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Foreword: Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Foreword: Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Susan S. Fortney
In 1991 Professor Ted Schneyer wrote a seminal article calling for discipline of law firms. In that article, he used the term “ethical infrastructure” to refer to a law firm’s organization, policies, and operating procedures that cut across particular lawyers and tasks. In questioning how lawyer regulation focuses on the conduct of individual lawyers, he described the dynamics of practice and how various ethical breaches stem from organizational concerns that relate to lawyering in groups. Increasingly, legislators and regulators, as well as bar and firm leaders, have recognized the role of ethical infrastructure and culture in influencing lawyer conduct. Scholars, …
Taking Empirical Research Seriously, Susan Saab Fortney
Taking Empirical Research Seriously, Susan Saab Fortney
Susan S. Fortney
This essay considers how empirical research on the legal profession can bridge the divide between theory, social science, and the ethical practice of law. After providing background information on the growing field of empirical legal research, Part I of this essay focuses on developments in empirical legal research on lawyering. Part II discusses how collaboration with practitioners and other stakeholders can help researchers address challenges related to accessing data. Once data are obtained, Part III suggests how dissemination and sharing of research can link the academy and practicing lawyers. The conclusion urges a collaborative course of action for legal ethics …