Law Commons^™

Give Them Back Their Lives: Recognizing Client Narrative In Case Theory, Binny Miller

Michigan Law Review

This article is about case theory and its implications for incorporating client narratives in litigation. In seeking to understand the connections between voice, narrative, and case theory, I look not only to theory but to my experience as a clinical teacher and criminal defense attorney. I explore how the practice of lawyering can be reconstructed to embrace a greater role for clients in constructing case theories, both through the images of the client the lawyer presents in the case theory and through active client participation in developing and choosing the case theory. Although one aim of case theory is to …

Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos

Vanderbilt Law Review

Legal malpractice is a taboo subject. It has been ignored by the legal profession,' law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly' and lay publications. Unfortunately, our perception of legal malpractice, up until now, has been highly distorted by secretive insurance companies, confidential settlement agreements, and a questionable American Bar Association ("ABA") Study. Nonetheless, sharply contrasting portraits of legal malpractice have emerged: either it is just a minor problem of "weeding out" a few "bad apples," or it is the tip of an "iceberg," ready to overwhelm the legal profession. The ABA Study has fostered the …

Fall 1994

Transcript

No abstract provided.

Changing Opportunities For Partnership For Men And Women Lawyers During The Transformation Of The Modern Law Firm, Fiona M. Kay, John Hagan

Osgoode Hall Law Journal

Considerable controversy surrounds partnership in law firms, particularly regarding the possibility of systematic gender bias and discrimination. This article contributes to the existing literature by considering explanations of women's under-representation in partnerships within the historical context of changes in the structure of law practice. Such changes include transitions in the organization and scale of contemporary law firms, the emergence of branch offices and international markets, the diversification of recruitment practices and mobility routes through modified firm hierarchies, and rising expectations of billable hours. Using a survey of over 1,000 lawyers in Ontario law firms, the authors examine opportunities for partnership …

The Limits Of Compulsory Professionalism: How The Unified Bar Harms The Legal Profession, Bradley A. Smith

Florida State University Law Review

No abstract provided.

Sexual Harassment In The Legal Profession: Workplace Education And Reform, Civil Remedies, And Professional Discipline, Lisa Pfenninger

Florida State University Law Review

No abstract provided.

A Survivor's Guide To Law School, Erik M. Jensen

West Virginia Law Review

No abstract provided.

Building Community Among Diversity: Legal Services For Impoverished Immigrants, Robert L. Bach

University of Michigan Journal of Law Reform

Part I of this Essay introduces the Immigrants' Legal Needs Study (ILNS), which provides most of the data for this Essay. Part II focuses on immigrants' access to legal assistance. It analyzes the problems and needs of recently arrived poor immigrants-both immigrants share with longer established poor residents as well as special needs related to immigrants' residency status. Part III addresses the present day demography of our urban communities, including the levels of new immigration. Parts IV and V detail the legal difficulties faced by poor immigrants, the ways they deal with these problems, and community responses to these needs. …

Eyes To The Future, Yet Remembering The Past: Reconciling Tradition With The Future Of Legal Education, Amy M. Colton

University of Michigan Journal of Law Reform

This Note explores the relationship between legal education and the legal profession, and what can be done to stop the two institutions from drifting farther and farther apart. Part I examines the history of the American law school, focusing on how the schools came into existence and what goals they intended to serve. Part II questions whether these goals have been reached, and dissects the present-day law school curriculum in search of both its triumphs and its failures. A necessary part of this curriculum analysis includes examining the evolution of the profession into a creature of both law and business, …

Reflections On The Hart And Wechsler Paradigm, Richard H. Fallon, Jr.

Vanderbilt Law Review

The Federal Courts field may be experiencing a methodological crisis, but if so, it is a methodological crisis of a peculiar kind. The problem is not that new methodologies threaten traditional modes of analysis. On the contrary, the difficulty is that we have been doing largely the same thing for more than forty years--asking much the same questions formulated by Henry Hart and Herbert Wechsler in the first edition of The Federal Courts and the Federal System' and trying to answer them with roughly the same techniques. Not surprisingly, a number of people would like to throw off the Hart …

Making Elite Lawyers: Visions Of Law At Harvard And Beyond, Daniel A. Cohen

Michigan Law Review

A Review of Making Elite Lawyers: Visions of Law at Harvard and Beyond by Robert Granfield

Power From The People, Milner S. Ball

Michigan Law Review

A Review of Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice by Gerald P. López

Spring 1994

Transcript

No abstract provided.

Attorney's Fees In Chapter 11 Reorganization: A Case For Modified Procedures, Brenda Hacker Osborne

Indiana Law Journal

No abstract provided.

Prosecutors' Peremptory Challenges - A Response And Reply, Lynn A. Helland, Sheldon N. Light, William J. Richards

Law Quadrangle (formerly Law Quad Notes)

Three federal trial attorneys disagree with Professor Richard Friedman's proposal to eliminate the prosecution's peremptories, while Friedman defends his view.

Recalibrating The Balance: Reflections On Welfare Reform, Jeffrey Lehman, Sheldon Danziger

Law Quadrangle (formerly Law Quad Notes)

During the 1992 presidential campaign, Candidate Clinton promised, in Putting People First, "to make work pay" and to "end welfare as we know it":

"It's time to honor and reward people who work hard and play by the rules. That means ending welfare as we know it not by punishing the poor or preaching to them, but by empowering Americans to take care of their children and improve their lives. No one who works full-time and has children at home should be poor anymore. No one who can work should beable to stay on welfare forever."

Back To The Future: The Buyer's Market And The Need For Law Firm Leadership, Creativity And Innovation, F. Leary Davis

Campbell Law Review

[Examines] how the legal market and legal profession have changed as they have transitioned from a buyer's to a seller's market and back over the last forty years.

Pro Bono Publico: Issues And Implications, Debra Burke, Reagan Mclaurin, James W. Pearce

Loyola University Chicago Law Journal

No abstract provided.

Enforcing Lawyers' Covenants Not To Compete, Glenn S. Draper

Washington Law Review

Courts uphold most post-employment covenants not to compete if they meet a three part reasonableness test that balances the interests of the employer, the employee, and the public. Lawyers' covenants not to compete, however, are treated differently. Courts hold lawyers' agreements that prohibit competition with their former firms per se invalid, in order to preserve clients' unrestricted freedom to choose their attorneys. Courts have split on whether to apply the per se rule to invalidate lawyers' agreements that discourage rather than prohibit post-employment competition. The California Supreme Court's recent decision in Howard v. Babcock, applying the familiar reasonableness test to …

Legal Advice Toward Illegal Ends, Joel S. Newman

University of Richmond Law Review

Suppose you discovered a wonderful fishing hole hidden on some public lands. Would you be obligated to tell others about it? Of course not. But, could you go out of your way to hide its existence? Of course not-especially not from your friends.

In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell

UIC Law Review

No abstract provided.

Walking On Thin Ice: The Changing Liability Of Attorneys In The Securities Arena, 27 J. Marshall L. Rev. 909 (1994), Scott A. Crist

UIC Law Review

No abstract provided.

Criminal Contingency Fee Agreements: How Fair Are They?, Samuel A. Perroni, Janey Mcnutt

University of Arkansas at Little Rock Law Review

No abstract provided.

Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker

Cleveland State Law Review

No abstract provided.

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

Volume 61

Tennessee Law Review

No abstract provided.

A Brief Look At New York's Efforts To Codify Its Law Of Evidence, Barbara C. Salken

Touro Law Review

No abstract provided.

Project Challenge: Pro Bono Opportunity In Private Corporate Practice, Wendy E.D. Smith, Cheryl J. Terai

West Virginia Law Review

No abstract provided.

The Lawyer's Duty Of Public Service: More Than Charity, Tigran W. Eldred, Thomas Schoenherr

West Virginia Law Review

No abstract provided.

Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker

Cleveland State Law Review

No abstract provided.