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Full-Text Articles in Law

Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin Nov 2016

Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin

Leslie Levin

Liability insurers often informally regulate the behavior of their insureds through the underwriting process, premium pricing, contract design, and risk management practices. This Article explores whether lawyer professional liability (“LPL”) insurers effectively regulate the behavior of solo and small firm lawyers in ways that encourage responsible conduct. The Article draws on interviews of insurance industry executives, risk management counsel, and insured lawyers, as well as insurer documents and surveys of lawyers, to explore the impact of LPL insurers on the work lives of solo and small firm lawyers. The research reveals that LPL insurers appear to regulate the behavior of …


Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam Oct 2016

Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam

University of Arkansas at Little Rock Law Review

No abstract provided.


What We Know And Need To Know About Pro Bono Service Delivery, April Faith-Slaker Jan 2016

What We Know And Need To Know About Pro Bono Service Delivery, April Faith-Slaker

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel Jan 2016

What We Know And Need To Know About Medical-Legal Partnership, Bharath Krishnamurthy, Sharena Hagins, Ellen Lawton, Megan Sandel

South Carolina Law Review

No abstract provided.


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

No abstract provided.


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …


What We Know And Need To Know About Immigrant Access To Justice, Elinor B. Jordan Jan 2016

What We Know And Need To Know About Immigrant Access To Justice, Elinor B. Jordan

South Carolina Law Review

No abstract provided.


An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts Jan 2016

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

South Carolina Law Review

No abstract provided.


Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson Jan 2016

Introduction: What We Know And Need To Know About The State Of 'Access To Justice' Research, Elizabeth Chambliss, Renee N. Knake, Robert L. Nelson

Faculty Publications

Ongoing, systematic research on civil legal needs and services is an essential component of improving the quality and availability of such services. Collaboration among researchers, legal services providers, and regulators will only become more important as innovations in the delivery of legal services progress. This volume brings together sixteen white papers by subject matter experts who assess "what we know and need to know" about various aspects of civil legal services delivery. The product of a partnership between the South Carolina Law Review and the ABA Commission on the Future of Legal Services, the collection is intended to serve as …


#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster Jan 2016

#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster

Articles in Law Reviews & Other Academic Journals

Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …


What We Know And Need To Know About Civil Gideon, Tonya L. Brito, David J. Pate Jr., Daanika Gordon, Amanda Ward Jan 2016

What We Know And Need To Know About Civil Gideon, Tonya L. Brito, David J. Pate Jr., Daanika Gordon, Amanda Ward

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About The Delivery Of Legal Services By Nonlawyers, Deborah L. Rhode Jan 2016

What We Know And Need To Know About The Delivery Of Legal Services By Nonlawyers, Deborah L. Rhode

South Carolina Law Review

No abstract provided.


What We Know And Need To Know About Disruptive Innovation, Raymond H. Brescia Jan 2016

What We Know And Need To Know About Disruptive Innovation, Raymond H. Brescia

South Carolina Law Review

No abstract provided.


Training For Bargaining, Jenny M. Roberts, Ronald F. Wright Jan 2016

Training For Bargaining, Jenny M. Roberts, Ronald F. Wright

Articles in Law Reviews & Other Academic Journals

While plea bargaining dominates the practice of criminal law, preparation for trial remains central to defense attorneys’ training. Negotiation is still peripheral to that training. Defense lawyers enter practice with little exposure to negotiation techniques and strategies in the plea bargaining context, the most significant skills they use every day.

Empirical research on plea negotiations has concentrated on outcomes of negotiations rather than the process itself. Our multi-phase field study examines the negotiation techniques that attorneys use during plea bargaining, as well as their preparation and training for negotiation. This Article explores the data on the training aspects of our …


When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry Jan 2016

When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry

Faculty Scholarly Works

This 3-page blog post addresses the topic of proactive lawyer regulation, which is also known as proactive management-based regulation or PMBR. This blog post reviews Professor Susan Fortney's article entitled "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System," and summarizes some of the impressive data that Professor Fortney collected in Australia, including her finding that sixty-two percent of the respondents reported that they agreed or strongly agreed with the following statement: the self-assessment process ‘was a learning exercise that enabled our firm to improve client service.’” The article also reports that …


Four Reasons Why Readers Hate Go Set A Watchman (And One Reason Why I Don't), Judy Cornett Jan 2016

Four Reasons Why Readers Hate Go Set A Watchman (And One Reason Why I Don't), Judy Cornett

Scholarly Works

No abstract provided.


The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry Jan 2016

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Faculty Scholarly Works

This Article focuses on those who regulate U.S. laywers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to adjust the focus of the regulator for which they work in a way that will increase client and public protection. The Article further argues that it is appropriate for lawyers in these positions to exercise this power and that they should do so. The Article concludes by offering two concrete recommendations.

The first recommendation is that those who are in charge should, upon reflection, adopt a mindset in which they recognize that the …


The Lawyer As Public Figure For First Amendment Purposes, Alex B. Long Jan 2016

The Lawyer As Public Figure For First Amendment Purposes, Alex B. Long

Scholarly Works

Should lawyers be treated as public figures for purposes of defamation claims and, therefore, be subjected to a higher evidentiary standard of actual malice under the Supreme Court’s decision in New York Times v. Sullivan? The question of whether lawyers should be treated as public figures raises broad questions about the nature of defamation law and the legal profession. By examining the Supreme Court’s defamation jurisprudence through the lens of cases involving lawyers as plaintiffs, one can see the deficiencies and inconsistencies in the Court’s opinions more clearly. And by examining the Court’s defamation cases through this lens, one can …


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Dec 2015

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Felice J Batlan

This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …