Law Commons^™

The Civil And Criminal Liability Of Tax Advisors, Meyer Rothwacks

William & Mary Annual Tax Conference

No abstract provided.

The Failure Of Situation-Oriented Professional Rules To Guide Conduct: Conflicting Responsibilities Of The Criminal Defense Attorney Whose Client Commits Or Intends To Commit Perjury, Joni Hammersla Ostergaard

Washington Law Review

The legal profession has long promulgated rules in an effort to guide attorneys toward appropriate ethical behavior. By formulating such rules and by enforcing them through professional discipline, the profession has undertaken the admirable task of policing its own members. The past decade has seen a proliferation of different standards for attorney conduct, in part because of common law developments in the areas of legal malpractice and ineffective assistance of counsel. In addition, the bar has contributed to the proliferation of conduct rules by establishing standing committees that have promulgated advisory ethical standards in certain specialized fields. Despite the increasing …

Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel

Mark Spiegel

In this Article, Professor Spiegel examines the doctrine of informed consent as it relates to the legal profession. The Article first traces the development of the informed-consent doctrine and then considers the extent to which current legal doctrines and professional norms incorporate informed consent between lawyers and their clients. Professor Spiegel suggests that the predominant focus of informed consent is on a lawyer’s power to bind his client vis-à-vis third parties and advocates for the development of an informed-consent doctrine that accounts for the interests of all parties involved. Professor Spiegel concludes with a discussion of the application of his …

Substitute Counsel's Access To Work Product Of Disqualified Counsel, Stephen M. Griffith

William & Mary Law Review

No abstract provided.

A Source Of Revenue For The Improvement Of Legal Services, Part I: An Analysis Of The Plans In Foreign Countries And Florida Allowing The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Organized Bar., Taylor S. Boone

St. Mary's Law Journal

Abstract Forthcoming.

American Library Association Speech Transcript - Accompanying Letter, Judith F. Krug

A.L.A. (Librarians)

Description goes here.

American Library Association Speech Transcript, Monroe Freedman

A.L.A. (Librarians)

Description goes here.

Mosses From An Old Manse: Another Look At Some Historic Property Cases About The Environment, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Land Use and Environment Law Review 12 (1981): 67-127, and in International Library of Essays in Law and Legal Theory: Environmental Law, edited by Michael C. Blum, 107-67. New York: New York University Press, 1992.

The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Recent Publications, Journal Staff

Vanderbilt Law Review

Bakke, DeFunis, and Minority Admissions: The Quest for Equal Opportunity

By Allan P. Sindler.

Sindler describes the admissions programs at the Universities of Washington and California-Davis, and the respective experiences of Marco DeFunis and Allan Bakke that preceded their litigation. Then, documenting the disparity in academic qualifications between accepted minorities and rejected nonminorities, Sindler addresses the broad issue before the courts. Is the reservation of academic "places" for minorities an inherently two-track system, which operates as an illegal quota to exclude "better-qualified" applicants; or may a school utilize race as a basis for selection in order to fulfill other commitments …

La Corte Suprema Y El Futuro Del País, Horacio M. Lynch

Horacio M. LYNCH

"...La influencia de la CSN en la estabilidad política y en la afirmación de las virtudes republicanas de gobierno...".

Access To The Work Product Of An Attorney Disqualified For Opposing A Former Client: First Wisconsin Mortgage Trust, Edward S. Annunziato

Vanderbilt Law Review

The purposes of this Recent Development are to analyze the effect of the Seventh Circuit's work product decision on disqualification standards and to develop a consistent framework for determining whether access to the work product of an attorney disqualified for opposing a former client should be allowed. This Recent Development urges that in order to provide the effective guidance necessary for both voluntary compliance and judicial enforcement, the Code must incorporate those judicial standards that most closely reflect its standards in this area. Thus the Recent Development proposes an Ethical Consideration regarding access to work product that reflects the ethical …

The Pursuit Of A Client's Interest, Warren Lehman

Michigan Law Review

There has been recently a resurgence of interest in how the lawyer serves his client. Much of that interest has been occasioned by the indigestibility of the idea that the lawyer is, as it is said, a hired gun. There are those who think that instead the lawyer ought to act toward his client as a therapist. Others are concerned with rationalizing for the lawyer the ethical discomforts of servantship (which many might guess have been brought to the fore by Watergate). Yet others see the client as victim of a structure - represented by the lawyer - that frustrates …

The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode

St. Mary's Law Journal

Abstract Forthcoming.

A Source Of Revenue For The Improvement Of Legal Services, Part Ii: A Recommendation For The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Texas Bar Association And An Analysis Of The Federal Income Tax., Taylor S. Boone

St. Mary's Law Journal

Abstract Forthcoming.

Professionalism And The Chains Of Slavery, Redmond J. Barnett

Michigan Law Review

A Review of Justice Accused: Antislavery and the Judicial Process by Robert M. Cover and The Dred Scott Case: Its Significance in American Law and Politics by Don E. Fehrenbacher

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.

Westinghouse Electric Corp. V. Kerr-Mcgee Corp.: Attorney Disqualification For Conflict Of Interest, Ted Helwig

Loyola University Chicago Law Journal

No abstract provided.

Balzacian Legality, Thomas E. Carbonneau

Journal Articles

The study of law and literature is an area of growing interest to legal scholars in the United States. Honore de Balzac incorporated in his works a panoramic view of the social reality of nineteenth century France. In this context, the fidelity of Balzac's plots and characters to their external models has been well-documented in a number of fields, including sociology, commerce, and finance. In addition to this penchant for realism, however, Balzac laced his novels with an equally evident moral content. This commitment to accuracy and morality also influenced Balzac's novelistic treatment of the law and lawyers.

Balzac's work …

Law And The Press In West Virginia, Helen Coon Carper

Theses, Dissertations and Capstones

How well do West Virginia’s press laws serve the West Virginia writer” Do we have enough law? If not, what do we need? The forgoing chapters provide an overview of the laws that exist for the writer in seven areas: Copyright, Fair Trial and Free Press, Shield Law, Libel, The Right of Privacy, Freedom of Information, and Open Meetings.

Only three of the above areas are regulated by West Virginia constitutional or stationary law: libel, access to government records, and access to government meetings.

Regulation of libel is provided by West Virginia’s Constitution with the West Virginia Code providing for …

Serving The Public Interest: An Overstated Objective, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

It is clear that there are many occasions when legal services would be useful but are not being provided. The question is what the legal profession can do and should be fairly expected to do about this.

American Library Association Speech Thank You Letter, Monroe Freedman

A.L.A. (Librarians)

Description goes here.

American Library Association Speech Notes, Monroe Freedman

A.L.A. (Librarians)

Description goes here.

Mental Disability And Lawyer Discipline, 12 J. Marshall J. Prac. & Proc. 227 (1979), Daniel L. Skoler, Roger M. Klein

UIC Law Review

No abstract provided.

Psychosurgery And The Involuntarily Confined, John P. Kopesky

Villanova Law Review

No abstract provided.

A Dialogue On The Unauthorized Practice Of Law, Roger Hunter, Robert Klonoff

Villanova Law Review

No abstract provided.

Confidential Communication Privileges Under Federal And Virginia Law, Roger L. Williams

University of Richmond Law Review

This Comment focuses on the confidential communication privileges recognized under federal and Virginia law. The history of rule 501 of the Federal Rules of Evidence is discussed in order to illustrate the policies which Congress intended to further by enacting it and to shed some light on how Congress intended the rule to operate. Discussion includes an examination of various trends or approaches which recent federal decisions have taken in applying rule 501. Finally, specific privileges which have been recognized by federal courts and specific privileges recognized under Virginia law are enumerated.

Professional Ethics And Trial Publicity: Another Constitutional Attack On Dr7-107- Hirschkop V. Snead, Stephen E. Baril

University of Richmond Law Review

Philip J. Hirschkop brought an action seeking a declaratory judgment that Disciplinary Rule 7-107 of the Virginia Code of Professional Responsibility, was unconstitutionally vague and over broad. DR 7-107, generally referred to as the "no-comment" rule, prohibits extrajudicial statements by attorneys regarding pending litigation in which they are involved, "if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice."

Is Your Career On Target?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The author writes about nonlegal careers for lawyers.

Regulating Conflict Of Interest Of Public Officials: A Comparative Analysis, Ross F. Cranston

Vanderbilt Journal of Transnational Law

Conflicts between the public duties and private interests of government officials have received considerable attention and have produced a variety of legislative and executive actions. President Carter laid down high standards of behavior for his appointees; Congress tightened its financial disclosure requirements in 1977 and the Ethics in Government Act of 1978 embodies some of these measures in legislation. Britain established a register of Parliamentarians' interests in 1975 and a Royal Commission has made a report on the standards of behavior in public life. An Australian Joint Parliamentary Committee recommended a register of Parliamentarians' interests in 1975, and now a …