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Journal

2017

Legal Ethics and Professional Responsibility

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Articles 1 - 30 of 171

Full-Text Articles in Law

Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose Dec 2017

Artificial Intelligence: Application Today And Implications Tomorrow, Sean Semmler, Zeeve Rose

Duke Law & Technology Review

This paper analyzes the applications of artificial intelligence to the legal industry, specifically in the fields of legal research and contract drafting. First, it will look at the implications of artificial intelligence (A.I.) for the current practice of law. Second, it will delve into the future implications of A.I. on law firms and the possible regulatory challenges that come with A.I. The proliferation of A.I. in the legal sphere will give laymen (clients) access to the information and services traditionally provided exclusively by attorneys. With an increase in access to these services will come a change in the role that …


Ethics, Law Firms, And Legal Education, Milton C. Regan Jr. Dec 2017

Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.

Maine Law Review

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …


The Lawyer As A Public Citizen, Cruz Reynoso Dec 2017

The Lawyer As A Public Citizen, Cruz Reynoso

Maine Law Review

The Eleventh Annual Frank M. Coffin Lecture on Law and Public Service was held on October 17, 2002. Cruz Reynoso, Boochever and Bird Professor of Law at the University of California at Davis, School of Law and retired Associate Justice of the California Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, an inspiration, mentor, and friend to the University of Maine School of Law. The Board and Staff of Volume 55 are honored to continue the tradition of publishing …


Judicial Disqualification—Confusion, Clarification And Continued Considerations: A Closer Look At Arkansas's Judicial Disqualification Rules In Light Of Ferguson V. State, Elizabeth James Dec 2017

Judicial Disqualification—Confusion, Clarification And Continued Considerations: A Closer Look At Arkansas's Judicial Disqualification Rules In Light Of Ferguson V. State, Elizabeth James

University of Arkansas at Little Rock Law Review

No abstract provided.


Turns Of The Contingent Fee Key To The Courthouse Door, Douglas R. Richmond Dec 2017

Turns Of The Contingent Fee Key To The Courthouse Door, Douglas R. Richmond

Buffalo Law Review

No abstract provided.


Legal Ethics, Patrick Emery Longan Dec 2017

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This survey covers the period from June 1, 2016 to May 31, 2017.1 The Article discusses attorney discipline, ineffective assistance of counsel, legal malpractice and breach of fiduciary duty, disqualification, judicial ethics, several miscellaneous cases involving legal ethics, opinions of the Formal Advisory Opinion Board, and amendments to the Georgia Rules of Professional Conduct.


The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert Nov 2017

The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert

The Catholic Lawyer

No abstract provided.


The Catholic's Role In The Legal Profession In Republican Government, Joseph C. Cascarelli Nov 2017

The Catholic's Role In The Legal Profession In Republican Government, Joseph C. Cascarelli

The Catholic Lawyer

No abstract provided.


Personal Values Within Our Profession, Gordon L. Gray Oct 2017

Personal Values Within Our Profession, Gordon L. Gray

The Catholic Lawyer

No abstract provided.


A Challenge To Lawyers, Robert F. Drinan, S.J. Oct 2017

A Challenge To Lawyers, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D Oct 2017

Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D

The Catholic Lawyer

No abstract provided.


On Encouraging Lawyers To Serve The Poor, John F. Castellano Oct 2017

On Encouraging Lawyers To Serve The Poor, John F. Castellano

The Catholic Lawyer

No abstract provided.


Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann Oct 2017

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Maine Law Review

Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that the …


On Religious Legal Ethics, Thomas L. Shaffer Oct 2017

On Religious Legal Ethics, Thomas L. Shaffer

The Catholic Lawyer

No abstract provided.


The House Of Lords And The Discontinuation Of Artificial Nutrition And Hydration: An Ethical Analysis Of The Tony Bland Case, Moira M. Mcqueen, James L. Walsh Oct 2017

The House Of Lords And The Discontinuation Of Artificial Nutrition And Hydration: An Ethical Analysis Of The Tony Bland Case, Moira M. Mcqueen, James L. Walsh

The Catholic Lawyer

No abstract provided.


Moral Issues And The Virtuous Judge: Reflections On The Nomination And Confirmation Of Supreme Court Justices, Robert J. Araujo, S.J. Oct 2017

Moral Issues And The Virtuous Judge: Reflections On The Nomination And Confirmation Of Supreme Court Justices, Robert J. Araujo, S.J.

The Catholic Lawyer

No abstract provided.


Ethics In The Everyday Practice Of Law, Rev. Thomas J. Paprocki Oct 2017

Ethics In The Everyday Practice Of Law, Rev. Thomas J. Paprocki

The Catholic Lawyer

No abstract provided.


Constitutionalizing Ethics, Bennett L. Gershman Oct 2017

Constitutionalizing Ethics, Bennett L. Gershman

Pace Law Review

The purpose of this essay is not to weigh in the wisdom or utility in revising New York’s Constitution. However, in my opinion, one of the most compelling reasons to amend New York’s Constitution is the need to incorporate into the fundamental charter a meaningful code of ethics, including procedures for its enforcement, and sanctions for violations. New York over the past fifteen years has experienced more scandals, criminal prosecutions, and convictions of lawmakers and other government officials for corruption than any state in the nation. It is certainly arguable that the extent of New York’s corruption, and the widespread …


Morals For Home, Morals For Office: The Double Ethical Life Of A Civil Littigator, Patricia L. Rizzo Oct 2017

Morals For Home, Morals For Office: The Double Ethical Life Of A Civil Littigator, Patricia L. Rizzo

The Catholic Lawyer

No abstract provided.


The Teleology Of Law: Responsible Citizenship And Discpleship, Robert J. Araujo, S.J. Oct 2017

The Teleology Of Law: Responsible Citizenship And Discpleship, Robert J. Araujo, S.J.

The Catholic Lawyer

No abstract provided.


The Ethical Foundations Of Judicial Decision-Making, Philip J. Grib, S.J. Oct 2017

The Ethical Foundations Of Judicial Decision-Making, Philip J. Grib, S.J.

The Catholic Lawyer

No abstract provided.


The Ethics Of Metadata: A Critical Analysis And A Practical Solution, Hans P. Sinha Oct 2017

The Ethics Of Metadata: A Critical Analysis And A Practical Solution, Hans P. Sinha

Maine Law Review

The ease with which documents can be transmitted over the internet via e-mail has led to the exchange of legal documents between attorneys in electronic format (generally as attachments to an e-mail) on a daily basis. While some exchanges of electronic documents occur in a formal discovery context, governed by formal rules of discovery or court-orders, the vast majority of electronic documents exchanged between attorneys occurs in the non-formal discovery context: two or more attorneys simply exchanging contract drafts, memoranda, letters—documents pertaining in one way or another to the representation of their clients—between and amongst each other. This Article examines …


Personal Responsibility For Professional Actions, Simon Yeznig Balian Oct 2017

Personal Responsibility For Professional Actions, Simon Yeznig Balian

The Catholic Lawyer

No abstract provided.


Ethics And Law School Admission, Anthony J. Scanlon Oct 2017

Ethics And Law School Admission, Anthony J. Scanlon

The Catholic Lawyer

No abstract provided.


Legal Ethics Education And The Dynamics Of Reform, Elizabeth D. Gee Oct 2017

Legal Ethics Education And The Dynamics Of Reform, Elizabeth D. Gee

The Catholic Lawyer

No abstract provided.


Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes Oct 2017

Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes

St. Mary's Journal on Legal Malpractice & Ethics

In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …


Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger Oct 2017

Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger

St. Mary's Journal on Legal Malpractice & Ethics

In 1966, Professor Monroe Freedman authored Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, a work that occupies an important place in the cannon of legal ethics. Freedman believed that the three hardest questions facing a criminal defense attorney relate to whether it is ethical to discredit a truthful witness; whether it is proper to knowingly allow a client to testify falsely; and whether a lawyer may provide a client with legal advice when the lawyer suspects the client may use that advice to commit a crime. Beyond Freedman’s queries there are other important, yet largely unaddressed, …


Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon Oct 2017

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …


Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich Oct 2017

Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.


The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez Oct 2017

The Ambulance Chasing Epidemic In Texas, Ronald Rodriguez

St. Mary's Journal on Legal Malpractice & Ethics

Barratry and solicitation of professional employment is illegal and unethical. The Texas Disciplinary Rules of Professional Conduct define barratry as ethical misconduct and a serious crime. Unfortunately, for citizens and law-abiding attorneys of Texas, the criminal and ethical prohibitions against barratry have rarely been enforced. Consequently, barratry continues to proliferate rapidly throughout South Texas. For lawyers who engage in this unethical practice, the potential for large financial gain proves irresistible given the virtually nonexistent risk of prosecution. The lack of robust and successful prosecutions has created an optimal environment for barratry to proliferate. This Article discusses the current barratry epidemic …