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Legal Education And The Reproduction Of Hierarchy: A Polemic Against The System, Michigan Law Review

Michigan Law Review

A Review of Legal Education and the Reproduction of Hierarchy: A Polemic Against the System by Duncan Kennedy

The Law Business, David W. Belin

Michigan Law Review

A Review of The Law Business: A Tired Monopoly by Joseph W. Bartlett and The Partners by James B. Stewart

Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services, Jeffrey W. Stempel

Scholarly Works

In Bates v. State Bar of Arizona, a 1977 decision, the United States Supreme Court overturned the American Bar Association's (ABA) sixty-nine-year-old prohibition of advertising by lawyers. The Bates holding invalidated comprehensive bans on lawyer advertising but left unsettled the scope of permissible regulation. While the Bates Court found attorneys' price advertising to be protected speech under the first amendment, it also stated that false and misleading advertising could be prohibited. The majority expressly declined to consider the problems of advertising claims relating to the quality of legal services.

The organized bar's reaction to Bates has been hesitant and inconsistent. …

Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review

Michigan Law Review

Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.

Law School Never Stops, Robert L. Clare

Cleveland State Law Review

In the past, law school graduates were molded into lawyers through along period of training. However, the modern legal community - law firms, law staffs of corporations and government agencies, bar associations, continuing legal education institutes and law schools - has begun to implement a whole new philosophy of legal training predicated upon the direct teaching of legal practice skills rather than the experience orientated process.

The Unionization Of Law Firms, Georgene M. Vairo

Fordham Law Review

No abstract provided.

Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review

Michigan Law Review

The decision by the members of a law partnership to invite an associate of the firm to become a partner involves careful consideration of the associate's qualifications. Recently some associates who have been denied advancement to partnership have alleged improper consideration of religion, national origin, or sex in the partner selection process. There are, of course, practical difficulties in proving discrimination in the subjective context of partnership selection. Assuming clear evidence of such discrimination, this Note addresses the question whether an associate may invoke the protection of federal antidiscrimination legislation.

The Other View Of The Other Government, Mark Green

Michigan Law Review

A Review of The Other View of The Other Government: A Reply

The Other Government, Daniel D. Polsby

Michigan Law Review

A Review of The Other Government by Mark J. Green

Facing Future Growth Affirmatively, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

It is the contention of this author that one's approach to the recruitment of associates should be given the same careful analysis that other questions of law office operation and management are given. Recruitment should be systematic; it should maximize the attorney's selection; and it should be done at the lowest cost possible to achieve the desired ends.

Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller

University of Michigan Journal of Law Reform

Effective January 1, 1972, Michigan adopted a no-fault divorce law. Since that time, at least two firms in the Detroit area have gone into the business of providing assistance to people wishing to process their own divorces. These enterprises, which have been dubbed divorce firms or divorce kit firms, have come under heavy attack from the organized bar. The State Bar of Michigan has instituted court proceedings against one firm for the unauthorized practice of law, and a court on its own initiative has already issued an injunction against the other. These cases raise two important issues: whether the divorce …

The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein

Articles & Chapters

Government-funded poverty law firms are presently providing essential legal services to poor people throughout the country. These firms have met with varying responses from the bar and the courts. In this article, Professor Botein examines the response of New York's Appellate Division, First Department-a comprehensive set of regulations governing the practice of law by poverty law firms. After analyzing these regulations and the constitutional issues they raise, the author concludes that both procedurally and substantively there is strong doubt concerning their validity.

Women In The Law, James J. White

Articles

IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …

A Revolution In The Law Practice, F. William Mccalpin

Cleveland State Law Review

When I was a boy, there was a popular abbreviated saying, "Comes the revolution," with the usually unsaid, but well understood additive, "Things will be different around here." My suggestion in this writing is that we may well be on the verge of a revolution in the practice of law, and that things may indeed "be different around here" in the practice.