Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
-
- Thomas L. Shaffer (28)
- Laurel S. Terry (14)
- Randy Lee (7)
- Samuel J. Levine (5)
- Patricia E. Salkin (4)
-
- Susan S. Fortney (4)
- Judith A. McMorrow (3)
- Louise L Hill (3)
- Trevor C. W. Farrow (3)
- Daniel R. Coquillette (2)
- David S Caudill (2)
- Deborah M. Hussey Freeland (2)
- James E. Moliterno (2)
- Ronald D. Rotunda (2)
- Allan C. Hutchinson (1)
- Anna P. Hemingway (1)
- Caren Myers Morrison (1)
- Jan L Jacobowitz (1)
- Jens David Ohlin (1)
- Lawrence A. Hamermesh (1)
- Lawrence Raful (1)
- Lyman P. Q. Johnson (1)
- Mark Spiegel (1)
- Mary Ann Robinson (1)
- Milan Markovic (1)
- Paul R. Tremblay (1)
- R. Michael Cassidy (1)
- Randy D. Gordon (1)
- Richard W Garnett (1)
- Robert C Power (1)
- File Type
Articles 1 - 30 of 98
Full-Text Articles in Law
Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno
Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno
James E. Moliterno
The legal profession tends to look inward and backward when faced with crisis and uncertainty. The legal profession could make greater advances by looking outward and forward to find in society and culture the causes of and connections with the legal profession’s crises. Doing so would allow the profession to grow with society, solve problems with rather than against the flow of society, and be more attuned to the society the profession claims to serve.
Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine
Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine
Samuel J. Levine
This Essay is the third part of a larger project examining the potential role of professional discipline in the regulation and supervision of prosecutors’ charging decisions. The first two parts of the project argued that courts have both the authority and the ability to exercise effective disciplinary review of charging decisions through the adoption of ethics rules and their enforcement in the disciplinary process. This Essay takes the next step in the project, considering the nature of rules that courts might adopt, by exploring potential rules targeting two improprieties: arbitrary and capricious charging decisions, and discriminatory charging decisions.
Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic
Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic
Milan Markovic
No abstract provided.
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Randy D. Gordon
Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer
Thomas L. Shaffer
Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …
On Living One Way In Town And Another Way At Home, Thomas L. Shaffer
On Living One Way In Town And Another Way At Home, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
Trevor C. W. Farrow
No abstract provided.
When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry
When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry
Laurel S. Terry
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine
Samuel J. Levine
This article aims to explore the notion of the lawyer’s ethical responsibility to go “beyond” the letter of the law and to comply with the “spirit” or “purpose” of the law. The article suggests that, notwithstanding its promotion of admirable principles and goals, a spirit of the law model may prove inconsistent with basic legal and ethical obligations of lawyers. The lawyer’s duties as fiduciary, as agent, and as zealous advocate, responsible for representing the best interests of the client, preclude the lawyer from focusing on the spirit and purpose of the law rather than on the aims of the …
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
Laurel S. Terry
As a Lichtenstein Distinguished Lecturer, Professor Terry was asked to write an article for the Hofstra Law Review. Her article, cited below, may be downloaded from the link at the top of the page. Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95 (2014) The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal …
An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry
An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry
Laurel S. Terry
The Financial Action Task Force (FATF) is a thirty-eight-member intergovernmental organization whose mission is to fight money laundering and terrorism financing; the U.S. is a founding member of the FATF. The FATF is best known for its 40 Recommendations, many of which are directed towards various kinds of “gatekeepers” who are in a position to facilitate or inhibit money laundering and terrorism financing. (These were previously known as the 40+9 Recommendations). Lawyers are among those to whom the FATF’s recommendations apply. This article provides the introduction for the Journal of the Professional Lawyer’s Symposium about the application of the FATF …
In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson
In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson
Allan C. Hutchinson
While considerable thought and effort have been put into exploring and fixing the ethical rights and professional responsibilities of private Lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical …
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Trevor C. W. Farrow
The pressures and opportunities of globalization have dramatically changed the nature of legal practice. How and why we practice law? For whom and whose benefit? In what contexts? And on what terms? The answers to these questions are continuously changing as a result of current global trends. The communities served by lawyers, the practice contexts in which they work and the issues that they face are increasingly diverse, complex, transnational and global in character. All of these challenges demand new competencies and raise a host of new issues about ethics and professionalism. As a threshold matter, more and more lawyers …
Is It Educational Malpractice Not To Teach Comparative Legal Ethics?, Susan Saab Fortney
Is It Educational Malpractice Not To Teach Comparative Legal Ethics?, Susan Saab Fortney
Susan S. Fortney
This article addresses the importance of teaching legal ethics in law schools. After a brief introduction, this article outlines several reasons why it is necessary to have formal ethical training in law schools. The article then explains the different methods of teaching legal ethics that are utilized in the United States. The article also details why it is important and how to teaching comparative legal ethics in law schools due to increased globalization. The article concludes by identifying sources, such as the internet, for teaching comparative legal ethics.
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Susan S. Fortney
This foreword provides an overview of some key aspects of law practice that have changed over the last thirty years. Advancements in technology that allow communication and interaction across borders have facilitated lawyers in globalizing their practice locality. Consequently, new issues regarding comparative ethics have arisen. This foreword suggests that ethics rules have not kept pace with the changing landscape of law practice and uses current standards for advanced waivers, rules relating to contracts with represented and unrepresented persons, and the proper use of ethics rules in civil litigation to illustrate this point. This foreword raises concern over the erosion …
The Role Of Ethics Audits In Improving Management Systems And Practices: An Empirical Examination Of Management-Based Regulation Of Law Firms, Susan Saab Fortney
The Role Of Ethics Audits In Improving Management Systems And Practices: An Empirical Examination Of Management-Based Regulation Of Law Firms, Susan Saab Fortney
Susan S. Fortney
For decades, legal malpractice experts have urged lawyers to implement risk management measures. To assist law firms in doing so, legal malpractice insurers have provided audit services and self-audit materials. Under the Australian regulatory regime, incorporated legal practices are required to complete a self-assessment process and to report on the firm's compliance with ten objectives of sound law practice. Using management-based principles, this Article discusses steps to take to encourage ethics audits "to merge good ethics and good business" in the U.S.
Preventing Legal Malpractice And Disciplinary Complaints: Ethics Audits As A Risk-Management Tool, Susan Saab Fortney
Preventing Legal Malpractice And Disciplinary Complaints: Ethics Audits As A Risk-Management Tool, Susan Saab Fortney
Susan S. Fortney
This column examines the value of firm lawyers conducting and supporting ethics audits as an integral feature of a comprehensive risk-management program. For decades, legal malpractice experts have urged lawyers to implement systems, policies, and procedures related to the delivery of legal services. Once a firm adopts systems, policies, and procedures, a meaningful risk-management system requires a periodic examination to monitor lawyers’ compliance. Rather than waiting for a professional liability insurer to recommend or require such a systematic examination, proactive firm leaders and lawyers should seriously consider devoting time and resources to periodic ethics audits.
Investigating Jurors On Social Media, Caren Myers Morrison
Investigating Jurors On Social Media, Caren Myers Morrison
Caren Myers Morrison
This essay proceeds in three parts. First, it examines the current state of jury investigations, and how they differ from those conducted in the past. Then, it describes the evolving legal and ethical positions that are combining to encourage such investigations. Finally, it offers a note of caution–condoning such investigations while keeping them hidden from jurors may be perceived as unfair and exploitative, risking a possible backlash from outraged jurors. Instead, I propose a modest measure to provide notice and explanation to jurors that their online information is likely to be searched, and why.
Materials On The Development Of Legal Ethics In The United States, Thomas Shaffer
Materials On The Development Of Legal Ethics In The United States, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
American Lawyers And Their Communities: Ethics In The Legal Profession, Thomas Shaffer, Mary Shaffer.
American Lawyers And Their Communities: Ethics In The Legal Profession, Thomas Shaffer, Mary Shaffer.
Thomas L. Shaffer
No abstract provided.
Lawyers In The United States Of America, Thomas Shaffer
Lawyers In The United States Of America, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
American Legal Ethics: Text, Readings And Discussion Topics, Thomas Shaffer
American Legal Ethics: Text, Readings And Discussion Topics, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
Lawyers, Clients, And Moral Responsibility, Thomas Shaffer, Robert Cochran
Lawyers, Clients, And Moral Responsibility, Thomas Shaffer, Robert Cochran
Thomas L. Shaffer
No abstract provided.
Faith And The Professions, Thomas Shaffer
Value Pluralism In Legal Ethics, W. Bradley Wendel
Value Pluralism In Legal Ethics, W. Bradley Wendel
W. Bradley Wendel
My claim in this Article is that the foundational normative values of lawyering are substantively plural and, in many cases, incommensurable. By plural I mean that the ends served by the practice of lawyering are fundamentally diverse, and are therefore valued in different ways. Lawyers promote multiple worthwhile goals, including not only preserving individual liberty, speaking truth to power, showing mercy, and resisting oppression, but also enhancing order and stability in opposition to the “ill-considered passions” of democracy, aligning individual action with the public good, and shaping disputes for resolution by particular institutions such as courts and agencies. The claim …
The Torture Lawyers, Jens David Ohlin
The Torture Lawyers, Jens David Ohlin
Jens David Ohlin
One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most important areas of justifications and excuses. First, the debate about torture has been overly focused on justifications for torture. This can be explained in part by …
How I Changed My Mind, Thomas L. Shaffer
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
Thomas L. Shaffer
This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid …
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Thomas L. Shaffer
Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal representation. …