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Full-Text Articles in Law
Toward More Robust Self-Regulation Within The Legal Profession, Veronica Root Martinez, Caitlin-Jean Juricic
Toward More Robust Self-Regulation Within The Legal Profession, Veronica Root Martinez, Caitlin-Jean Juricic
Faculty Scholarship
The Trump Administration left reverberations throughout American life, and the legal profession was not insulated from its impact. The conduct of lawyers—both public and private—working on behalf of former President Trump was the subject of constant conversation and critique. The reality, however, is that the questions regarding the conduct of the Trump Administration lawyers, are rooted, in part, in more fundamental questions about the appropriate role of the lawyer within society. This Essay advocates for the adoption of a self-regulation scheme whereby lawyers regulate and oversee the conduct of other lawyers, to ensure that members of the legal profession are …
Three Models Of Adjudicative Representation, Margaret H. Lemos
Three Models Of Adjudicative Representation, Margaret H. Lemos
Faculty Scholarship
No abstract provided.
The Essential Monroe Freedman, In Four Works, Michael E. Tigar
The Essential Monroe Freedman, In Four Works, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Promise Of Client-Centered Professional Norms, Kate Kruse
The Promise Of Client-Centered Professional Norms, Kate Kruse
Faculty Scholarship
In this year’s Saltman Lecture, Jennifer Gerarda Brown and Liana G.T. Wolf argue that restorative justice models have much to offer a broken attorney disciplinary system. While their specific proposals are problematic for reasons discussed more fully in this article, there is considerable merit to the authors’ larger point that the lawyer disciplinary system could benefit from incorporating a greater level of client participation. The authors point to a number of the benefits of a more client-participatory attorney disciplinary system, including the opportunity for lawyers to better appreciate the consequences of their misconduct, the opportunity to focus on repairing the …
Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Kate Kruse
Engaged Client-Centered Representation And The Moral Foundations Of The Lawyer-Client Relationship, Kate Kruse
Faculty Scholarship
The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality and justice. Unfortunately, the field of theoretical legal ethics has mostly lost track of the thing at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. The field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. This paper, which was delivered at Hofstra Law School as the Lichtenstein Distinguished Professor …
Beyond Cardboard Clients In Legal Ethics, Kate Kruse
Beyond Cardboard Clients In Legal Ethics, Kate Kruse
Faculty Scholarship
This Article argues that the construction of cardboard clients in legal ethics has disserved legal ethics by obscuring what is arguably a more central problem of legal professionalism: the problem of legal objectification. The problem of legal objectification is the tendency of lawyers to "issue-spot" their clients as they would the facts on a blue-book exam, overemphasizing the clients' legal interests and minimizing or ignoring the other cares, commitments, relationships, reputations and values that constitute the objectives clients bring to legal representation. This Article proposes an alternative ideal of legal professionalism for "three-dimensional clients" based on helping clients articulate and …
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.
The Human Dignity Of Clients, Kate Kruse
The Human Dignity Of Clients, Kate Kruse
Faculty Scholarship
This essay reviews David Luban's forthcoming book, Legal Ethics and Human Dignity. At the heart of this new book is an argument that interactions between lawyers and clients ought to be at the center of jurisprudential inquiry. Pointing out that most cases do not go to trial and that much transactional work occurs outside the litigation context, he argues that law's defining moments occur when a "client sketches out a problem and a lawyer tenders advice," rather than when a judge decides a litigant's case. This review essay examines how Luban might elaborate a new "jurisprudence of lawyering" by examining …