Law Commons^™

Lawyer Discipline In An Authoritarian Regime: Empirical Insights From Zhejiang Province, China, Judith A. Mcmorrow, Benjamin Van Rooij, Sida Liu

Judith A. McMorrow

On paper the state-run lawyer disciplinary system in China serves multiple interests: client protection, maintaining the reputation of the legal profession, upholding the rule of law, and safeguarding the party-state authority. This Article assesses which of these interests dominates in the lawyer disciplinary process by analyzing 122 published lawyer discipline cases from Zhejiang Province from 2007-2015. These records of lawyer discipline evidence an authoritarian political logic of attorney discipline, with punishment most clearly serving to safeguard the Communist Party's rule by keeping lawyers in bounds and tightly tied to their law firms. Subordinate to this are other state interests such …

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Judith A. McMorrow

The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis …

Uk Alternative Business Structures For Legal Practice: Emerging Models And Lessons For The Us, Judith A. Mcmorrow

Judith A. McMorrow

Alternative Business Structure (ABS) law firms in the United Kingdom allow for non-lawyer owners and investors. This Article analyzes several new U.K. ABS law firms and offers an optimistic assessment of the benefits of these new firm models. ABS firms have created systems that improve legal services for the target clients and have mitigated the negative aspects of lawyer-centric thinking that pervades many traditional firms. ABS firm structure has provided access to capital to allow for investment in employee development and creative use of technology. The ABS form has brought some unregulated activities under the control of regulators and created …

Globalization Of Lawyers, Judith Mcmorrow

Judith A. McMorrow

Panelist, The Future Of Law, Judith Mcmorrow

Judith A. McMorrow

Us Judicial And Legal Profession: Roles And Regulation, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

The Changing Role Of Lawyers In American Society, Judith Mcmorrow

Judith A. McMorrow

Civility And Professionalism At The Bar: The Heritage And Challenge Today, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Panelist: Faith & Professional Ethics, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Law Professors Of The Future: A New Balance Of Teaching, Scholarship And Service?, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

In Defense Of The Business Of Law, Judith Mcmorrow

Judith A. McMorrow

This article focuses on three current professionalism challenges in the U.S. legal profession: (i) the problem of neglect, poor client communication, and poor management of client funds; (ii) the need to improve the ethical infrastructures in practice settings to enhance both routine practice and ethical decision-making when lawyers confront ethical challenges; and (iii) the challenge of providing legal services to the poor and working class. For each, it turns out that improving adherence to core values requires not just training lawyers to internalize a model of professionalism, and a continuing commitment to self-regulation in some form, but also implementing improved …

Interactive Teaching Methods Workshop, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Teaching Legal Ethics In China, Judith Mcmorrow

Judith A. McMorrow

Both legal education and the legal services sector is growing rapidly in China, putting increasing need on exploring the role of legal ethics education in this process. This ABA Rule of Law sponsored conference at China University of Political Science and Law drew together leaders on legal ethics education to explore ways to better understand and improve the teaching and scholarship in this field.

Civility: Multi-Tiered Strategies For Litigation Ethics, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Ethical Issues In Labor Arbitration, Judith Mcmorrow

Judith A. McMorrow

This 90 minute presentation was designed to serve as Continuing Legal Education program for lawyers in the New England area. The written materials included a prior publication (Advocate as Witness).

Lawyer Discipline In China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

In Defense Of The Business Of Law, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Conference Chair & Introductory Remarks, Aba Professional Responsibility Conference, Judith Mcmorrow

Judith A. McMorrow

I was chair of the Planning Committee for this conference, which draws about 400 scholars, regulators and practitioners. My brief opening remarks set the stage for the opening panel which I had organized on Watergate: 40 Years and Not Yet History (John Dean, White House Counsel under Pres. Nixon, Beth Nolan, White House Counsel under Pres. Clinton, Richard Painter, Asst White House Counsel for Ethics under George G.W. Bush).

Global Lawyering And Legal Education, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

In Defense Of The Business Of Law, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Judith A. McMorrow

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …

Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow

Judith A. McMorrow

Lawyers in U.S. culture are often presented in either an extremely positive or extremely negative light. Although popular culture exaggerates and oversimplifies the 'good v. bad' dynamic of lawyers, this dichotomy provides important insights into the role attorneys play in the U.S. legal system, the boundaries of legal ethics, and the extent to which the U.S. legal system is relied upon to address our society's great moral and social dilemmas.

The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

Judith A. McMorrow

In his 1994 seminal article on Federalizing Legal Ethics, Prof. Fred Zacharias examined the need for a national and uniform code of ethics for attorneys. Prof. Zacharias was correct that there has been increasing pressure to federalize legal ethics, but that process is occurring not through articulation of national norms but rather through decentralized contextualization of attorney conduct norms. Federal agencies that direct securities practice, immigration, tax, patent, labor and many other areas of federal practice are increasingly supplementing state regulations to specifically regulate the attorneys who appear before their agencies. Targeted substantive federal law and treaty obligations also increasingly …

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Judith A. McMorrow

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …

Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow

Judith A. McMorrow

The rapidly expanding Chinese legal profession provides an extraordinary opportunity for the U.S. legal profession to test U.S. assumptions about legal ethics. This essay examines challenges facing Chinese legal education and the Chinese legal profession as it develops norms of legal ethics. This essay examines this process from the law school and law student’s perspective about legal ethics, and then briefly explores the effort to create norms of attorney conduct from a top-down perspective. Both a bottom-up and top-down view show the tremendous challenges facing the emerging Chinese legal culture in building a coherent model of lawyering that can serve …

The Advocate As Witness: Understanding Context, Culture And Client, Judith A. Mcmorrow

Judith A. McMorrow

No abstract provided.

The Moral Responsibility Of The Corporate Lawyer, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow

Judith A. McMorrow

The Chinese legal profession has grown rapidly in the last 30 years. This talk discussed the challenge of creating norms of attorney conduct (legal ethics) in a fragile and young legal system. The second part of the talk used ongoing research on the formation of professional identity.

Lessons From China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.