better than they used to that culture matters in their day to day work with clients, and that not all cultures share the same habits, customs, values, traditions and preferences. This article explores how the reality of cultural diversity might affect some fundamental lawyering practices and models, and specifically the models for interviewing and counseling. In their work, lawyers must take cultural background into consideration expressly, but at the same time they must avoid harmful and unfair …
Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay
Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
The New Casuistry, Paul R. Tremblay
Coherence And Incoherence In Values-Talk, Paul R. Tremblay
Coherence And Incoherence In Values-Talk, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.
The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay
The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.