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Articles 181 - 210 of 226
Full-Text Articles in Law
Back To The Future: The Buyer's Market And The Need For Law Firm Leadership, Creativity And Innovation, F. Leary Davis
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.
The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest
The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest
Michigan Law Review
This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue, …
Law Firm Restructuring: The Big Picture, Gary A. Munneke
Law Firm Restructuring: The Big Picture, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The term "restructuring" has become a buzzword for law firm efforts to improve the bottom line by altering the composition of the firm's personnel. In many instances, this is accomplished by "downsizing," a word more easily spoken than "firing." As opportunities for ownership interest in law firms evaporate, firms talk about "nonequity partners" and "rainmaking" skills. Such euphemisms are often used to sugarcoat the bitter medicine of economic reality. It may be useful to look more closely at the phenomenon of restructuring, although cynics might say lawyers should look at structuring first. In either case, taking a look at the …
An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert
An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert
Michigan Law Review
A Review of Tournament of Lawyers: The Transformation of the Big Law Firm by Marc Galanter and Thomas Palay
Coping With A Turbulent Environment: Development Of Law Firm Training Programs, Edwin H. Greenebaum
Coping With A Turbulent Environment: Development Of Law Firm Training Programs, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke
Dances With Nonlawyers: A Perspective On Law Firm Diversification, Gary A. Munneke
Fordham Law Review
In this Article, Professor Munneke continues the debate over ethical rules governing lawyers' professional affiliations with nonlawyers, arguing in favor of the adoption of uniform rules that regulate lawyers' conduct in the context of specific ethical issues, such as confidentiality and conflicts of interest. In Professor Munneke's view, the retention of ethical rules that prohibit law firm diversification impedes the ability of lawyers to compete effectively in today's rapidly changing marketplace of professional services. Professor Munneke moreover questions whether state bar association rules that prohibit law firm diversification are capable of withstanding judicial scrutiny under the federal antitrust laws and …
The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers
The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers
Articles
American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $40,000 from college and law school have become the norm, and debts of $50,000, $60,000, and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a considerably faster pace than the starting salaries at small law firms and government agencies. They have even risen at a faster pace than the starting salaries in many large firms. The new pattern …
Professional Discipline For Law Firms , Ted Schneyer
Professional Discipline For Law Firms , Ted Schneyer
Cornell Law Review
No abstract provided.
Doing Business: The Management Of Uncertainty In Lawyers' Work, John Flood
Doing Business: The Management Of Uncertainty In Lawyers' Work, John Flood
Articles by Maurer Faculty
Apparently naive, but in fact not, is the question: What do lawyers do? Many scholars assume the central role of the lawyer is that of the advocate, but among lawyers working in law firms advocacy consumes little of their time. Similarly, the term lawyer provides hardly any meaning in itself. The research presented here is based on a participant-observation study of a corporate law firm. The central thesis proposed, in the light of case studies of the selling of shopping mall and the arranging of a bank loan, is that business lawyers are engaged in managing uncertainty for both their …
When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry
When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry
Journal of Dispute Resolution
Part II of this Comment will discuss in detail the two primary issues facing a law firm that is dealing with dissolution: property division and "custody" of the firm's clients upon dissolution. 15 Part III will review the Pennsylvania Bar Association Program and examine the successes enjoyed by the program. Part IV will look at the benefits of using mediation in firm dissolutions and analyze the advantages between alternative dispute resolution and litigation
On The Transformation Of The Legal Profession: The Advent Of Temporary Lawyering, Vincent R. Johnson, Virginia Coyle
On The Transformation Of The Legal Profession: The Advent Of Temporary Lawyering, Vincent R. Johnson, Virginia Coyle
Faculty Articles
The structure of the legal profession and the nature of law practice have changed dramatically during the past quarter of a century. Indeed, the transformation has been so thorough that it is difficult to say with confidence which of the many developments has had the greatest impact on the culture of law practice. The growth in the number of attorneys and law firms has been exponential; women and minorities comprise increasingly larger percentages of law school graduates, practitioners, and the academic bar; law firms are taking on greater and greater numbers of associates; starting salaries in major firms now approach …
First Person Singular, John W. Reed
First Person Singular, John W. Reed
Articles
The hot topic in legal circles is the decline of professionalism. In this often negative age, it ranks right up there with "What's wrong with American schools?" and "Where will we live when the ozone is gone?" and "How can we get a handle on drugs?"-all those terrible things.
Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers
Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers
Articles
Law school operating costs are up. Tuitions are up. The debts of law students are up. What is happening to the students who have borrowed large sums? Are their debts affecting their decisions about the jobs to seek? Once in practice, are they significantly affecting the standard of living they can afford to maintain? What, in particular, is the effect of debts on those who enter-or contemplate entering-small firms, government, legal services, and "public interest" work where salaries are lower than in most other settings in which lawyers work? In the preceding essay, Jack Kramer has performed another extremely valuable …
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Articles
This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principalr esponsibilitiesf or the care of children, but it alsof inds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.
The 1988 Vanderbilt Law Review Symposium The Modern Practice Of Law: Assessing Change, William E. Pilsk
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 …
The Lawyer’S Duty To Report Another Lawyer’S Unethical Violations In The Wake Of Himmel, Ronald D. Rotunda
The Lawyer’S Duty To Report Another Lawyer’S Unethical Violations In The Wake Of Himmel, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
Law Firms And Clients As Groups: Loyalty, Rationality, And Representation, Edwin H. Greenebaum
Law Firms And Clients As Groups: Loyalty, Rationality, And Representation, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
Lawyers In Business, Justin A. Stanley
Lawyers In Business, Justin A. Stanley
Northern Illinois University Law Review
This Article explores a new and interesting question in the area of professional responsibility: How should the legal profession deal with large law firms involved in non-legal businesses? The modern trend in today's large law firms towards offering non-legal financial and real estate investment and counseling services poses some difficult professional responsibility questions which this Article begins to explore. Mr. Stanley concludes that the American Bar Association, or some other appropriate agency, should move quickly to deal with this growing problem before the government takes steps to regulate in this area.
Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch
Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch
Journal of Dispute Resolution
This comment is divided into three major sections. In Part I, the attorneys explain how ADR concepts are employed within their respective firms. Part II is advisory in nature, with the attorneys expressing their opinions and beliefs regarding how ADR should be integrated into a law firm practice. In Part III, the attorneys express some of their perceptions and viewpoints regarding ADR in general.
In Defense Of A Double Standard In The Rules Of Ethics: A Critical Reevaluation Of The Chinese Wall And Vicarious Disqualification, Frances Witty Hamermesh
In Defense Of A Double Standard In The Rules Of Ethics: A Critical Reevaluation Of The Chinese Wall And Vicarious Disqualification, Frances Witty Hamermesh
University of Michigan Journal of Law Reform
This Note suggests that no change is warranted at the present time; courts should not adopt the Chinese wall defense to vicarious disqualification of private firms. The Chinese wall should, however, continue to operate as an internal device for protection of confidentiality. As such, it encourages firms to avoid disqualification by obtaining client consent to successive representation. Neither the historical record of the work of the Commission on the Evaluation of Professional Standards (the Kutak Commission), the empirical evidence currently available, nor the pragmatic arguments offered by many commentators justify an exception to, or modification of, the standard of imputed …
"Understanding...": Processing Information And Values In Clinical Work, Edwin H. Greenebaum
"Understanding...": Processing Information And Values In Clinical Work, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
The Sale Of A Law Practice: The Model Rules Of Professional Conduct Point In A New Direction, Stephen E. Kalish
The Sale Of A Law Practice: The Model Rules Of Professional Conduct Point In A New Direction, Stephen E. Kalish
University of Miami Law Review
No abstract provided.
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Michigan Journal of International Law
This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …
A Federal Bar For Foreign Lawyers, Christopher J. Caywood
A Federal Bar For Foreign Lawyers, Christopher J. Caywood
Michigan Journal of International Law
Part I of this note presents the case for a national bar to regulate foreign lawyers. National regulation would likely enable the United States to conclude reciprocity agreements with foreign nations that would enhance the treatment of U.S. attorneys abroad. It would also benefit the American public by increasing the availability of legal expertise on foreign and international law, and encouraging international trade in services. Part II addresses potential objections to a federal bar regulating foreign lawyers. Part A examines state and local bar associations' concerns regarding the maintenance of adequate levels of legal and ethical competence. It argues that …
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
Michigan Journal of International Law
This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in …
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
Michigan Journal of International Law
The issues raised in connection with delivery of legal services in Japan are complex and best understood against the backdrop of the development of the legal profession in Japan. Part I of this article discusses the history of the Japanese legal profession, especially its recent history. Part II shows how this development has shaped the issues in the current dispute. It recounts the development of the dispute, the arguments that have been made on the Japanese and American sides, and the course of the negotiations over legal services as part of the Japan-U.S. trade agenda. This article concludes with a …
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
Michigan Journal of International Law
This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Michigan Journal of International Law
To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
Michigan Journal of International Law
This article discusses the practice of foreign commercial lawyers operating through branch offices of foreign firms in the Sultanate of Oman. In order to see how the present situation has developed, it is necessary to consider the particular circumstances of modern Oman. Part I outlines some important aspects of Oman's history. Part II focuses on the development of the Omani legal and judicial system since 1970 with regard to commercial law. Finally, part III examines the practice of the foreign lawyer operating in Oman, and illustrates the kind of legal work which he may carry out.
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Michigan Journal of International Law
This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …