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Articles 1 - 30 of 75
Full-Text Articles in Law
Professional Responsibility, James M. Mccauley
Professional Responsibility, James M. Mccauley
University of Richmond Law Review
No abstract provided.
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Ethical Duties To Prospective Clients Who Send Unsolicited Emails, Nicole Lindquist
Washington Journal of Law, Technology & Arts
Recent Iowa and Massachusetts ethics opinions declared that an attorney may owe ethical obligations to prospective clients who send the attorney just a single email regarding legal assistance. These ethics opinions are part of a trend whereby jurisdictions are extending the duty of confidentiality to prospective clients who send unsolicited emails to attorneys, when those persons reasonably believe that the conveyed information will be held in confidence. These opinions highlight the importance for all attorneys to disclaim duties of confidentiality and representation, particularly when advertising online. This article discusses ethical opinions regarding prospective clients who send unsolicited emails and concludes …
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Washington Journal of Law, Technology & Arts
The rise in blogs (short for "Web-logs") has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of …
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Licensing Lawyers In The Modern Economy, Trippe S. Fried
Campbell Law Review
This article explores a key question for the future of the legal profession: does a paradigm in which each individual state has exclusive control over the practice of law within its borders work in the marketplace of Friedman's "flat world"? Or in today's global economy does state micromanagement of the legal profession so inure to the detriment of lawyers and clients that some form of national licensing is necessary?
Foreword, Laurel S. Terry
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello
Penn State International Law Review
No abstract provided.
Conflicts Of Interest: The Dutch Position, Floris Bannier
Conflicts Of Interest: The Dutch Position, Floris Bannier
Penn State International Law Review
No abstract provided.
Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky
Application Of California's Modified Substantial Relationship Test To International Law Firm Conflict Of Interest: Creative Solution Or Can Of Worms?, Ellen A. Pansky
Penn State International Law Review
No abstract provided.
The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan
The Paradox Of Professionalism: Global Law Practice Means Business, Christopher J. Whelan
Penn State International Law Review
No abstract provided.
At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig
At The Intersection Of Legal Ethics And Globalization: International Conflicts Of Law In Lawyer Regulation, Hans-Jurgen Hellwig
Penn State International Law Review
No abstract provided.
Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon
Protection Of Attorney-Client Privilege In Europe, Prof. Taru Spronken, Jan Fermon
Penn State International Law Review
No abstract provided.
Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr.
Lawyers, Symbols, And Money: Outside Investment In Law Firms, Milton C. Regan Jr.
Penn State International Law Review
No abstract provided.
Ethical Considerations Relating To Outsourcing Of Legal Services By Law Firms To Foreign Service Providers: Perspectives From The United States, James I. Ham
Penn State International Law Review
No abstract provided.
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
Pace Law Review
No abstract provided.
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Pace Law Review
No abstract provided.
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Research With Decisionally Incapacitated Human Subjects: An Argument For A Systemic Approach To Risk-Benefit Assessment, Carl H. Coleman
Indiana Law Journal
The amount of medical research with persons who lack decision-making capacity is rapidly increasing, but in most states it takes place without clear legal authority. In addition to creating significant liability risks for researchers and persons who provide consent on behalf of incapacitated subjects, the lack of explicit legal standards means that few, if any, safeguards exist to protect incapacitated persons' rights and welfare. Previous efforts to close the gap between clinical reality and legal requirements have failed in part because they have not provided a coherent or persuasive ethical justification for permitting this research. This Article seeks to fill …
Legal Ethics, Narrative, And Professional Identity: The Story Of David Spaulding, Timothy W. Floyd, John Gallagher
Legal Ethics, Narrative, And Professional Identity: The Story Of David Spaulding, Timothy W. Floyd, John Gallagher
Mercer Law Review
Roger Cramton has called Spaulding v. Zimmerman "one of the great gems of law teaching." The case is extensively discussed in books and articles dealing with legal ethics and is prominently featured in professional responsibility casebooks and courses. According to Professor Cramton, "Spaulding teaches important lessons about the law and ethics of lawyering." These include "the unwillingness of lawyers, judges and the organized profession to talk openly and seriously about the situations in which threats of harm to third persons justify a breach of one of the lawyer's most sacred duties, that of confidentiality to client" and "the reality, …
The Fiduciary Obligation As The Adoption Of Ends, Arthur B. Laby
The Fiduciary Obligation As The Adoption Of Ends, Arthur B. Laby
Buffalo Law Review
No abstract provided.
The Modern Movement Of Vindicating Violations Of Criminal Defendants' Rights Through Judicial Discipline, Keith Swisher
The Modern Movement Of Vindicating Violations Of Criminal Defendants' Rights Through Judicial Discipline, Keith Swisher
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk
Making The Plaintiff ’S Bar Earn Its Keep: Rethinking The Hospital Incident Report, Katherine Mikk
NYLS Law Review
No abstract provided.
A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel
A New Frontier Or Merely A New Medium - An Analysis Of The Ethics Of Blawgs, Justin Krypel
Michigan Telecommunications & Technology Law Review
The purpose of this Note is to investigate those rules of ethics which interact with attorney blogs, placing a special emphasis on advertising rules. The central finding is that, under the Supreme Court's current First Amendment jurisprudence, attorney blogs (or, more cleverly, "blawgs") are not subject to regulation by the ethics codes of the ABA or the various state bars. Furthermore, if the Supreme Court were to, for some reason, construe blawgs as falling outside of First Amendment protection, evidence suggests that regulating this new medium would be neither desirable nor effective. Part II outlines the historical framework which underlies …
Does Civility Matter?, Alice Woolley
Does Civility Matter?, Alice Woolley
Osgoode Hall Law Journal
Recent discussion of legal ethics in Canada has focused on the importance of "civility" as a fundamental value and goal of ethical conduct. This comment questions that focus. After defining the content of "civility' and reviewing its treatment in these initiatives by both the law societies and the courts, the author suggests that the emphasis on civility is misplaced. Focusing on civility has the undesirable tendency to impede lawyer reporting of misconduct by other lawyers and potentially undermines the effective representation of client interests. It also shifts emphasis away from the ethical values that should be the focus of our …
Growing Pains: Changes In Collaborative Law And The Challenge Of Legal Ethics, Christopher M. Fairman
Growing Pains: Changes In Collaborative Law And The Challenge Of Legal Ethics, Christopher M. Fairman
Campbell Law Review
No abstract provided.
Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn
Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn
Campbell Law Review
This Comment will proceed by: (I) comparing state collaborative law statutes; (II) evaluating the current ethical climate surrounding withdrawal agreements in collaborative law; (III) considering the purpose of the withdrawal agreement and how evidentiary safeguards can provide the same incentives; and finally, concluding that statutory evidentiary safeguards eliminate the need for a mandatory withdrawal agreement in the collaborative law setting.
The Role Of Attorney Ethics And Witness Misidentification In The 26 Year Incarceration Of An Innocent Man, Susan Poll Klaessy
The Role Of Attorney Ethics And Witness Misidentification In The 26 Year Incarceration Of An Innocent Man, Susan Poll Klaessy
Public Interest Law Reporter
No abstract provided.
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
Northwestern Journal of International Law & Business
This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP") and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 (hereinafter "U.K. Act"), will then …
The Core Values Of The Legal Profession For Lawyers Today And Tomorrow, Jonathan Goldsmith
The Core Values Of The Legal Profession For Lawyers Today And Tomorrow, Jonathan Goldsmith
Northwestern Journal of International Law & Business
This Article began life as a speech I gave on the fifth anniversary of the Flemish Bar in Belgium (Orde Van Flaamse Balies) on 24 May 2007. It addresses the changes which are taking place in Europe and elsewhere in the world in relation to the regulation of lawyers, particularly insofar as the core values of the legal profession are concerned.
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
St. Mary's Law Journal
The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …
“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard
“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard
NYLS Law Review
No abstract provided.
Sex Offender As Scapegoat: The Monstrous Other Within, John Douard
Sex Offender As Scapegoat: The Monstrous Other Within, John Douard
NYLS Law Review
No abstract provided.