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Full-Text Articles in Law
Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56
Professional Responsibility In Appellate Practice: A View From The Bench, Roger J. Miner '56
Law Practice
No abstract provided.
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Faculty Scholarship
Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …
Professional Ethics Opinion 89-1, Propriety Of Non-Lawyer Employees' Names On Letterheads And Business Cards, David F. Forte
Professional Ethics Opinion 89-1, Propriety Of Non-Lawyer Employees' Names On Letterheads And Business Cards, David F. Forte
Law Faculty Articles and Essays
A lawyer or law firm may include on its letterhead and business cards the names and titles of its nonlawyer employees, so long as the letterhead or business card describes such employees as nonlawyers.
Lawyers As Officers Of The Court, Eugene R. Gaetke
Lawyers As Officers Of The Court, Eugene R. Gaetke
Law Faculty Scholarly Articles
Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers and misleads the public. The profession, therefore, should either stop using the officer of the court characterization or give meaning to it. This Article proposes certain modifications of the existing rules of professional responsibility that would bring lawyers' actual obligations more in line with those suggested by the label of officer of the court.
The Duty To Criticize The Courts (Ii), Roger J. Miner '56
The Duty To Criticize The Courts (Ii), Roger J. Miner '56
Judges
No abstract provided.
A Uniform Rule Governing The Admission And Practice Of Attorneys Before United States District Courts, Michael S. Ariens
A Uniform Rule Governing The Admission And Practice Of Attorneys Before United States District Courts, Michael S. Ariens
Faculty Articles
The increase in the interstate and international practice of law necessitates a review of the rules governing the admission of attorneys to practice before federal district courts. By virtue of the sweep of their jurisdictional net, federal district courts are likely to be the fora for litigating most interstate or international disputes. The present rules, based upon the antiquated notion that lawyers only rarely practice law in federal district court, and then only in the federal district court located in the state in which they practice, do not address this change in the practice of law.
For these reasons, a …
Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke
Solicitation And The Uncertain Status Of The Code Of Professional Responsibility In Kentucky, Eugene R. Gaetke
Law Faculty Scholarly Articles
In 1969 the Kentucky Supreme Court adopted the American Bar Association's Code of Professional Responsibility as the disciplinary rules binding upon attorneys practicing in the state. The Court adopted the Code as an apparent attempt to provide the Kentucky bench and bar the certainty and guidance offered by a codification of the frequently subjective and occasionally nebulous body of law known as legal ethics. The Court used particular language in its rule adopting the Code, however, which renders uncertain the precise status of the Code in Kentucky. As a result, a conscientious practitioner in Kentucky cannot confidently look to the …
Professional Responsibility Issues In International Law Practice , Roger J. Goebel
Professional Responsibility Issues In International Law Practice , Roger J. Goebel
Faculty Scholarship
The present Code of Professional Responsibility (CPR) is essentially geared to guide the conduct of the lawyer as advocate or litigator. It is certainly of assistance to the American international lawyer in establishing guidelines for his conduct, but only of limited assistance since the international lawyer usually serves more as an advisor to, or negotiator for, his clients. In contrast, the recent ABA draft Model Rules of Professional Conduct (MRPC) provide a more useful basis for examination of the international lawyer's ethical responsibilities, as they do in many respects for the corporate or commercial lawyer who assists domestic clients in …