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Full-Text Articles in Law

The Noblesse Oblige Tradition In The Practice Of Law, David Luban May 1988

The Noblesse Oblige Tradition In The Practice Of Law, David Luban

Vanderbilt Law Review

In 1905 Louis D. Brandeis delivered a talk entitled The Opportunity in the Law to the Harvard Ethical Society.' It was delivered as a pep talk, what Harvard Law Professor Duncan Kennedy, seventy-six years later, would refer to as "the old address to the troops." Brandeis hoped to rally law students to his vision of the moral possibilities of legal practice-specifically, the elite corporate legal practice into which Brandeis could assume his audience would enter. Brandeis was concerned that elite lawyers were becoming thralls of robber-baron capitalists, that they were ignoring the possibilities of law practice as a kind of …


Attorney Advertising And Competition At The Bar, Terry Calvani, James Langenfeld, Gordon Shuford May 1988

Attorney Advertising And Competition At The Bar, Terry Calvani, James Langenfeld, Gordon Shuford

Vanderbilt Law Review

Generally, advertising tends to lower prices and stimulate competition. This unexceptional statement becomes controversial, however,when applied to the legal profession. Indeed, only the newest members of the bar cannot recall the time when both professional and legal strictures precluded attorneys from advertising. Attorney advertising has been, and probably remains, a controversial subject. This Article analyzes attorney advertising and the regulations that police it. The Article begins by discussing the legal history of restraints on advertising.The Article then presents an economic analysis of the effects of attorney advertising. Finally, the Article examines the empirical evidence measuring the impact of attorney advertising …


The Challenge Of Change: The Practice Of Law In The Year 2000, James W. Jones May 1988

The Challenge Of Change: The Practice Of Law In The Year 2000, James W. Jones

Vanderbilt Law Review

The past two decades have witnessed extraordinary changes that will have a lasting impact on the structure of the legal profession and the ways in which lawyers approach their practices. Some twenty years ago the legal profession was remarkably stable, having changed little in the preceding 100 years. The bar was relatively small, fairly homogeneous, mostly male, and overwhelmingly white anglo-saxon Protestant.The profession was, in the main, a close-knit fraternity of like-minded practitioners who shared a strong sense of common values and a general disdain for any efforts to commercialize the profession. The American Bar Association's 1908 Canons of Ethics …


The 1988 Vanderbilt Law Review Symposium The Modern Practice Of Law: Assessing Change, William E. Pilsk May 1988

The 1988 Vanderbilt Law Review Symposium The Modern Practice Of Law: Assessing Change, William E. Pilsk

Vanderbilt Law Review

The legal profession has long embraced an ironic contradiction:lawyers help clients respond to or create change, yet at the same time lawyers steep themselves in tradition and pride themselves on professional stability. Thus we have the image of the conservative, pedigreed attorney, clad in dark wool, who helps his client accomplish new and daring objectives, but who generally resists changes in his or her relationship with the client. For many years this image has served as the ideal for the legal profession, and rules and standards evolved to preserve that ideal.For generations the legal profession has adhered to its traditions …