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Articles 1 - 5 of 5
Full-Text Articles in Law
Investigative Deceit, Kevin C. Mcmunigal
Investigative Deceit, Kevin C. Mcmunigal
Faculty Publications
Is it ever ethical for a lawyer to ask or assist another person to lie on behalf of a client? Despite ethical rules categorically banning both personal and vicarious deceit, prosecutors routinely supervise police officers and informants who use deceit in investigating drug and sex offenses, organized crime, and terrorism. May defense lawyers make use of investigative deceit in criminal investigations? In this Essay, the Author examines this issue, the ethical rules bearing on it, and the recent trend in a number of jurisdictions allowing the use of investigative deceit by the defense. Drawing on his participation in a series …
Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal
Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column discusses what a defense lawyer should do when called upon to reveal client information in response to an ineffective assistance of counsel claim.
Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal
Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.
The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal
The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column questions the practices of labeling attorney copying, even without acknowledgement, as plagiarism, and treating it as a per se ethics violation. Instead, the column argues that analysis of copying in the litigation context should focus directly on the quality of the filing at issue and the competence and diligence of the lawyer who prepared it.
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande
Faculty Publications
Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …