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Articles 1 - 12 of 12
Full-Text Articles in Law
It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora
It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora
St. Mary's Journal on Legal Malpractice & Ethics
Due largely to an overlap of authority between disciplinary bodies charged with supervising the professional conduct of attorneys and the authority of courts to supervise litigation, the ethical ramifications of routine discovery abuses often pass without comment. That is because disciplinary authorities routinely defer to courts to police litigation behavior despite courts frequently rejecting the role of enforcers of professional rules. A further contributing factor to unethical conduct becoming routine practice in discovery are ill-defined parameters and a dearth of guidance. One tool in particular, requests for admission, has gone overlooked in the literature and caselaw, but poses unique ethical …
The Litigation Privilege As A Shelter For Miscreant Legal Counsel, Marc I. Steinberg, Logan J. Weissler
The Litigation Privilege As A Shelter For Miscreant Legal Counsel, Marc I. Steinberg, Logan J. Weissler
Faculty Journal Articles and Book Chapters
This article focuses on a pressing issue of national importance related to attorney conduct (or misconduct). The Litigation Privilege is a long-recognized immunity fashioned for attorneys to enable them to perform their functions as zealous advocates and litigators, without having to consider prospective non-client lawsuits aimed at their conduct in the course of representation. However, recent case law purports to expand the Litigation Privilege outside of its traditional contexts, posing a nationwide threat to attorney ethical standards. Broad readings of what sorts of legal assistance constitute “litigation” for the purposes of the application of the Litigation Privilege have recently been …
Ethics In International Arbitration: A Critical Examination Of The Lcia General Guidelines For The Parties' Legal Representatives, Vincent S. Dattilo
Ethics In International Arbitration: A Critical Examination Of The Lcia General Guidelines For The Parties' Legal Representatives, Vincent S. Dattilo
Georgia Journal of International & Comparative Law
No abstract provided.
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Catherine Rogers
In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Catherine Rogers
The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.
Character And Context: What Virtue Theory Can Teach Us About A Prosecutor's Ethical Duty To "Seek Justice.", R. Michael Cassidy
Character And Context: What Virtue Theory Can Teach Us About A Prosecutor's Ethical Duty To "Seek Justice.", R. Michael Cassidy
R. Michael Cassidy
A critical issue facing the criminal justice system today is how best to promote ethical behavior by public prosecutors. The legal profession has left much of a prosecutor’s day-to-day activity unregulated, in favor of a general, catch-all admonition to “seek justice.” In this article the author argues that professional norms are truly functional only if those working with a given ethical framework recognize the system’s implicit dependence on character. A code of professional conduct in which this dependence is not recognized is both contentless and corrupting. Building on the ethics of Aristotle and modern philosophers Alasdair MacIntyre and Bernard Williams, …
Unresolved Problems In Texas Legal Malpractice Law The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Stephen E. Mcconnico, Jennifer Knauth, Robyn Bigelow
Unresolved Problems In Texas Legal Malpractice Law The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Stephen E. Mcconnico, Jennifer Knauth, Robyn Bigelow
St. Mary's Law Journal
Legal malpractice jurisprudence is a dynamic and evolving area of Texas law. In its evolution, many issues have arisen regarding potential areas for attorney liability and discipline. The Texas Supreme Court opinion in Alexander v. Turtur & Associates, Inc. discusses the “suit within the suit” requirement for causation in litigation malpractice cases. The case also raised an important question—whether and in what circumstances causation should be treated as a question of law for the trial judge in the malpractice case, rather than as a question of fact for the jury. The Alexander opinion suggests that both the jury submission issues …
Discovery Of Information And Documents From A Litigant's Former Employees: Synergy And Synthesis Of Civil Rules, Ethical Standards, Privilege Doctrines, And Common Law Principles, Susan J. Becker
Law Faculty Articles and Essays
The goal of this Article is to untangle some of the issues surrounding the recurring dilemmas posed by discovery of information held by former employees. Part II of this Article elucidates the competing interests of the litigators, their respective clients, the courts, and the potential witnesses when discovery is sought from former employees of a party. Part III provides a brief overview of the various legal authorities that govern an attorney's discovery of former employees and the synergy created by these sources. Part IV examines the potential pitfalls attorneys encounter when pursuing informal discovery of former employees of a party. …
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers
Journal Articles
The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Journal Articles
In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …
Regulating Attorney Conduct: Specific Statutory Schemes V. General Regulatory Guidelines, Chris G. Mcdonough, Michael L. Epstein
Regulating Attorney Conduct: Specific Statutory Schemes V. General Regulatory Guidelines, Chris G. Mcdonough, Michael L. Epstein
Touro Law Review
No abstract provided.
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Law Faculty Articles and Essays
There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …