Law Commons^™

Antiracism, Reflection, And Professional Identity, Andrew King-Ries, Monte Mills, Eduardo R.C. Capulong

Faculty Law Review Articles

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …

Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell

Faculty Law Review Articles

The author addresses how modern developments in technology and the law bring with them the need for reassessment of the vision of the lawyer as a public citizen in this introduction to the University of Memphis Law Review issue on the symposium, 21st Century Law, Technology and Ethics: The Lawyer's Role as a Public Citizen.

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Law Review Articles

This article discusses the importance of attorneys fulfilling the role of "public citizen" by helping to provide legal services to those unable to pay and how Model Rule 61. on pro bono service articulates this role.

Keeping The Wheels On The Wagon: Observations On Issues Of Legal Ethics For Lawyers Representing Business Organizations, Irma S. Russell

Faculty Law Review Articles

This article explores the obligations of the lawyer to the corporate client and to society. It examines both established principles and recent developments relevant to the lawyer's role.

Part II discusses some of the rules of legal ethics that provide both guidance and restraints on corporate counsel. It focuses on the lawyer's duty to provide the client with independent professional judgment and to keep the client informed about the representation. It also explores the lawyer's duty to maintain the confidentiality of client information and duties specific to representing an organizational client.

Part III explains recent developments that may affect the …

Unreasonable Risk: Model Rule 1.6, Environmental Hazards, And Positive Law, Irma S. Russell

Faculty Law Review Articles

This article explores the disjuncture of positive law and the duty of confidentiality as formulated by Model Rule 1.6. Its central purpose is to question the decision to exclude positive law from the framework of analysis created by the Rule.

Part II summarizes the duty of confidentiality owed to clients by attorneys. Part III examines Model Rule 1.6. Part IV surveys environmental statutes, noting the strong public policy in favor of protection against environmental hazards. Part V explores common law liability, noting the effect of recent developments in the law, such as the abrogation of the bar of privity and …

Cries And Whispers: Environmental Hazards, Model Rule 1.6, And The Attorney's Conflicting Duties To Clients And Others, Irma S. Russell

Faculty Law Review Articles

This article assesses the operation of Model Rule 1.6 in light of environmental catastrophes and concludes that the realities of environmental dangers demand reassessment of the ABA rule on confidentiality.

Part II recounts the history and purpose of the duty of confidentiality. Part III examines the text, commentary, and legislative history of Model Rule 1.6. Part IV discusses modifications to Rule 1.6 by states that have adopted the Model Rules. Part V examines two predominant views of the attorney (as champion and as officer of the court) as they relate to the issue of confidentiality. Part VI assesses Rule 1.6 …