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Articles 1 - 30 of 30
Full-Text Articles in Law
A Random Stroll Amongst Anthony Trollope's Lawyers, James J. Fishman
A Random Stroll Amongst Anthony Trollope's Lawyers, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
Anthony Trollope (1815-1882) resides in the pantheon of nineteenth century English literature. Overcoming a miserable childhood, he became an official with the post office and is credited with introducing the familiar red mailbox. While working full time in his postal position until 1867, he still managed to publish 47 novels, travel books, biographies, short stories, collections of essays, and articles on various topics. Trollope has been described as the novelist of the ordinary for his realistic description of English society. Law and legal issues flow through Trollope’s fiction. The legal system held a special importance to him as the skeleton …
Menstruation And The Bar Exam: Unconstitutional Tampon Bans, Bridget J. Crawford
Menstruation And The Bar Exam: Unconstitutional Tampon Bans, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Some states have policies that prevent bar exam candidates from bringing their own menstrual products to the test. Via social media, awareness of these policies achieved new heights in the weeks leading up to the July 2020 bar exam. While states adopted different approaches to administering the bar exam during the COVID-19 pandemic, a small number of jurisdictions responded to public criticism by permitting test-takers to bring menstrual products with them to exams. Not all states have adopted permissive policies, however. This essay explains why outright bans on menstrual products at the bar exam likely are unconstitutional. So-called alternate policies, …
Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman
Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Lawyers are communicators. They communicate with clients, courts, adversaries, juries, witnesses, and the public. Lawyers have a special responsibility for the quality of justice. Their communications, therefore, are hedged by various ethical rules to ensure that their statements are knowledgeable, truthful, respectful, and not prejudicial to the administration of justice. But lawyers are not always knowledgeable of the facts. In fact, they sometimes behave disrespectfully, and stray from the truth. False statements by lawyers may be made unwittingly, sometimes intentionally, and sometimes with an indifference, even a contempt for the truth. Discourse of the latter kind may be characterized as …
A Penal Colony For Bad Lawyers, Bennett L. Gershman
A Penal Colony For Bad Lawyers, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In this article I set out what I believe is an extreme and unconventional way to discipline egregiously bad lawyers. For starters, I think it might be useful to survey briefly the kinds of lawyering conduct currently subject to disciplinary sanctions. Regulation of the conduct of defense lawyers in the U.S. is hedged by various legal and professional rules that are enforced by courts and disciplinary bodies essentially to ensure a minimum level of competent and ethical representation. The Sixth Amendment right to counsel--the so-called “sacred” right--seeks to ensure at least a reasonable degree of lawyering skill. Also, professional codes …
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii
Elisabeth Haub School of Law Faculty Publications
This article will discuss recent developments by the New York Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine the cases of Georgia Malone & Co. v. Ralph Rieder and Dombrowski v. Bulson.
Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke
Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
It is true that the recession of 2008–2009 seriously undermined the job market for both new and experienced lawyers. It is also true that legal education is expensive, and many students pay for it through loans that have to be repaid after graduation. And it is well documented that some law schools misstated employment and other statistics in the tight, competitive job market of recent years. But connecting the dots in this case does not lead to a conclusion that our system of legal education is bankrupt or that law school is not an excellent career choice for many students. …
Revealing The Naked Truth About Solos, Gary A. Munneke
Revealing The Naked Truth About Solos, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Like most tabloid journalism, the truth about solos is a lot less titillating than the headlines. This group of lawyers makes up the largest segment of legal practitioners in New York and every other state in the United States. Outside of metropolitan areas, solos represent the bulk of most law practices, and even a “large” firm in many small towns likely will have five lawyers or fewer.
Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke
Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This issue of the Journal takes a look at the legal profession as it confronts the most serious economic downturn since the Great Depression, but the focus is not on what went wrong, or why. The articles in this issue examine how lawyers and law firms can survive, and thrive again when the economy improves.
Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke
Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
What are the personal management skills that lawyers need to possess (or develop, as the case may be), here is a short list: organization, time management, financial management, facility with technology, people skills, an ability to communicate, personal marketing skills and career skills. Although future columns will add flesh to the bones of these personal management skills, a skeletal overview may help to understand what this article is talking about.
Re-Defining Pro Bono: Professional Commitment To Public Service, Gary A. Munneke
Re-Defining Pro Bono: Professional Commitment To Public Service, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This article suggests that the current version of Rule 6.1 of the Model Rules of Professional Conduct has not achieved its objective of fostering universal public and pro bono service among lawyers, and proposes a change to the current rule that hopefully will be more successful in achieving these laudable objectives. From the earliest days of the Anglo-American legal profession, lawyers have understood public, or pro bono publico, service to be fundamental to their identity as professionals. During the last half of the 20th century, however, this evolution became a revolution, as pro bono increasingly came to be identified with …
Why Practice Management?, Gary A. Munneke
Why Practice Management?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Today, lawyers must regard the practice of law as a business, inasmuch as they earn their livelihood from the practice of law. The marketplace for legal services is a competitive one; not only has the size of the profession more than quadrupled in the past 50 years, but other professions and businesses have also begun to perform services traditionally restricted to lawyers. For example, accounting firms have encroached on tax litigation, banks in the trusts and estates area, and financial planners in estate planning. In a series of cases, the United States Supreme Court has made it clear that lawyers …
The History Of The Pace Law Library, Margaret R. Moreland
The History Of The Pace Law Library, Margaret R. Moreland
Elisabeth Haub School of Law Faculty Publications
The Pace University School of Law Library is a gateway to information. As an essential component of legal education, the Library collects and organizes information to support the curriculum and programs of the Pace University School of Law, makes effective use of all available resources to promote student and faculty scholarship, and teaches Pace University School of Law students, faculty, and staff how to retrieve, evaluate, and manage information in an efficient, professional, and ethical manner.
Deja Vu All Over Again, Gary A. Munneke
Deja Vu All Over Again, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Why talk about the future at all? As a professor I am a student of change. But do forecasts about the future matter to the average practitioner. My answer is a resounding YES! To understand my attitude, it's important to look at the work of the Futurist Committee of the ABA Law Practice Management Section.
Legal Skills For A Transforming Profession, Gary A. Munneke
Legal Skills For A Transforming Profession, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The legal profession is undergoing dramatic changes that will drive a reformation in legal education. Legal educators must anticipate these changes to effectively prepare students for the practice of law in the twenty-first century. In order to be proficient practitioners, these students will require an expanded set of professional skills. Although the current legal skills paradigm was articulated by the American Bar Association MacCrate Task Force in 1991, it is time to reexamine legal skills with an eye toward preparing students to practice law in the new millennium. In Section II, this article examines trends in modern society and the …
Seize The Future, Gary A. Munneke
Seize The Future, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Reprinted by permission from Law Practice Quarterly, Volume 1, No. 2, Feb. 2000.
Taking Control Of Technology: What Small Firm Decision Makers Need To Know, Gary A. Munneke
Taking Control Of Technology: What Small Firm Decision Makers Need To Know, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
For firms that want to take control of their technology, the first question to ask is what applications does the office need? This question should precede debates about what hardware and software to acquire, because the choice of applications will drive the choice of products. To start anywhere else is to allow the tail to wag the dog.
Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke
Lawyers, Accountants, And The Battle To Own Professional Services, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Competition between lawyers and accountants is not a new concept. At various times during the past century, these two professions have clashed over the scope and definition of their respective services. Lawyers traditionally have relied upon a professional monopoly to provide “legal” services as a device to exclude nonlawyers from the practice of law. Supported by statutes in many jurisdictions making the unauthorized practice of law a criminal offense and ethics rules prohibiting lawyers from assisting in the unauthorized practice of law, lawyers have always been able to identify some inner sanctum of professional services that only they could handle. …
A Nightmare On Main Street (Part Mxl): Freddie Joins An Accounting Firm, Gary A. Munneke
A Nightmare On Main Street (Part Mxl): Freddie Joins An Accounting Firm, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The subject of multidisciplinary practice (“MDP”) has intrigued me for well over a decade. The topic has led me into new areas of research, and sometimes into the cross hairs of colleagues in the legal profession. My views have not always represented the mainstream of thinking among lawyers, and that is reflected in the title of my talk today: “A Nightmare on Main Street (Part MXL): Freddie Joins an Accounting Firm.”
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.
Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman
Themes Of Injustice: Wrongful Convictions, Racial Prejudice, And Lawyer Incompetence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The U. S. criminal justice system has undergone radical changes in the past generation. Crime is more complex; prosecutors are more powerful; and courts, corrections agencies, and defense services are burdened with larger case loads and tighter budgets. It is not the best of times to talk about justice. Yet, it is a subject that needs to be constantly addressed, particularly in times of crisis. The following essay focuses on some of the problems that present themselves in the criminal justice system today, including the conviction of innocent defendants, especially in capital cases; racial prejudice; and lawyer incompetence.
Law Firm Restructuring: The Big Picture, Gary A. Munneke
Law Firm Restructuring: The Big Picture, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The term "restructuring" has become a buzzword for law firm efforts to improve the bottom line by altering the composition of the firm's personnel. In many instances, this is accomplished by "downsizing," a word more easily spoken than "firing." As opportunities for ownership interest in law firms evaporate, firms talk about "nonequity partners" and "rainmaking" skills. Such euphemisms are often used to sugarcoat the bitter medicine of economic reality. It may be useful to look more closely at the phenomenon of restructuring, although cynics might say lawyers should look at structuring first. In either case, taking a look at the …
The Adversarial System At Risk, Bennett L. Gershman
The Adversarial System At Risk, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …
The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke
The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This Article will explore the problem of the attorney's duty to provide clients with adequate information to make informed decisions. It will discuss situations in which such a duty is appropriate, and suggest that a cause of action for informed consent must be limited to those fact patterns where courts have established the right of the client to make the decision. The analysis rejects establishment of a broad right of the client to control all aspects of the representation. The Article will first review the history of the development of professional liability law with particular emphasis on the medical profession, …
How Do You Decide On A Nonlegal Career?, Gary A. Munneke
How Do You Decide On A Nonlegal Career?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Recent surveys have indicated that many young lawyers are dissatisfied with the direction that their careers have taken. There are always other options, and an increasingly attractive choice for many young lawyers is the nonlegal career.
Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke
Review Of Kanter On Hiring: A Lawyer's Guide To Lawyer Hiring, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Review Of Managing The Recruitment Process, Gary A. Munneke
Review Of Managing The Recruitment Process, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Singing Those Law Office Blues, Gary A. Munneke
Singing Those Law Office Blues, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
There were 2,750 young lawyers, 1.8 percent of all young attorneys in the ABA, who responded to the Career Satisfaction Survey. The preliminary survey involved in-depth interviews with 150 young lawyers. The final questionnaire was based upon these interviews. The responses were many and varied, and it was difficult to find many answers "In common. Some respondents found it necessary to elaborate on their answers by writing comments in the columns of the survey. A few of these answers are included because they were both humorous and enlightening.
Is Your Career On Target?, Gary A. Munneke
Is Your Career On Target?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The author writes about nonlegal careers for lawyers.
If We Don't Take Care Of Young Lawyers, Who Will?, Gary A. Munneke
If We Don't Take Care Of Young Lawyers, Who Will?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
There are now more than 450,000 lawyers in this country, almost double the number of 20 years ago. The American Association of Law Schools estimates that the number of law student graduates averages about 34,000 a year. And the Bureau of Labor Statistics of the Department of Labor projects that there will be 26,400 new legal jobs each year until 1985. If law school enrollments stay at their current level, that would mean about 8,000 graduates each year would not be able to find a law-related job.
Facing Future Growth Affirmatively, Gary A. Munneke
Facing Future Growth Affirmatively, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
It is the contention of this author that one's approach to the recruitment of associates should be given the same careful analysis that other questions of law office operation and management are given. Recruitment should be systematic; it should maximize the attorney's selection; and it should be done at the lowest cost possible to achieve the desired ends.