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Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini
Settlement Ethics And Lawyering In Adr Proceedings: A Proposal To Revise Rule 4.1, James J. Alfini
Northern Illinois University Law Review
At the close of the twentieth century, we are witnessing very significant changes in the litigation of civil disputes in our society. Much of the change has to do with a more expansive view by lawyers and judges of the means that may be employed for resolving civil disputes. Cases in litigation are increasingly being sent to mediation, arbitration, summary jury trial, early neutral evaluation, and other alternatives to adjudication. Lawyers are beginning to advise their clients of the availability of these options and are representing their clients in these alternative fora. Much has been said and written about these …
An Essay On Teaching Professional Responsibility, L. Ray Patterson
An Essay On Teaching Professional Responsibility, L. Ray Patterson
Northern Illinois University Law Review
There is, I argue, need for a new approach to teaching law students how to become professionally responsible lawyers. The core problem in teaching the professional responsibility course is that it is a course in lawyer's law that treats only the ethical rules and ignores the fact that procedural and malpractice rules are also relevant. If, however, the professional responsibility course becomes a course in lawyer's law, it follows that it must encompass rules of procedure, rules of malpractice, and rules of ethics (which should be identified as what they are, rules of discipline). There is, however, a development that …
Let's Make Lawyers Happy: Advocating Mandatory Pro Bono, Donald Patrick Harris
Let's Make Lawyers Happy: Advocating Mandatory Pro Bono, Donald Patrick Harris
Northern Illinois University Law Review
Proponents of mandatory pro bono argue that lawyers have an obligation to provide free services because, among other things, the practice of law is a profession. Proponents further argue that mandatory pro bono is justified because lawyers enjoy a "monopoly" of the legal system, and with that monopoly comes an obligation to provide public service. Additionally, they argue there is a strong tradition of providing public service suggesting continued commitment to pro bono service and an attorney has a moral obligation to see that those already handicapped do not suffer the cumulative disadvantage of being without proper legal representation. Opponents …
Ethics 2000: What Might Have Been, Steven C. Krane
Ethics 2000: What Might Have Been, Steven C. Krane
Northern Illinois University Law Review
The Model Rules of Professional Conduct can perhaps be analogized to a modest house built in the early 1960s. The kitchen and bathroom were updated in the late 1970s, and the garage was converted into an extra room, but otherwise the house has remained unchanged. By the late 1990s, however, it became apparent that the occupants of the house had - along with their neighborhood - changed dramatically. The house no longer met their needs. Clearly, what is needed is for the Commission to build a new house for the occupants to live in. Instead, the Commission is redecorating. It …
Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm
Looking Ahead To Ethics 2015: Or Why I Still Do Not Get The Aba Model Conflict Of Interest Rules, Richard E. Flamm
Northern Illinois University Law Review
Ideas about what constitutes ethical conduct--and, more specifically, about what the law governing lawyers should be--would appear to be in a perpetual state of flux. Whether because of perceived problems with existing ethical rules, changes in the way law has come to be practiced, or a melange of other reasons including political expediency, it seems that a call goes out every fifteen years or so-for a reappraisal of the rules regulating the way lawyers conduct their affairs. One such call, put out in the late 1960s, ripened into the ABA Model Code of Professional Responsibility (1970). Thirteen short years later …
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Northern Illinois University Law Review
The preparation of this Collection chanced to be stimulated by a current Illinois bar admission controversy which has reminded observers of my own bar admission controversy of the 1950s. My April 15, 1999 talk at Northern Illinois University, prompted by these reminders, has served as the point of departure in response to an invitation to bring together in this law review various (mostly previously unpublished) talks and papers of mine about lawyers and the law.