Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Ethical Obligation Of Transactional Lawyer To Act As Gatekeepers, Rutheford B. Campbell Jr., Eugene R. Gaetke
The Ethical Obligation Of Transactional Lawyer To Act As Gatekeepers, Rutheford B. Campbell Jr., Eugene R. Gaetke
Law Faculty Scholarly Articles
Recent examples of managerial misconduct at major corporations have called into question the adequacy of the gatekeeper role provided by transactional lawyers representing corporations. That role is governed by Model Rule 1.13(b), which obligates the lawyer for a corporation to take remedial action if the lawyer knows that corporate managers are engaged in actions that amount to a "violation of a legal obligation" to the corporation or that are unlawful and likely to result in substantial injury to the corporation. In addition, Model Rule 1.2(d) forbids a lawyer from lending assistance to any action by corporate managers "that the lawyer …
Lifting The Veil: An Expose On The American Bar Association's Arbitrary And Capricious Accreditation Process, Mathew D. Staver, Anita L. Staver
Lifting The Veil: An Expose On The American Bar Association's Arbitrary And Capricious Accreditation Process, Mathew D. Staver, Anita L. Staver
Faculty Publications and Presentations
To understand the flaws of the ABA accreditation process, this article will overview the experience of Barry University School of Law (Barry) with ABA accreditation. Section II will discuss the development and structure of the ABA. Section III will argue that the ABA’s delegation of authority to an internal advisory body to render accreditation decisions, which bind the ABA, is an ultra vires act forbidden both by the laws of its state of incorporation and by the ABA Constitution. Section IV will then discuss the ABA accreditation process as applied to Barry. In Section V, this article will address federal …