Law Commons^™

Professional Integrity: Thinking Ethically, Michael Pritchard

Michael Pritchard

Discussions of professional ethics tend to emphasize what not to do. Why, Michael Pritchard asks, should they not also consider the ethical heights to which professionals should aspire?Pritchard, who has taught professional ethics for more than twenty-five years, here explores the interplay of virtues, ideals, and moral rules in everyday life and the professions. In elegant prose, he emphasizes the positive dimension of professional ethics-actions that thoughtful, conscientious people ought to perceive and pursue in their careers.As Pritchard observes, problems of professional ethics originate in an increasingly specialized society where few people are able to evaluate, let alone discredit, the …

Is It Ethical To Use Crowdfunding To Finance The Practice Of Law?, Alberto Bernabe

Alberto Bernabe

Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …

Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …

The Private Bar: Partner For Healthy Communities, Sylvia Caley, Charity Scott

Sylvia B. Caley

No abstract provided.

Discovery And Adequate Plea Colloquys, R. Michael Cassidy

R. Michael Cassidy

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

Ethical Responsibilities Of Prosecutors After Conviction, R. Michael Cassidy

R. Michael Cassidy

Managing Online Presence For Professionals And Law Students, Stephanie Miller

Stephanie C. Miller

No abstract provided.

Ethical Issues In Community Supervision (Probation And Parole), Sharlette A. Kellum-Gilbert Ph.D.

Dr. Sharlette A. Kellum-Gilbert

If one does not like to be micromanaged, they should never do anything that might cause them to be on probation or parole. Probation Officers and Parole Officers (POs) are super micromanagers. Every day, they are tasked with supervising several offenders (e.g., home contact, work verifications, treatment programs, etc.). This is definitely not a desk job! They must be diplomatic, fair, stern, and knowledgeable. The job of probation and parole officers includes impeding cycles. There are various cycles of dysfunction that causes an offender to be introduced to the system and sometimes remain in the system. Probation and parole officers …

The Cost Of Avoidance: Pluralism, Neutrality, And The Foundations Of Modern Legal Ethics, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.

Institutional Actors And Protecting Clients In A Post-Monopoly World, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.

Ethical Issues Related To Cloud Computing, Alberto Bernabe

Alberto Bernabe

The Cost Of Avoidance: Pluralism, Neutrality, And The Foundations Of Modern Legal Ethics, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.

The Social Media Frontier: Exploring A New Mandate For Competence In The Practice Of Law, Jan Jacobowitz, Danielle Singer

Jan L Jacobowitz

Attorney Mark O’Mara’s use of social media as part of the defense strategy in the representation of George Zimmerman, who was prosecuted for the death of Trayvon Martin, highlighted the use of social media in the practice of law, and because of the tremendous media coverage of the trial, facilitated a robust conversation on whether the legal profession’s use of social media is the “new normal.” In fact, lawyers’ increasing use of social media is evidenced by a growing body of case law, ethics opinions, and journal articles discussing the propriety of using social media in areas such as investigation, …

Workshop For Law Professors On Risk, Injury, And Liability Insurance, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.

The Revolution Will Not Be Codified, Melissa Mortazavi

Melissa Mortazavi

No abstract provided.

Coding And Decoding Legal Ethics, Melissa Mortazavi

Melissa Mortazavi

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.

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

Cloud Nine Or Cloud Nein? Cloud Computing And Its Impact On Lawyers' Ethical Obligations And Privileged Communications, Louise Hill

Louise L Hill

No abstract provided.

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …

Current Controversies And The History Of Rulemaking, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.

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

Judith A. McMorrow

No abstract provided.

Integrating Professional And Personal Values, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Assessing The Ethical Infrastructure Of Law Firms, Susan Fortney

Susan S. Fortney

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).

Mindfulness & Professional Responsibility -- A Guidebook For Incorporating Mindfulness Into The Law School Curriculum, Jan Jacobowitz, Scott Rogers

Jan L Jacobowitz

In Mindfulness & Professional Responsibility—A Guidebook for Integrating Mindfulness into the Law School Curriculum, Scott Rogers and Jan Jacobowitz share with readers their methodology for weaving together mindfulness and professional responsibility in the classroom. Readers are offered a glimpse into their popular University of Miami School of Law course, Mindful Ethics: Professional Responsibility for Lawyers in the Digital Age, and its creative curriculum that draws upon the application of traditional professional responsibility issues in the context of social media. Intended to introduce teachers to mindfulness practices and offer a method of integrating it into their classrooms, the book’s largest section …

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.