Law Commons^™

Delaware Legal Ethics, American Legal Ethics Library, Lawrence Hamermesh, Louise Hill

Louise L Hill

No abstract provided.

Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel

Cornell Law Faculty Publications

Values, which give us reasons for acting in certain ways, may be properties of both natural, pre-institutional states of affairs and relations among persons, as well as states of affairs and relations among persons that are constituted and regulated by social and political institutions. We can call these ordinary moral values and institutional values, respectively. The fundamental issue in legal ethics is often represented as a conflict between ordinary moral values and institutional values. However, another conflict which has not been well explored in the legal ethics literature is between agent-neutral institutional values and agent-relative reasons that arise from the …

"Lawyers" Not "Liars": A Modified Traditionalist Approach To Teaching Legal Ethics, Lonnie T. Brown

Scholarly Works

As attorneys, we undeniably should be faithful confidantes to, and staunch allies for, our clients, but we must also never lose sight of the fact that we are not simply client representatives; we are concurrently officers of the court and keepers of the public trust. Though I strive diligently to make my students aware of the specific ethical duties owed to clients, I always stress even more intently the importance of these latter two components of their professional obligation. They are what set the practice of law apart from other occupations, and they are what should serve to inspire us …

Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney

Faculty Scholarship

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 …

Ethical Codes And Cultural Context: Ensuring Legal Ethics In The Global Law Firm, Laurence Etherington, Robert Lee

Indiana Journal of Global Legal Studies

There are doubtless many practical and professional problems that arise in the global legal practice, but this paper suggests that not least of these are issues of legal ethics, in part generated by the global context and not easily amenable to resolution by reference to any single code within the "home" or "host" jurisdiction. For example, there may be difficulties in isolating precisely what those ethical obligations might comprise. These obligations might be rooted in the requirements of local law, but they might arise equally from the values and expectations of the client, or from other lawyers whether inside or …

Law In The Plays Of Elmer Rice, Randolph N. Jonakait

Articles & Chapters

While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …

Colorado Ethics Opinion 115: Next Steps For Colorado's Collaborative Lawyers, Scott R. Peppet

Publications

No abstract provided.

Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell

Publications

This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill

Villanova Law Review

No abstract provided.

Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson

Articles

No abstract provided.

Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney

St. Mary's Law Journal

This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …

"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.

Journal Articles

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 …

Delaware Legal Ethics, American Legal Ethics Library, Lawrence Hamermesh, Louise Hill

Lawrence A. Hamermesh

No abstract provided.

The Ethical Obligations Of Lawyers, Law Students And Law Professors Telling Stories On Web Logs, Anna Hemingway

Anna P. Hemingway

Teaching Professional Responsibility And Ethics, Ronald D. Rotunda

Ronald D. Rotunda

This article discusses the development of teaching legal ethics in light of the changes in the ethics rules over the years. The thesis is that many ethics rules reflect the needs of a cartel (the legal profession) to protect itself, rather than the need to protect the clients of lawyers. The author uses stories and examples to illustrate this thesis.

A 'How To' Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry

Laurel S. Terry

Remembering Robert J. Drinan, S.J., Ronald D. Rotunda

Ronald D. Rotunda

Robert F. Drinan had a varied and full legal career, as ordained Jesuit priest, Dean of Boston College Law School, U.S. Congressman, Professor at Georgetown U. Law School, and author of many books and articles. This article summarizes his life and his contributions to legal scholarship, including, in particular, his founding of the Georgetown Journal of Legal Ethics.